Do you have a right to bear arms in Florida?

Posted by | March 06, 2015 | Attorney, Criminal Defense | No Comments

DO YOU HAVE THE RIGHT TO BEAR ARMS OR OWN A GUN IN THE STATE OF FLORIDA?  DO YOU HAVE QUESTIONS AND NEED A CRIMINAL DEFENSE ATTORNEY

The Second Amendment to the U.S. Constitution has been shortened to be understood as ‘the right to bear arms’.  That is misleading.  As an individual, you do not have the right to legally carry a firearm without some restrictions.  The 2nd Amendment reads:

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

The meaning of this one sentence has been the topic of many discussions in and out of court.

In 1939 the Supreme Court heard the case United States v. Miller, in which Jack Miller and another person were arrested and indicted for transporting unregistered sawed-off shotguns across state lines.  Miller had several arguments to back his case, one of which was that the National Firearms Act, which regulated the interstate transport of certain firearms, violated the second amendment.  Miller won with the lower district courts, but the case was taken to the Supreme Court

The Supreme Court ruled against Miller and upheld that the fact that the second amendment does not guarantee the right to keep and bear such firearms.   Part of the statement was “…in the absence of any evidence tending to show that possession of use of [sawed-off] shotgun… has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument” 307 U.S. at 178[1].  Thus, the Supreme Court interpreted the Second Amendment as preserving the authority of the states to maintain militias.

 

The Supreme Court did not hear a ruling concerning the Second Amendment again until 2007 with the Parker v. District of Columbia case.  Previously, the District of Columbia had laws concerning a ban on carrying a pistol without a license, new registration of handguns, and firearms being kept unloaded an locked.  In the Parker case, the lower D.C. courts ruled against these laws and found that a person has the right to own handguns for their own personal protection and keep them in their homes without placing a trigger lock on them.

The case was appealed by Heller to the Supreme Court (D.C. v. Heller) and the Court agreed with the lower court that the D.C. banning of handguns and requiring firearms in the home to be disassembled or locked did violate the Second Amendment.  The Court stated that although the amendment stated “a well regulated Militia…” that this does not limit the action, or use of, firearms.

 

However, the Court did acknowledge that the right to bear arms is subject to regulations.  Regulations such as licenses, matters concerning concealed weapons, limiting the rights of felons or mentally ill individuals,  and prohibiting of carrying weapons in certain places.

The issues and arguments of the Second Amendment still arise today, and the interpretation of this amendment is constantly being scrutinized.  If you are arrested and charged with any crime regarding carrying or being in possession of a handgun, call an attorney immediately.  In Florida the criminal defense office of The Law Office of Travis Koon has handled cases regarding the issue of handguns, and may be able to handle your case.  Call any one of our offices today (in Gainesville, Lake City, or Miami) to schedule an appointment.  Do not wait until it is too late!  We are Florida criminal defense attorneys that are here to protect your rights.

 

[1] http://www.loc.gov/law/help/second-amendment.php

 

EXPERIENCED GAINESVILLE AND LAKE CITY, FLORIDA CRIMINAL DEFENSE ATTORNEY

 

At www.koonlegal.com and Attorney Travis Koon, we know that if found guilty, some of these charges can change your life completely.

 

At www.koonlegal.com , Criminal Defense Attorney Travis Koon, is a trained and skilled attorney that will assess your situation and argue the best defense for your case. Attorney Travis Koon has represented people charged with crimes his entire career. Criminal Defense Attorney Travis Koon has helped over 1,500 clients avoid jail time and the loss of their freedom. Attorney Travis Koon has conducted over 40 criminal trials and many of those trials were in the immediately area surrounding Live Oak, Florida, Lake City, Florida and Gainesville, Florida. Attorney Travis Koon is a member of the Florida Bar and Georgia Bar. In addition, Attorney Travis Koon is a member of the Federal Middle District and Northern District. Attorney Travis Koon is experienced in criminal cases in State and Federal Court.

 

Koonlegal

Travis Koon, Attorney

Criminal Attorney

Live Oak, Lake City & Gainesville, Florida

Live Oak and Lake City-386-597-0000

Gainesville-352-729-1211

traviskoon@koonlegal.com

www.koonlegal.com

 

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