Gun Laws In Florida
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Gun Laws In Florida
Gun laws in Florida regulate the sale, possession, and use of firearms and ammunition in the state of Florida in the United States. Summary table State constitutional provisions Article I, Section 8 of the Constitution of Florida states: Right to bear arms.— “(a) The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law. (b) There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun. For the purposes of this section, “purchase” means the transfer of money or other valuable consideration to the retailer, and “handgun” means a firearm capable of being carried and used by one hand, such as a pistol or revolver. Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph. ...
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Map Of USA FL
A map is a symbolic depiction emphasizing relationships between elements of some space, such as objects, regions, or themes. Many maps are static, fixed to paper or some other durable medium, while others are dynamic or interactive. Although most commonly used to depict geography, maps may represent any space, real or fictional, without regard to context or scale, such as in brain mapping, DNA mapping, or computer network topology mapping. The space being mapped may be two dimensional, such as the surface of the earth, three dimensional, such as the interior of the earth, or even more abstract spaces of any dimension, such as arise in modeling phenomena having many independent variables. Although the earliest maps known are of the heavens, geographic maps of territory have a very long tradition and exist from ancient times. The word "map" comes from the , wherein ''mappa'' meant 'napkin' or 'cloth' and ''mundi'' 'the world'. Thus, "map" became a shortened term referring to ...
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Broward County, Florida
Broward County ( , ) is a county in the southeastern part of Florida, located in the Miami metropolitan area. It is Florida's second-most populous county after Miami-Dade County and the 17th-most populous in the United States, with over 1.94 million residents as of the 2020 census. Its county seat and largest city is Fort Lauderdale, which had a population of 182,760 as of 2020. Broward County is one of the three counties that make up the Miami metropolitan area, which was home to 6.14 million people in 2020. It is also one of the most ethnically diverse counties in the entire country. The county has 31 municipalities (including 24 incorporated cities) and many unincorporated areas. It's also Florida's seventh-largest county in terms of land area, with . Broward County's urbanized area occupies 427.8 square miles of land. The largest portion of the county is the Conservation Area that extends to the county's Western border. The conservation area is 796.9 square miles and con ...
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Law Of Florida
The law of Florida consists of several levels, including constitutional, statutory, and regulatory law, as well as case law and local law. The ''Florida Statutes'' form the general statutory law of Florida. Sources The Constitution of Florida is the foremost source of state law. Legislation is enacted by the Florida Legislature, published in the ''Laws of Florida'', and codified in the ''Florida Statutes''. State agencies publish regulations (sometimes called administrative law) in the ''Florida Administrative Register'' (FAR), which are in turn codified in the ''Florida Administrative Code'' (FAC). Florida's legal system is based on common law, which is interpreted by case law through the decisions of the Supreme Court, District Courts of Appeal, and Circuit Courts, which are published in the ''Florida Cases'', ''Southern Reporter'', ''Florida Law Weekly'', and ''Florida Law Weekly Supplement''. Counties and municipalities may also promulgate local ordinances. There are also ...
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Gun Law In The United States
In the United States, access to guns is controlled by law under a number of federal statutes. These laws regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms accessories. They are enforced by state agencies and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In addition to federal gun laws, all state governments and some local governments have their own laws that regulate firearms. The right to keep and bear arms is protected by the Second Amendment to the United States Constitution, although there was a lack of clear federal court rulings defining the right until the U.S. Supreme Court ruled that it protects any individual's right to keep and bear arms unconnected with service in a militia for traditionally lawful purposes, such as self-defense within the home, in '' District of Columbia v. Heller'' (2008). This was followed up by the Supreme Court affirming in ''McDonald ...
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Florida District Courts Of Appeal
The district courts of appeal (DCAs) are the intermediate appellate courts of the Florida state court system. There are currently five DCAs: *The First District Court of Appeal is headquartered in Tallahassee *The Second District Court of Appeal is headquartered in Lakeland and has a branch in Tampa *The Third District Court of Appeal is headquartered in Miami *The Fourth District Court of Appeal is headquartered in West Palm Beach *The Fifth District Court of Appeal is headquartered in Daytona Beach On January 1, 2023, there will be a new Sixth District Court of Appeal. History The district courts of appeal were created by the Florida Legislature in 1957 to provide an intermediate level of appellate review between the trial courts (the county courts and circuit courts) and the Florida Supreme Court. This was done, as in other parts of the United States, to relieve the state supreme court of the pressure of its ever-increasing appellate docket; the lobbying effor ...
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Florida Circuit Courts
The Florida circuit courts are state courts, and are trial courts of original jurisdiction for most controversies. In Florida, the circuit courts are one of four types of courts created by the Florida Constitution (the other three being The Florida Supreme Court, Florida district courts of appeal, and Florida county courts). The circuit courts primarily handle civil cases where the amount in controversy is greater than $30,000, and felony criminal cases, as well as appeals from county courts. Additionally, since circuit courts are constitutional courts as are courts of appeals, state circuit courts operate under the constitutional consideration of that state's constitution that operates under the Constitution of the United States of America. Therefore, Supreme Court justices can be assigned to state circuit courts of appeals and circuit courts where there is a need by the discretion of the Department of Justice and the Attorney General of the federal government. Circuits ...
