In a case stemming from a man who killed a pit bull when he and his Chihuahua felt threatened, an appeals court ruled Wednesday that Florida’s “stand your ground” self-defense law can apply to cases involving animals. A three-judge panel of the 4th District Court of Appeal said a Palm Beach County circuit judge improperly denied a stand-your-ground immunity hearing for Cassanova Gabriel, who was charged with crimes including cruelty to animals.
Second Amendment
Social Media and Gun Laws Await Supreme Court Rulings, with Big Implications for Florida
The social-media ruling likely will decide whether Florida can carry out a 2021 state law that placed restrictions on platforms such as Facebook and X. The gun ruling in a Texas case could help determine the fate of a 2018 Florida law that barred people under age 21 from buying rifles and shotguns.
California Will Add 11% Tax Guns and Ammo. That Could Diminish Violence.
Starting in July, California will be the first state to charge an excise tax on guns and ammunition–11% on each sale on top of federal excise taxes of 10% or 11% for firearms and California’s 6% sales tax. The National Rifle Association has characterized California’s Gun Violence Prevention and School Safety Act as an affront to the Constitution. But the reaction from the gun lobby and firearms manufactures may hint at something else: the impact that the measure, which is aimed at reducing gun violence, may have on sales.
Mexico is Suing American Gun Makers for Arming Its Gangs
The lawsuit seeks US$10 billion in damages and a court order to force the companies named in the lawsuit – including Smith & Wesson, Colt, Glock, Beretta and Ruger – to change the way they do business. In January, a federal appeals court in Boston decided that the industry’s immunity shield, which so far has protected gun-makers from civil liability, does not apply to Mexico’s lawsuit.
Ban on Felons Owning Guns Survives as Florida Supreme Court Rejects Challenge
Florida Supreme Court Justices on Monday issued an order rejecting an appeal by William Edenfield, who was charged with possession of a firearm by a convicted felon after a 2020 shooting incident in Leon County. Edenfield went to the Supreme Court in August after the 1st District Court of Appeal rejected his Second Amendment arguments.
Should Domestic Abusers Have Access to Guns?
The U.S. Supreme Court on Tuesday hears arguments in a case that will decide whether courts should, as is the case in Florida, have the authority to take away the guns of people who are under a domestic violence protective order, which aims to shield victims from their abusers.
Florida Felons Want Their Guns Back. Supreme Court May Hear Them Out.
After a major U.S. Supreme Court ruling last year on Second Amendment rights, the Florida Supreme Court could decide whether to uphold a state law barring possession of guns by convicted felons.
Guns and Drugs: Life Expectancy in the U.S. Keeps Falling
People in the U.S. are dying at higher rates than in other similar high-income countries, and that difference is only growing. It goes well beyond Covid, to an epidemic of gun deaths and drug deaths.
America’s Gun Crime: Why Tourists Are Being Warned to Avoid and Beware
Uruguay has suggested its citizens avoid certain American cities, Germany warns of the possibility of killing sprees, Canada now recommends its citizens familiarise themselves with how to respond to an active shooter before visiting, Australia’s official travel advice warns “gun crime is prevalent.”
Gun Groups Perpetuate Militia Myth to Keep Whatever Arms They Dream Of
This idea of the average American stockpiling an arsenal seems rather quaint when compared to the military and the taxpayer funded arsenal we’ve allowed the government to develop. It’s kind of like putting up a macaroni collage right next to the Monet.
Ban the AR-15, ‘America’s Rifle’
A bipartisan bill was introduced in Texas to raise the minimum age to buy assault weapons. It shouldn’t have taken nearly this long for gun-loving Texas to take an action that is supported by a majority of Americans. The slaughter at a suburban shopping mall was the tipping point.
Gun Deaths Drive Biggest Spike in Child Mortality in 50 Years
After decades of steady improvement, the death rate of America’s children and teens shot up between 2019 and 2021 — and Covid-19 wasn’t the reason. Gun-related deaths represented the largest share of the increase — by far.
It’s The Guns
They’re the constituents our elected officials value the most. To most of our lawmakers, guns need careful handling. Not because they’re instruments of death, but because they’re holy and blameless chalices of liberty.
In less Than 24 Hours, an ‘Open Carry’ Bill Is Introduced then Re-Holstered, Disappointing Advocates
But a permitless carry bill proceeds. That bill, HB 543, would repeal the requirement that Floridians who carry a concealed weapon must get a license through the state. It would also mean Floridians would not have to take a gun safety and training course.
Renner Proposal Would Allow Floridians to Carry Guns Without a Permit or Safety Class
Calling the proposal an effort to “remove the government permission slip,” House Speaker Paul Renner on Monday announced legislation that would allow people to carry concealed weapons without licenses or currently-required gun-safety classes.
