An Infamous Day

An Infamous Day
By: Zach McCormick
December 7, 2016

Many have seen American flags flying at half-mast today and wondered why. In fact, Old Glory has been brought earthward in remembrance of the Japanese surprise attack on the US Naval base at Pearl Harbor, Hawaii on December 7, 1941. The next day, President Franklin D. Roosevelt accurately asserted that this date was one that would "live in infamy".  On December 11th, 1941, the United States Congress did what it has never done since and issued a formal declaration of war against Germany, Italy and Japan (Axis powers).

The Greatest Generation quickly rallied and young men trooped off to battle in a campaign that would claim nearly a half million American lives. This blood-soaked conflict not only led to the downfall of the Axis powers but exposed to the world the atrocities of their respective regimes. The world experienced a new kind of horror when the unthinkable cruelty of the "National Socialists" (aka NAZIs) was uncovered in the concentration camps and elsewhere.

As with all of history, these events have begun to fade from the collective consciousness.
However, there are profound lessons to be learned from not only the conflict years themselves but in the time leading up to the war itself. In those decades, the seeds of discord were sown in ways that are eerily similar to the conditions today.

In an effort to avoid repeating mistakes of the past let us take a short moment to think about why our flags are flying low and why it is so important that we remember this infamous day.

Concealed Carry In Florida Without A Permit During a State of Emergency

Concealed Carry In Florida Without A Permit During a State of Emergency

By: Zach McCormick

Date: October 5, 2016

In 2015, the State of Florida enacted a law that permits Floridians without concealed carry weapons permits to conceal their firearms about their person "while in the act of evacuating during a mandatory evacuation order issued during a state of emergency declared by the Governor pursuant to chapter 252 or declared by a local authority pursuant to chapter 870". This is a common sense measure designed to remove some of the burden that citizens bear while they seek shelter during an emergency. 

It is critical to note that this law truly is an ‘emergency exception’ because it only provides protection to Floridians during a very short 48-hour window and only during the "act of evacuating”. The “act of evacuating” is defined to mean the "immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered". (Here is a link to the statute if you would like to read it in its entirety: Florida Statute 790.01). It is fair to say that anyone that makes use of this law must only do so if they are fully aware of all of the parameters that are involved because ignorance will serve as no defense to the unwary.

Additionally, there are some things that are not directly addressed by the law that may be useful to know.

• Felons and misdemeanor domestic battery convicts still may not possess guns.
• "Off-limits" still probably means "off-limits" for concealed carry. (Full list of off-limits areas here).
• Carrying a firearm concealed is by no means a license to unlawfully use it.

One important problem with the law is that it creates something of a contradiction in situations where schools are used as emergency shelters. This is because, generally, schools are on the 'off-limits' list when it comes to where concealed firearms may be lawfully carried. Unfortunately, there is no direction in the statute as to whether, during the state of emergency, such prohibitions are lifted. This means that, however impractical or contrary to the spirit of the statute it may be the safest approach is to leave your firearms some place that is safe and that is off school property while you take refuge inside the school-shelter.

No matter how you choose to exercise your rights, it cannot be stressed enough how important it is to act in a mature, and measured fashion during these difficult times. Law enforcement officers as well as other public service officials will undoubtedly be in a heightened state of alert and, given the relatively new nature of this law, could be unaware that it even exists. Therefore, even though Florida citizens generally retain their civil liberties during states of emergency, the interests of safety are well served by placing a high priority on defusing and deescalating tense situations immediately before they become a problem. Whether dealing with a neighbor or a police officer, the appropriate place to remedy any wrongs is the courtroom, not the street.

Off Limits Areas for Concealed Weapon Permit Holders in Florida

Off Limits Areas for Concealed Weapon Permit Holders in Florida

By: Zach McCormick

Date:October 5, 2016

       "Being forewarned is being forearmed" is an old phrase and it essentially means that if you know what challenges are before you that you will be better equipped to deal with those matters if you are aware of them before you encounter them. 

When it comes to legal and responsible firearms ownership and more specifically to lawful concealed weapons carry, it is absolutely critical to know the law. After all, to quote another old saying "ignorance of the law is not a defense".