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Just Compensation
Just compensation is a right enshrined in the Fifth Amendment to the U.S. Constitution (and counterpart state constitutions), which is invoked whenever private property is taken (also in some states damaged) by the government. Usually, the government (condemnor) files an eminent domain action to take private property for "public use.", but when it fails to do so and pay for the taking, the owner may seek compensation in an action called "inverse condemnation." For reasons of expedience, courts have been generally using fair market value as the measure of just compensation, reasoning that this is the amount that a willing seller would accept in a voluntary sales transaction, and therefore it should also be payable in an involuntary one. However, the U.S. Supreme Court has repeatedly acknowledged that "fair market value" as defined by it falls short of what sellers would demand and receive in voluntary transactions.United States v. 50 Acres of Land, 469 U.S. 24 (1984)Olson v. Uni ...
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Regulatory Takings In The United States
In United States constitutional law, a regulatory taking occurs when governmental regulations limit the use of private property to such a degree that the landowner is effectively deprived of all economically reasonable use or value of their property. Under the Fifth Amendment to the United States Constitution governments are required to pay just compensation for such takings. The amendment is incorporated to the states via the Due Process Clause of the Fourteenth Amendment. Regulatory takings jurisprudence has its roots in Justice Oliver Wendell Holmes' opinion in ''Pennsylvania Coal v. Mahon'' (1922) which stated that: "The general rule, at least, is that, if regulation goes too far, it will be recognized as a taking for which compensation must be paid." Modern jurisprudence to determine whether a regulatory taking has occurred centers around the ad hoc factor-based test that the Supreme Court of the United States laid out in '' Penn Central Transp. Co. v. New York City ...
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Class Action
A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class action originated in the United States and is still predominantly a US phenomenon, but Canada, as well as several European countries with civil law, have made changes in recent years to allow consumer organizations to bring claims on behalf of consumers. Description In a typical class action, a plaintiff sues a defendant or a number of defendants on behalf of a group, or class, of absent parties. This differs from a traditional lawsuit, where one party sues another party, and all of the parties are present in court. Although standards differ between states and countries, class actions are most common where the allegations usually involve at least 40 people who the same defendant has injured in the same way. Instead of each damaged person brin ...
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Bump Stock
Bump stocks or bump fire stocks are gun stocks that can be used to assist in bump firing. Bump firing is the act of using the recoil of a semi-automatic firearm to fire ammunition cartridges in rapid succession. The legality of bump stocks in the United States came under question following the 2017 Las Vegas shooting, in which 60 people were killed and 867 people injured. The gunman was found to have fitted them to his weapons. Several states passed legislation restricting ownership of bump stocks following this shooting and the one at Marjory Stoneman Douglas High School 4 months later. The U.S. Justice Department banned them at the federal level in December 2018. Bump fire stocks Bump fire stocks are gun stocks that are specially designed to make bump firing easier, but do not make the firearm automatic. Essentially, bump stocks assist rapid fire by "bumping" the trigger against one's finger (as opposed to one's finger pulling on the trigger), thus allowing the firearm ...
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Second Amendment Sanctuary
Second Amendment sanctuary, also known as a gun sanctuary, refers to states, counties, or localities in the United States that have adopted laws or resolutions to prohibit or impede the enforcement of certain gun control measures which are perceived to violate the Second Amendment, such as universal gun background checks, high capacity magazine bans, assault weapon bans, red flag laws, etc. Although other jurisdictions had previously adopted legislation now characterized as creating Second Amendment sanctuaries, the Carroll County, Maryland Board of Commissioners is thought to be the first body to explicitly use the term "sanctuary" in its resolution on May 22, 2013 and Effingham County, Illinois County Board is thought to have to have popularized the term on April 16, 2018. Examples of the resolutions include the Second Amendment Preservation Ordinance in Oregon and the Second Amendment Protection Act in Kansas. The term "sanctuary" draws its inspiration from the immigrati ...
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Red Flag Law
In the United States, a red flag law is a gun violence prevention law that permits a state court to order the temporary removal of firearms from a person who they believe may present a danger to others or themselves. A judge makes the determination to issue the order based on statements and actions made by the gun owner in question.Barbaro, Michael, host."Tuesday, Feb. 27, 2018."''The Daily'', New York Times. 27 Feb. 2018. ''New York Times''. Refusal to comply with the order is punishable as a criminal offense. After a set time, the guns are returned to the person from whom they were seized unless another court hearing extends the period of confiscation. Orders issued under "red flag" laws, also called risk-based gun removal laws,Reena Kapoor, Elissa Benedek, Richard J. Bonnie, Tanuja Gandhi, Liza Gold, Seth Judd, Debra A. PinalsResource Document on Risk-Based Gun Removal Laws ''Focus: The Journal of Lifelong Learning in Psychiatry'', Vol. 17, Issue 4 (Fall 2019), pp. 443-451, ...
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