Easy Access to Guns Contributes to America’s Youth Suicide Problem
Between 2011 and 2020, the most recent decade for which data is available, 14,763 children ages 5-17 died by suicide in the U.S. – a rate of approximately four deaths every day. Over 40% of these suicides involved a firearm. The great majority of guns involved in youth suicides come from the victim’s home or the home of a relative.
Why Can’t Florida’s Medical Pot Patients Buy Guns? Ag Commissioner Fried Challenges U.S. Law
Florida Agriculture Commissioner Nikki Fried is relying on a recent U.S. Supreme Court decision to support arguments in a challenge to federal regulations that make it illegal for medical-marijuana patients to buy guns.
Attorney General and NRA Use New Decision to Challenge Under-21 Gun Restrictions
As they battle over a 2018 Florida law that raised the minimum age from 18 to 21 to buy rifles and other long guns, attorneys for the state and the National Rifle Association are trying to use a new U.S. Supreme Court ruling to bolster their arguments.
Supreme Court Brandishes Second Amendment Rights to New Heights
For most of the history of the court, Second Amendment rights have been seen as distinct, more dangerous and thus more open to regulation. Now, the majority of justices has invoked a major change, with implications for many rights and regulations in American society.
U.S. Supreme Court Strikes Down Limits on Concealed Carry Laws, Expands Gun Rights
The court ruled that New York’s concealed carry law violates the 14th Amendment of the Constitution — a major decision that expands the Second Amendment right to keep and bear arms. The opinion came at the same time Congress is considering new gun control legislation following two deadly mass shootings.
Influential NRA Lobbyist Marion Hammer, 83, Retires Into ‘Gunshine State’ Sunset
Hammer, 83, successfully shepherded a host of measures that helped to earn Florida the “Gunshine State” moniker and made it a launching pad for gun-related laws that later took hold throughout the country.
Did the 1994 Assault Weapons Ban Diminish Mass Shootings? Yes.
The risk of a person in the U.S. dying in a mass shooting was 70% lower during the period in which the assault weapons ban was active. The proportion of overall gun homicides resulting from mass shootings was also down, with nine fewer mass-shooting-related fatalities per 10,000 shooting deaths.
The Legal Age to Buy Assault Weapons Doesn’t Make Sense
Considering someone an adult once they turn 18 is a relatively recent trend, and it’s not clear that it can stand up to public scrutiny as a meaningful threshold for legally purchasing firearms.
Why the NRA Is So Successful at Stopping Gun-Safety Legislation
NRA has vigorously rejected any charge that its policies contribute to America’s gun problem, instead advancing proposals such as improving mental health responses, “hardening” schools with increased security, and potentially even arming teachers, which leaders claim, without evidence and against educators’ wishes, can serve as a deterrent.
Florida’s Relatively New Red-Flag Law Emerging as Model for Other States in Gun Debate
As a national debate rages over gun laws after last month’s mass shooting at a Texas elementary school, proponents of “red-flag” policies point to a Florida law as a model for states seeking to strip deadly weapons from people who could cause harm.
Mass Shootings Are a Boon to Firearms Stocks
A week on, and the market rally of gun stocks following the latest mass shooting hasn’t subsided. That’s been the case with recent mass shootings–but it contrasts with shootings a decade or more ago, when gun companies’ share prices would fall.
Measure Up to What Vets Fought For: A Call to Flagler’s Community and State Leaders
It is time county commissioners, governors and legislators exhibited some plain common sense, balancing serious gun-safety regulations with responsible gun ownership. The politicians who let the carnage continue are the cowards for not taking action.
Our National Pathology Over Guns Is Inhuman
Insanity, as has been famously remarked, is doing the same thing over and over again, and hoping for a different result. And that is the story of our lawmakers’ ongoing inability to pass even the simplest of gun violence reduction measures. And, then, under our very noses, we’re hit with another Sandy Hook.
In Response to Texas School Massacre, Biden Calls for More Gun Regulations, Florida GOP for Prayers
In the wake of the latest mass shooting at a school, President Biden called for tougher gun controls and for Americans to stand up to powerful gun lobbyists. Florida’s GOP leaders maintained opposition to gun restrictions and offered prayers.
Buffalo Mass Shooter Threatened a Shooting While in High School. Could More Have Been Done?
Accused mass-shooter Payton S. Gendron’s story is not unlike the dozens of stories that typify one of the biggest challenges that schools face when it comes to averting school shootings – and in the case of Buffalo, mass shootings in general. And that challenge is recognizing and acting upon warning signs that mass shooters almost always give well before they open fire.
Gov. DeSantis Vows to Sign Law Allowing Open, Permitless Gun Carrying Before He Leaves Office
Citing some 25 states that have already done it, Gov. Ron DeSantis gave “constitutional carry” — allowing people to carry guns without concealed weapons permits — his full endorsement during a news conference on Friday.
Sondheim’s ‘Assassins’ and the Bizarre Role of Guns in American Culture
Stephen Sondheim, who died on Nov. 26, 2021, had a knack for using stage and song to explore America’s dark, violent underbelly. “Assassins” is a collective biography of the historical figures who attempted to assassinate U.S. presidents, four of them successfully.
Rittenhouse Verdict Flies in the Face of Legal Standards for Self-Defense
In delivering its verdict, a Wisconsin jury decided that Rittenhouse’s conduct was justified, even though the prosecution argued that he provoked the violent encounter and, therefore, should not be able to find refuge in the self-defense doctrine.
Texans Could Carry Handguns Without a Permit Under a Bill Headed to Governor’s Desk
The compromise keeps intact a number of changes the Senate made to the House bill to assuage concerns from the law enforcement community, including striking a provision that would have barred officers from questioning people based only on their possession of a handgun.
Bill Clears Way for Guns on School Campuses Co-Located With Churches and Other Religious Institutions
Schools co-located with churches, synagogues and other religious institutions may soon see firearms on school campuses – despite the gun-free school laws Florida created in 2018.
Court Sides With Sumter County Teacher, Allowing Gun on Campus
An appeals court Friday sided with a Sumter County high-school teacher who challenged a school-district policy that barred him from having a gun in his car on campus.
Court Rejects Challenge by Cities and Counties of State Law Banning Stricter Local Gun Regulations
In a win for Republican lawmakers and the National Rifle Association, an appeals court upheld a 2011 state law that threatens tough penalties if city and county officials approve gun-related regulations.
Volusia/Flagler Chapter Marks ACLU’s Centennial With “Future Voters Essay Contest” and $500 Prize
The American Civil Liberties Union (ACLU) ‘s Volusia/Flagler chapter is celebrating the ACLU’s 100th birthday with an essay contest open to all students, with a $500 prize and publication of the winning essay in FlaglerLive.
Florida House Panel Backs Bills Allowing Local Politicians to Arm Themselves at Public Meetings
The House Criminal Justice Subcommittee also approved a measure that would allow people to carry concealed weapons at religious institutions that share properties with schools.
13 Florida Cities and Gun-Control Groups Counter NRA Claims and Push for Assault-Weapons Ban
The political committee Ban Assault Weapons NOW, the gun-control group Brady and a coalition of 13 cities filed briefs Friday saying that the proposal meets legal tests to go before voters.
NRA and Local Governments Square Off Over Gun Law Silencing Home Rule
Florida since 1987 has barred cities and counties from passing regulations that are stricter than state firearms laws, and the penalties in the 2011 law were designed to strengthen that “preemption.”
NRA and Attorney General Moody File Briefs Attacking Proposed Assault Weapons Ban in Florida
Three briefs were filed Friday in opposition to the proposed amendment, which the political committee Ban Assault Weapons NOW is trying to place on the November 2020 ballot.
A Gun Registry In Florida Is a Bad Idea. Just Ask Canada.
A panel of Florida economists weighed the burden of a proposed constitutional amendment that aims to ban assault weapons but grandfather in guns already circulating, as long as their owners register them with the state. Bad idea, says Nancy Smith.
Stop Criminalizing Children in the Name of School Security
The rash of zero-tolerance felony arrests of children that the Flagler school district experienced last year unjustly makes examples of adolescents in the name of a security establishment focusing on the wrong threats across the state.
Of Course Guns Have Nothing To Do With It
Mountains of evidence link America’s mass killings to the massive amount of guns in circulation, but let’s go ahead and pretend that guns have nothing to do with it, nor the absence of sensible gun control.
State Will Appeal Ruling That Struck Down Law Penalizing Local Officials For Regulating Guns
Florida will appeal a circuit judge’s ruling that struck down a state law threatening tough penalties for local officials and governments that approve gun regulations.
Assault Weapons Definition Is Key as Proposed Ban Heads For Floridians’ 2020 Ballot
The proposed constitutional amendment would prohibit “possession of assault weapons, defined as semiautomatic rifles and shotguns capable of holding more than 10 rounds of ammunition at once, either in fixed or detachable magazine…”
Siding With Local Governments, Judge Strikes Law Penalizing Officials Who Pass Gun Rules Stricter Than State’s
In 2011, Florida lawmakers approved a series of penalties that local governments and officials could face if they violated the prohibition on gun laws that are stricter than the state’s.
Putnam Stays Out Fight Over Concealed Weapons Permits as His Office Goes to a Democrat
After the concealed-weapons permitting processed revealed serious flaws under Adam Putnam, attempts are afoot to move the process to state police, out of the agriculture commissioner’s purview.
Judge Clears Way For Local Governments to Challenge State Ban on Stricter Gun Restrictions
Some 30 local Florida governments are challenging a state law that forbids cities and counties from passing stricter gun regulations than the state allows.