So here is a simple list of places that the are off limits in the State of Florida for concealed weapons holders.  Per Florida Statute 790.06, section 12(a):

A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or firearm into:

1. Any place of nuisance as defined in s. 823.05 (generally referring to brothels,      

       gambling houses or places where gang activity occurs)

2. Any police, sheriff, or highway patrol station;

3. Any detention facility, prison, or jail;

4. Any courthouse;

5. Any courtroom, except that nothing in this section would preclude a judge from  

carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom;

6. Any polling place;

7. Any meeting of the governing body of a county, public school

district, municipality, or special district;

8. Any meeting of the Legislature or a committee thereof;

9. Any school, college, or professional athletic event not related to firearms;

10.  Any elementary or secondary school facility or administration building;

11.  Any career center;

12.  Any portion of an establishment licensed to dispense alcoholic beverages for

consumption on the premises, which portion of the establishment is primarily devoted to such purpose;

13.  Any college or university facility unless the licensee is a registered student,

employee, or faculty member of such college or university and the weapon is a

stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile;

14.  The inside of the passenger terminal and sterile area of any airport, provided that

no person shall be prohibited from carrying any legal firearm into the terminal,

which firearm is encased for shipment for purposes of checking such firearm as

baggage to be lawfully transported on any aircraft; or

15. Any place where the carrying of firearms is prohibited by federal law.

Bear in mind that as to the question of schools, there are some fairly complex rules that relate to the type of school, what relation the permit holder has to the school and the exact location that the permit holder wishes to carry the firearm on the school grounds. There are also some nuances to what constitutes a prohibited area in an establishment that serves alcohol. In other words, this is a list designed to provide an overview. If you use it to avoid all of the places on the list than you can rest easy that you are not in violation of the law on this point at least.

The Firearm Blog Posts an Informative Q&A with the ATF on the effects of 41F and NFA Gun Trusts

The Firearm Blog Posts an Informative Q&A with the ATF on the effects of 41F and NFA Gun Trusts

By: Zach McCormick

July 18, 2016

One of my favorite firearms blogs, (The Firearm Blog) has posted a very informative "Q&A" with an ATF NFA Branch Agent that discusses, among other things, what has changed when it comes to how to use trusts to hold NFA items now that the new "41F" rules have gone into effect.

It is definitely worth a read through if you are considering using a trust to lawfully acquire new NFA property. However, the summary of the article is that basically everyone that is named in a trust who can possess trust property must submit fingerprints and photographs in duplicate and they must provide copies of these documents to their chief law enforcement officer. The definition of who constitutes a chief law enforcement officer now includes the State Attorney's Office as well as the Sheriff or Chief of Police in the locality within which the citizen resides. However, it is important to note that these new rules are so new that the various agencies may be unfamiliar with them at first and it may be a good idea to reach out to an employee of the department that the documents are being sent to before sending them to help prevent misunderstandings.

There is also still some confusion as to who exactly has to submit prints because although the new rules specifically exempt 'beneficiaries' from the photo and printing requirement, the definition of a 'responsible person' essentially includes anyone who has a present interest. This could include a "beneficiary" who can enjoy the benefit of the trust prior the death of the settlor and/or trustee. Based upon the responses given by the ATF agent, the likely answer to this question is that everyone has to give their prints and photos. Unfortunately, this will increase the paperwork requirements for the citizen applicant considerably.

At the risk of stating the obvious, the complexity of using a trust to successfully secure a tax stamp has increased (although the benefits of trust are still very much in existence). Therefore, the need to have a properly executed and compiled trust packet is at an all time high. This sentiment is echoed by the ATF agent interviewed by The Firearm Blog as he mentions that getting the documentation right is essentially the only real way to speed up the process of getting the tax stamp back timely. So pay extra attention to compiling the paperwork or else make sure you have a lawyer that knows what they are doing handle the matter for you.

A small bit of good news for those that have completed their NFA collections already is that no further action has been mandated by the ATF to simply maintain a trust that already has tax stamps and NFA property in it.

2016 Law Day Teen Court Excellence Award

2016 Lake County Law Day
May 2, 2016
By: Zach McCormick

On April 29, 2016 the Lake County, Florida Bar Association hosted its annual "Law Day". The theme was centered around the landmark 1966  civil rights case "Miranda v. Arizona" wherein the U.S. Supreme Court, by a 5 to 4 vote, handed down one of the most important decisions in American legal history. Literally one vote was responsible for finally establishing that U.S, citizens have the right to an attorney, to remain silent and that law enforcement must, essentially, explain this fact and others to anyone that they arrest.

2016 Lake County Teen Court Excellence Award Recipient Connor Jenkins flanked by Teen Court Coordinator Stephanie Glass and award sponsor Attorney Zach McCormick

At this year's event, the Lake County Bar handed out several honors, awards and even a $1,000 academic scholarship to worthy recipients. This year, the Law Office of Zach McCormick had the great honor of bestowing the first annual Teen Court Award for Excellence to Ms. Connor Jenkins (pictured center). The award, the first of its type in Lake County, consists both of a special trophy and a $100 appreciation check. The award is intended to provide a small token of gratitude to those that go above and beyond in volunteering their time with the local Lake County Florida, Teen Court program. We here at Zach McCormick, Attorney at Law PLLC plan to continue sponsoring this event well into the future in an effort to help reinforce the value of the program and the efforts of those that run it.

Florida Bans Back-Yard Gun Ranges

Florida Bans Back-Yard Gun Ranges
By: Zach McCormick
February 26, 2016

As of February 24, 2016 it will no longer be be legal to discharge a firearm for recreational purposes in an "area" that is "primarily residential". There are some exceptions but this addition to Florida Statute 730.15 effectively ends what many firearms enthusiasts considered to be a 'golden age' for firearms rights in the Sunshine State.

Here is the precise wording of the new sections of the law:

"Section 1. Subsection (4) is added to section 790.15, Florida Statutes, to read:

790.15 Discharging firearm in public or on residential property.—
(4) Any person who recreationally discharges a firearm outdoors, including target shooting, in an area that the person knows or reasonably should know is primarily residential in nature and that has a residential density of one or more dwelling units per acre, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This subsection does not apply: (a) To a person lawfully defending life or property or performing official duties requiring the discharge of a firearm; (b) If, under the circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property; or (c) To a person who accidentally discharges a firearm. Section 2. This act shall take effect upon becoming a law."

The language in  question appears to have been specifically crafted to thwart the discharge of firearms for purposes of target practice in back-yards. In fact, the November 19, 2015 'analysis' report that came with this new law cites to news articles, primarily out of South Florida, where such concerns were raised. It is worth noting that the law already had provisions that criminalized the actions of individuals who acted in a "reckless and negligent" manner. However, it appears that the legislature was concerned that the wording of the Fla. Stat. 730.15 was not strict enough and that not enough law enforcement officers were enforcing it.

It is reasonable to object to any situation where stray rounds are placing people and property in danger. It is also true that gunshots are loud and almost no one would enjoy having to hear them from the neighboring yard. However, the new language is somewhat vague as to what is legal and a lot of questions are raised. For example, the law says its unlawful to discharge firearms in a primarily residential "area" but it uses ambiguous terms to define that area. Before anyone starts talking about the residential density numbers as being the answer to this question ponder this: Sure, the statute says that recreational firearm discharge cannot occur in an area with more than one dwelling unit per acre but as we all know, communities vary considerably in their size and layout.

So what if a land owner lives in a subdivision and has a one acre lot but there are town houses in the same development that are on a fifth of an acre; is the one acre lot in a primarily residential "area"? What if a landowner with a large tract of land (lets say 10 acres) sets up a range in a safe and responsible manner but a portion of his property abuts a development where there are 5 homes per acre? It would seem that this change will embolden those who seek to deprive their fellow citizens of the use and enjoyment of their 2nd Amendment rights.

The new law has a 'catch-all' exception that exempts actions that would not pose reasonably foreseeable risks to life, safety and property but frankly that language could invalidate the entire "primarily residential" clause. Hence, there seems to be conflicting instruction in this latest version of the statute.

Although there may be some benefits from this new language, it will probably cause a chilling effect on the use of all firearms by responsible Floridians. This is because now, otherwise law abiding people will be in a legal 'grey area' and are vulnerable to prosecution where they were not before. Perhaps this was the intent of the proponents of the bill from the outset.

Whatever the motivations of our lawmakers, any Florida resident who seeks to lawfully operate a firearm should take heed of this profound change to Florida law. For the risk averse, it may be wise to only conduct target practice at a local range.