South Florida Criminal Defense Lawyer Blog

In kneejerk fashion, Governor Rendell of Pennsylvania is expected to call on federal and state lawmakers to pass stricter gun control laws in the wake of the shooting deaths of three Pittsburgh police officers. Rendell was scheduled to hold a news conference this afternoon with Pittsburgh Mayor Luke Ravenstahl and other municipal officials from around the state.

Rendell told the Pittsburgh Post-Gazette he will ask the Legislature to allow municipalities to enact their own gun laws. In addition, spokesmen for Ravenstahl and Philadelphia Mayor Michael Nutter say they expect Rendell to ask Congress to re-enact a ban on assault weapons.

Authorities say Richard Poplawski was armed with a rifle and other weapons when he allegedly shot three Pittsburgh officers earlier this month.

Continue reading "Pittsburgh Calls for Tougher Gun Laws" »

Gunfire erupted between two high schoolers at a Jacksonville high school recently. Police say no injuries occurred when gun shots rang out between two school buildings in the morning of a normal school day last Tuesday. Six students have been detained for further questioning in result of the discharge of weapons in relation to a fight between two groups of students. FCAT testing was going on the day of the incident and has been postponed. One student was found to be in possession of one of the guns; the other firearm was located in a trash can.

Despite Florida Law, and many laws across all the states, the school's designation of being a "Gun-Free Zone" had no bearing on the criminals. Potential lives could have been lost in the crossfire and police could only arrive on the scene after the fact. Florida Statute 790.115 states:

A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop

This means people can not possess firearms, regardless of licensing, on any school property. In this incident, obviously the age of the minors in question makes it an automatic offense ANYWHERE for possession of a handgun.

Continue reading "Gun Fire Sends a Florida High School into Lockdown" »

The first case in Florida regarding legal gun storage in cars on employer parking lots is being tested. A Boca Raton funeral employee is suing his company for firing him on the premise that he had a gun in the parking lot of his place of employment. He is claiming that the employer violated the new state law that permits people with concealed-weapons licensing to have their firearms secured in their cars on workplace property. A spokesman for the funeral parlor declined to comment on the situation. The accusations that Collazo, 36, even had a gun on the premises were said to be made by two anonymous tipsters in the area claiming to have seen " a bulge in his pocket" which resembled a gun.

This is groundbreaking legal news as far as concealed weapons on employee property goes. The "Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008" states that:

The statute provides that an “employer”—that is, a business with at least one worker who has a concealed carry permit—may not: (1) prohibit a worker with a concealed-carry permit from securing a gun in a vehicle in a parking lot;(2) prohibit a customer—whether or not he or she has a concealed-carry permit—from securing a gun in a vehicle in a parking lot; (3) ask a worker with a concealed carry permit or a customer whether he or she has a gun in a vehicle in a parking lot, take any action against such a worker or against a customer based on a statement about whether the worker or customer has a gun in a vehicle in a parking lot for lawful purposes, or search a vehicle in a parking lot for a gun; (4) condition employment on whether a person has a concealed-carry permit; (5) terminate a worker with a concealed-carry permit, or otherwise discriminate against such a worker, or expel a customer, for having a gun in a vehicle on the business’s property, unless the gun is exhibited on the property. A business that does not have at least one worker with a concealed-carry permit is not subject to any of these provisions.

Certain places of employment do not allow guns at work under law, but storing of your firearm securely in your car at work is OKAY. Be sure to follow this blog to see where the courts go with this one.

Continue reading "Florida Possession of Firearm In Parking Lot Law Tested" »

If you have a federal or Florida State conviction for a felony and reside in the State of Florida, you CANNOT own or possess a firearm as designated per F.S. 790.23. A firearm is defined:

...any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime.

If you have been wrongfully arrested and accused in South Florida, Miami, Fort Lauderdale, or any city in Broward County, of displaying, discharging, or owning a firearm under any of the aforementioned conditions or other related ones, Attorney Behr is ready to answer any questions you may have. With over 30 years experience, Attorney Behr has acquired the fortitude and confidence to handle all gun related charges you may be charged with.

Continue reading "Felony Possession of Firearms Easiest To Avoid" »

Some predict Barack Obama, the President-Elect, to become one of the most stringent opposers of anti-gun control legislation. Record numbers of concerned citizens have gone in droves to gun stores across the state to purchase firearms they would otherwise have never bought.

Florida Law states that one must maintain a Concealed Weapons License if carrying a weapon on your person, yet no license is required for ownership in one's place of residence or business.

With the boom in firearm sales and similar products thought to made illegal by Obama's upcoming administration, please be careful and safe in the storage, handling, and usage of said firearms.

Continue reading "Fearful Citizens Arm Up For Impending Obama Presidency" »

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.

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....

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.

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.