South Florida Criminal Defense Lawyer Blog

DOMESTIC VIOLENCE IN FLORIDA: MICKEY MOUSE TELLS MINI NO GUNS AT WORK

Is Mickey Mouse afraid of Mini Mouse?

Is there a mouse in the house with a gun?

Disney, citing its Federal fireworks permit, is trying to keep guns out of the hands of the mouseketeers. The NRA says this means war!

Florida’s newly minted “take your guns to work” law has Disney in a twit. Citing their Federal fireworks permits Disney is trying to undo the handiwork of guns at work Florida style.

After firing and then re-hiring a gun-toting security guard it’s anyone’s guess what comes next. Will Florida’s hired guns at the AG’s office take aim at Disney in court. Or will Disney go to federal court to enjoin Florida’s new gun law. Only a mouse would guess.

Only Walt knows. Stay tuned and pass the cheese dip.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Guns in Florida and the Law

Bookmark:

FLORIDA FELONY LAW AND GUNS

The June 2008 US Supreme Court decision may arguably force a change in Florida's law prohibiting those with a felony conviction from owning or possesing a gun.

Fort Lauderdale and Miami have the highest rate of gun ownership in Florida, and the highest felony conviction rate. It gets worse:

Florida has increased felony and felony conviction categories. More and more misdemeanors are becoming a felony.

More and more violations of probation and community control are resulting in felony convictions. Drug possession, drug trafficking, resisting arrest, fleeing and eluding have all became enhanced felony charges in Florida.

Florida law makes it a crime for anyone with a felony conviction to own or possess a gun. Things may change: here's why:

Constitutional rights cannot be legislatively overruled: that's basic constitutional law. Courts must apply a balancing test. The best example is your right to free speech does not permit calling out "FIRE!!" in a crowded theater.

If gun ownership is a constitutional right then it follows that the legislature cannot take it away. So the arguement goes, and it will....all the way up to the Supreme Court, and soon.

Florida criminal defense lawyers, a high concentration of them in South Florida, Miami and Fort Lauderdale will soon test Florida's law about guns and felons. Criminal defense attorney Ralph Behr will be on the front lines of this one.... Watch for more news....

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Guns in Florida and the Law

Bookmark:

July 1, 2008 is Florida's 'take your gun to work' day.

South Florida workplace parking lots will soon lite up with muzzle flashes as well as street lighting.

Miami, Palm Beach, Broward, and Fort Lauderdale workplaces now must permit employees to bring a gun to work. You must have a gun carry permit and must lock the gun in the car.

NO guns at schools, government buildings, prisons and airports.

Employers in South Florida cannot overrule the law.

If you live and work in the Fort Lauderdale - Miami area check with your criminal defense attorney to be sure you are not violating the law even if you have a concealed weapon permit. Being arrested in Florida is always easy, getting out of jail is never easy.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Guns in Florida and the Law

Bookmark:

US SUPREME COURT IN SPRING 2008 RULES ON DC GUN BAN

Q: What does this mean for Florida criminal law?

In what will soon be regarded as a landmark decision, Florida criminal defense attorney Ralph Behr has issued advisories to his clients concerning gun possession and related gun possession charges.

Changes in gun laws affect all aspects of criminal law, not only gun crimes, but any criminal charges involving the use or or display of guns.

Broward County, Florida, as well as Miami Florida and Palm Beach has the highest concentration of gun owners and gun related crimes in Florida.
The decision holds that the right to own guns is guaranteed by the constitution.

The court goes on to say that the regulation of guns is not beyond the reach of government. Gun laws in Florida permit guns to be carried with a permit.

The court’s ruling allows “reasonable restrictions” but does not, as most Florida criminal lawyers agree: give enough guidance.

Criminal attorneys in Florida are waiting for gun cases to move through the courts for clarification.

Guns that are used in crimes are punished differently then when guns are trafficked. Trafficking in guns goes beyond personal use and ownership and has penalties that can rise to life imprisonment in Florida.

Similar to drug trafficking and drug possession laws, Florida criminal lawyers will look to the courts for interpretations that affect Florida residents who are charged with gun related crimes.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Guns in Florida and the Law

Bookmark: