| Read Time: 2 minutes | Gun Laws

Florida Police Have Confiscated Thousands of Guns

In response to multiple mass shootings across the country, many states have enacted red flag gun laws. Red flag gun laws allow specific individuals to petition the court to remove a family member or roommate’s legally owned guns or other weapons. Red flag gun laws are intended to prevent people with mental disorders or violent instincts from accessing weapons to commit a crime.  If you have been charged with a violent crime in Orlando, Moses & Rooth Attorneys at Law can help. Our attorneys have extensive experience successfully representing clients, and we can do the same for you. Contact our Orlando criminal defense law firm today to schedule your free initial consultation.   Florida’s Red Flag Gun Law  The Florida legislature passed its own red flag gun law after the Parkland high school shooting that took place in 2018. The red flag gun law allows specific individuals to petition the court for risk protection orders. A judge will evaluate whether the defendant is a safety risk to him or herself or others. If so, the judge will order law enforcement officers to confiscate the at-risk individual’s guns.  Thousands of Florida Residents Have Been Ordered to Surrender Their Firearms According to the Tampa Bay Times, since Florida enacted its red flag gun law, Florida courts have ordered 2,654 residents to surrender their guns and ammunition. These individuals are also prohibited from purchasing or owning a firearm for up to a year. The exact number of confiscated guns is not yet known to the public. Some gun owners only hold one weapon while others, like a man from Pinellas, turn in as 57 weapons. Florida police officers may have seized as many as 18,000 firearms so far.  Concerns Regarding Florida’s Red Flag Gun Law Since the enactment of the law, Florida judges have ordered the confiscation of a resident’s weapons an average of five times a day. To issue the risk protection order, a judge must determine that clear and convincing evidence that the individual is a danger to him or herself or others exists. There is some concern that disgruntled ex-spouses or partners could call and falsely report another person’s dangerous behavior.  What Happens to a Weapon that the Police Confiscate? Typically, police officers hold confiscated weapons in a vault until the time comes to return them. In some instances, an individual can transfer gun ownership to a family member, friend, or anyone else who is willing to hold them who undergo a background check.  Can I Take an Attorney to My Hearing? Yes, we recommend working with a skilled attorney during your hearing. At Moses & Rooth Attorneys at Law, our attorneys have the skills and experience needed to represent you at a temporary risk order protection hearing assertively. We will advocate on your behalf and cross-examine any witnesses against you. Schedule your free initial consultation by contacting our Orlando criminal defense law firm today. Call 407-377-0150.

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| Read Time: 2 minutes | Firearm Crimes

Florida Residents Push for Stricter Gun Law

Florida gun control advocates are pushing local legislatures to ban semiautomatic rifles with high-capacity magazines. Passing a ban on semiautomatic rifles is an ambitious plan, especially in a Republican-controlled state senate. Survivors and relatives of those killed in the 2016 Pulse nightclub shooting in Orlando and victims of the 2018 Parkland High School shooting are advocating for the political movement. Gun control advocates will seek to propose an amendment to the Florida constitution on the 2020 ballot.  Ban Assault Weapons Now is Behind Proposed Amendment Proponents of the semi-automatic weapon ban have formed a political committee called Ban Assault Weapons Now. The group has some bipartisan support. Al Hoffman, a Republican donor has already contributed $260,000 to the campaign. The group needs to gather the required amount of signatures to propose an amendment to the Florida constitution on the 2020 ballot. If the committee does acquire an adequate amount of signatures, the Florida Supreme Court must approve the language of the ballot proposition. The Ban Assault Weapons Now committee contends that many of the United States’ deadliest mass shooters have used semi automatic rifles. The Parkland shooter and the Las Vegas shooter, who killed 58 people, both used semi automatic rifles in their attacks.  Opponents of the Proposed Constitutional Amendment The National Rifle Association (NRA) is opposed to the proposed amendment. One of the NRA’s most powerful lobbyists, Marion Hammer, lives in Florida. Further, Florida law has always been comparatively lax when it comes to gun restrictions. Some Florida Republicans are also opposed to outlawing semi automatic rifles. Republican Representative James Grant stated that the proposed amendment’s language is so broad that it could outlaw sporting guns in Florida.  What Types of Weapons Would the Proposed Amendment Ban? The Ban Assault Weapons Now committee is seeking to ban sales of all new semiautomatic rifles and shotguns that are capable of holding over 10 rounds of ammunition in a detached or fixed magazine. The language of the proposed ban would target AR-15s and AK-46s. Most of these two kinds of popular rifles come with 30 round magazines. Some of the mass killers used semi automatic rifles with 100-round magazines. Does the Committee Have the Support of the Voters? The committee has only collected 106,000 signatures so far and needs a total of 766,000. A recent poll found that 59% of Florida voters supported a ban on assault weapons. Under Florida law, a constitutional amendment requires 60% voter support in order to pass. If You are Facing a Gun-Related Criminal Charge in Florida, We can Help If you are facing a gun-related criminal charge in Orlando, we can help. At Moses & Rooth Attorneys at Law, we have successfully defended many clients in guns or weapons-related charges. We know how to assertively defend our clients throughout the entire legal process. Contact our Orlando criminal defense law firm today to schedule your initial consultation.

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| Read Time: 2 minutes | Firearm Crimes

Florida Law Enforcement Officers Attempt to Preemptively Find Potential Mass Shooters

The devastating mass shootings that have occurred across the United States have spurred citizens to unite and urge their lawmakers to find solutions. Gun reform activists are using their collective voice to push for tougher gun laws.  National retailers are taking steps and banning certain sales of guns and ammo. Several states are promoting legislation that creates more restrictions on the purchase of guns. In addition, law enforcement officers in Florida are also trying to combat mass shootings.  They have come up with an idea – but the question is – at what cost? Law enforcement officers in Florida want to try to predict mass shooters before they act to commit their attacks. Police arrested a Florida teenager after he allegedly posted an online comment that he would use his father’s gun to kill people at his school. How Will the Police Attempt to Identify Potential Mass Shooters? Florida law enforcement agencies will train law enforcement officials to predict mass shooters before they take action. Agencies are attempting to create a statewide alert system that recognizes potential threats. In order for the system to work medical providers, the public, local governments, and police all would share information. A law enforcement official recently requested $24 million over a five year period to upgrade the agency’s record system. He also requested an extra $3.6 million for additional software and to hire more crime analysts. Potential Problems With the Proposed Alert System Senator Janet Cruz of Tampa recently stated that the panel is nothing more than an excuse to spend tens of thousands of dollars. She also expressed concerns that the program could lead to racial profiling. Others argue that the program will ultimately infringe on the rights of innocent Florida residents in its attempt to identify potential criminal defendants. Some have compared the program to the “see something, say something” campaign after the September 11th attacks. The program could lead people to falsely report their neighbors. Critics argue that creating and maintaining lists of potential terrorist suspects could be used to unlawfully profile citizens who are residents, violating their right to privacy. Could the New Program Work? Proponents of the new system state that the program could have stopped the Florida man who shot six women, killing two of them at a yoga studio in Tallahassee two years ago. The shooter had been fired from jobs as a substitute teacher. Others had accused the man of hating women. He planned the attack several months in advance and purchased a weapon and 100 rounds.  In this case, police would have likely learned about him, proponents of the system say. It is unclear how exactly the program would have stopped him. Perhaps reports of him being fired would have triggered a red flag warning.  Would the system catch the Las Vegas shooter? He did not interact with the police at all and had no other apparent red flags. He did purchase a large amount of military-style rifles and at least 6,000 rounds of ammunition. State law prohibits state agencies from maintaining a list of residents who legally own firearms. We can Help If you have been accused of a crime in Florida, Moses & Rooth Attorneys at Law can help. We have successfully represented many clients in  Orlando criminal defense cases. Contact our law firm today to schedule your free initial consultation.

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| Read Time: 2 minutes | Firearm Crimes

Self-Defense and Florida’s “Stand Your Ground” Law

A recent Florida manslaughter trial received national attention when a jury convicted a licensed gun owner of manslaughter for killing another man in a Clearwater parking lot.  The case involved Florida’s “Stand Your Ground” law, which makes it legally justified for a person who is in fear for his or her life to use deadly force to stop an attack.    Orlando Self-Defense Attorneys If you are facing a murder or assault related charge, you may have a valid claim to self-defense. At Moses & Rooth Attorneys at Law, our criminal defense attorneys have successfully represented clients who have faced a wide variety of criminal charges.  If you would like to discuss your case with experienced, skilled attorneys, contact our office to schedule a free initial consultation. We will evaluate your case and discuss possible defense strategies, including self-defense or the stand your ground law, if necessary. Florida’s Stand Your Ground Law In 2005 the Florida Legislature enacted Florida Statute 776.012 which has been popularly known as “Stand Your Ground.”  This new law widens the scope of self-defense. The law provides a person the right to use lethal force to defend themselves against threats without imposing a duty to retreat. In some states, a person cannot shoot an aggressor with the intent to kill without first attempting to retreat or flee from the danger.  Under the stand your ground law, a person does not need to attempt to retreat the altercation. Instead, he or she can shoot the aggressor without attempting to retreat when a reasonable person would believe he or she was in danger of great bodily harm or death in similar circumstances.  The jury in the trial mentioned above convicted the defendant of manslaughter, despite the defendant claiming the stand your ground defense. The defendant and the deceased person argued over a disabled parking spot. The deceased person shoved the defendant to the ground.  Seconds later, the defendant pulled out his handgun and shot the other man as he turned away from the defendant. The jury found that a reasonable person would not have believed he was in imminent threat of bodily harm or death in that situation.  Florida law categorizes manslaughter charges into the following three categories: Manslaughter by act or voluntary manslaughter involves committing an intentional act that was not justified or excusable that resulted in another person’s death. Manslaughter by procurement occurs when the defendant induced, persuaded, or encouraged someone else to kill another person. Manslaughter by culpable negligence occurs when the defendant engages in culpably negligent conduct that causes another person’s death. If You are Facing a Criminal Charge in Florida, We can Help Facing manslaughter, assault, or gun-based charge is serious. Our experienced Orlando criminal defense attorneys can skillfully advocate on your behalf. If you were involved in an altercation during the event that resulted in the alleged crime, you may have valid self-defense or stand your ground defenses. Contact our law office today to set up your initial consultation.

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| Read Time: 2 minutes | Criminal Defense

Florida Man Faces Aggravated Battery Charges After Firing Shots

A 25-year-old man from Cocoa recently fired gunshots into the air near his girlfriend as he sat in a car driven by his mother. Prosecutors charged the suspect with multiple gun-related charges. The punishment for Florida gun-related convictions can be serious. If you are facing a gun-related charge in the Orlando, Florida area, Moses & Rooth Attorneys at Law can help. We aggressively represent our clients throughout the criminal defense process. To schedule your free initial consultation, contact our Orlando, Florida, law office today.  In the incident mentioned above, the defendant’s mother picked her son and a friend up and took them to the defendant’s girlfriend’s apartment. The mother did not anticipate what would happen next. The man got out of the car and confronted his girlfriend. According to witnesses, he pointed a gun at his girlfriend’s head then verbally threatened to kill her. He then allegedly fired off several rounds of ammunition out of the window of the car. Prosecutors have charged the defendant with aggravated battery with a deadly firearm. Aggravated Battery with a Deadly Firearm Florida criminal law states that aggravated battery occurs when a defendant intentionally strikes or touches another person and, in doing so, does one of the following: Knowingly or intentionally causing great bodily harm, permanent disfigurement, or permanent disability, or  Using a deadly weapon, or Battering a person who the defendant knew or should have known was pregnant  Penalties for aggravated battery increase substantially in Florida when the incident involves the discharge or possession of a firearm. When the offense includes discharge of a firearm, judges must impose the following minimum sentences: When the defendant possesses a firearm during the incident, the judge must impose a jail sentence of at least 10 years If the defendant possessed a semiautomatic firearm or a machine gun, the judge must impose a jail sentence of at least 15 years  If the defendant discharges a firearm during the incident, the judge must impose a jail sentence of at least 20 years If the discharge of the firearm causes great bodily harm or death, the judge must impose a jail sentence of at least 25 years The Importance of a Defense Attorney Facing an aggravated assault charge is serious enough. However, if firearms are involved, the mandatory minimum sentencing guidelines are incredibly serious. At Moses & Rooth Attorneys at Law, our attorneys are skilled at aggressively defending our clients. Common defenses to aggravated battery charges include the following:  Self-defense Stand your ground doctrine Defense of others, or  Lack of intent to strike or touch.  If you are facing a charge of aggravated assault with a deadly firearm, you need a skilled criminal defense attorney. The penalties for an aggravated battery charge serious and could include a minimum 25-year jail sentence. Contact the Orlando criminal defense attorneys at Moses & Rooth Attorneys at Law to schedule your free initial consultation today.

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| Read Time: 2 minutes | Burglary

The Criminal Trial of a Notorious Florida Burglar has Begun

One of three Immokalee men will face charges stemming from a stretch of Florida home burglaries. The group became known as the “Ninja Robbers” and allegedly participated in burglaries from December 2013 to 2014. The dubbed “Ninja Robbers” dressed like ninjas by wearing all black and would break into houses all throughout the State of Florida. One of the defendants faces several charges, including kidnapping with the intent to commit a felony and robbery with a firearm or deadly weapon. Florida law defines burglary as entering the home of another person with the intent to commit an offense. The Criminal Trial of One of the Ninja Robbers is Underway Two of the three men known to the public as the “Ninja Robbers” recently pled guilty to 34 different Florida criminal charges. The Florida judge presiding over the case ordered lengthy prison sentences of 45 years to each defendant.  The men dressed in all black wearing masks entered Florida homes through unlocked doors and proceeded to hold the occupants at gunpoint. They used zip ties and duct tape to restrain them in some instances. The criminal charges to which they pled guilty include the following: Kidnapping with intent to commit a felony Carjacking with a firearm Dealing in stolen property Aggravated battery causing great bodily harm Home invasion robbery with a firearm Conspiracy to commit racketeering Racketeering The remaining man who rejected a plea deal will now face trial. A jury panel of six jurors and four alternate jurors will form, chosen out of a pool of 150 potential jurors. Finding jurors who have not seen any new articles, blog posts, photos, or heard any news about the “Ninja Robbers” will be difficult.   Fighting a Florida Burglary With a Firearm or Deadly Weapon Charge The crime of burglary in Florida requires someone to enter a dwelling, usually someone’s home or other dwelling structure, without permission and with intent to commit an offense. Entering a dwelling legally and remaining there without permission with the intent to commit an offense also constitutes burglary in Florida law.  Florida Burglary in the First Degree Charges First degree burglary is the most severe type of burglary crime. To commit burglary in the first degree, the offender must commit a burglary along with other aggravating factors. The suspect must enter a dwelling without permission with the intent to commit an offense, and also do one of the following: Enter with explosives or a dangerous weapon or weapons,  Commit an assault or battery upon another person, or Enter the structure using a motor vehicle as an instrument in committing the offense or causes damage to the property above $1,000. If You are Facing a Burglary Charge, We can Help Are you facing a Florida robbery or burglary charge? If so, Moses & Rooth Attorneys at Law can help. Our skilled Orlando criminal defense attorneys have helped many clients secure dismissals and receive not guilty verdicts. Burglary is a serious charge in Florida, especially if the defendant used a firearm or deadly weapon in the process. Hiring a skilled Orlando burglary defense attorney is wise. Contact our law firm today to schedule your free initial consultation.

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| Read Time: < 1 minute | Firearm Crimes

Don’t Carry that Firearm at the Orlando Airport

For decades, law enforcement officials have been seizing firearms at the Orlando International Airport. Fortunately, these isolated cases were most likely related to individuals who simply forgot to remove the personal weapons from their carry-on luggage before entering the airport and passing through TSA screening. Even though it may have been an innocent mistake, law enforcement has a zero tolerance policy regarding the entering of dangerous weapons into the airport. This means you will be arrested even though you are in a rush to catch a flight. If you are one of these individuals – who has forgotten about the weapon(s) in their luggage and passed through TSA security and gotten arrested – you will need the help of a qualified criminal defense lawyer. Immediately stating that it was a mistake will not make the potential criminal charges and/or penalties go away. Law enforcement has a number of different ways to proceed with criminal charges. The State Attorney’s office can file a felony charge under Florida Statutes §790.12(2) Carrying a concealed firearm or misdemeanor Florida Statutes §790.06(12) Carry a concealed Weapon into an airport. Another option is for the City Attorney’s office to file a city ordinance complaint for unlawful possession of a dangerous weapon at the airport. Furthermore, the Transportation Security Administration (TSA) will issue either a civil warning or notice of civil penalty for carrying the firearm into the airport. The State of Florida considers the entire airport terminal “off limits” to carry a firearm even for license holders. Since the most recent increase in weapons seizures, the Orlando International Airport has considered posting larger signs in the parking areas to remind passengers to leave the weapons behind – and for good reason.

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| Read Time: 2 minutes | Firearm Crimes

Final Victim of Colorado Movie Shooting Discharged From Hospital

The last patient still being hospitalized after being injured during the horrific Colorado movie theater shooting in July was finally discharged from the hospital earlier this week, according to a statement released by the University of Colorado Hospital. The patient, a comedian by profession, was one of the 58 people injured during the movie theater mass shooting that also left 12 dead. Per the hospital’s statement, the patient will be sent to long-term care center following his hospital stay. Conceal & Carry in Florida It can hardly be disputed that this terrible event has stirred the emotions of the nation, including those here in Florida. While many feel this incident illustrates the need for tighter gun control, many others believe this shooting is further proof that people should be able to carry guns for self defense – the idea being that if someone in the theater had a gun that tragic night they would have been able to stop the gunman, and thus save lives. Here in Florida, many residents believe their right to carry a gun is one of their most fundamental rights. However, those not previously licensed to carry a concealed gun in Florida need to avoid the kneejerk reaction of simply starting to carry a gun without first obtaining proper licensing and training. If you decide to conceal and carry a firearm in Florida without a license, you run the risk of not only facing a penalty for carrying the gun, but you may disqualify yourself from ever being eligible for a conceal and carry permit sometime in the future. Our firm often handles situations in which people are charged with crimes stemming from their carrying of a concealed gun. If you would like to learn more about our criminal law practice, please feel free to visit our Orlando Concealed Weapons Charges Defense page.

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