Gun Owners Must Take Ownership of More Than Just Guns

We have read about the tragic death of two-year-old Ian Heath Allen, the negligent discharge of a firearm by Luanne Denise Strouse resulting in injury to her left hand, and the negligent discharge of Mr. Florez that sent him to the hospital when he shot himself in the leg.

While we mourn the death of Allen, we are again reminded of the absolute need for gun owners to keep firearms away from children. This is not only the law, but is ground in common sense. This negligence resulted in a baby’s death.

Ms. Strouse and Mr. Florez’s negligence resulted in self-inflicted non-fatal injuries that could have been easily avoided. Her actions remind us that we don’t place a firearm in a condition where a family pet can knock it to the ground, that we don’t handle firearms when we are intoxicated, and we don’t touch the pistols trigger while we are picking up the gun. His actions remind us that we never practice any dry-fire techniques with real ammunition. If you must pull the trigger, use snap caps.

As responsible gun owners, we must keep firearms secured, away from children. This does not mean high up in a closet, it means secured. It means the firearm is locked up and away from a child’s reach. Children are adventurous and curious. They will sneak into their parents’ room and other places where they should not be, and they will route around. Their sense of adventure and curiosity must never result in the discovery of a firearm, loaded or unloaded.

Florida law provides for severe penalties when a gun can be found by a child, but often the State Attorney’s Office does not prosecute these crimes because it is believed that the parent is punished enough by the loss of their child. While I understand this thought process, handling a firearm when intoxicated is also subject to punishment, and a self-inflicted injury to the hand is not sufficient punishment.

We must remember to treat all firearms as if they are loaded. We must always point the firearm (muzzle) in a safe direction when handling the firearm, never aiming or pointing the firearm at anyone or any living thing. We must always keep that firearm in a safe condition and keep it lubricated so that it operates the way it is designed. Never touch the trigger until you are certain that you want to destroy whoever or whatever the gun is pointed at. Always read the firearms safety manual so you have a full understanding of how a firearm operates. And without question, get professional training.
As responsible gun owners we must take ownership of gun safety, for ourselves and those we love and protect. We must take ownership of the incredible responsibility we assume the moment we introduce a firearm into our home. We must take ownership of our training, which goes beyond a simple concealed carry class. We must take ownership of these duties and obligations with the same passion we take ownership of the right to keep and bear arms, and defend ourselves.

A Military Christmas Poem

The embers glowed softly, and in their dim light, I gazed round the room and I cherished the sight. My wife was asleep, her head on my chest, My daughter beside me, angelic in rest.

Outside the snow fell, a blanket of white, Transforming the yard to a winter delight. The sparkling lights in the tree I believe, Completed the magic that was Christmas Eve.

My eyelids were heavy, my breathing was deep, Secure and surrounded by love I would sleep. In perfect contentment, or so it would seem, So I slumbered, perhaps I started to dream.

The sound wasn't loud, and it wasn't too near, But I opened my eyes when it tickled my ear. Perhaps just a cough, I didn't quite know, Then the sure sound of footsteps outside in the snow.

My soul gave a tremble, I struggled to hear, And I crept to the door just to see who was near. Standing out in the cold and the dark of the night, A lone figure stood, his face weary and tight.

A soldier, I puzzled, some twenty years old, Perhaps a Marine, huddled here in the cold. Alone in the dark, he looked up and smiled, Standing watch over me, and my wife and my child.

"What are you doing?" I asked without fear, "Come in this moment, it's freezing out here! Put down your pack, brush the snow from your sleeve, You should be at home on a cold Christmas Eve!" For barely a moment I saw his eyes shift, Away from the cold and the snow blown in drifts. To the window that danced with a warm fire's light Then he sighed and he said "It’s really all right, I'm out here by choice. I'm here every night."

"It's my duty to stand at the front of the line, That separates you from the darkest of times. No one had to ask or beg or implore me, I'm proud to stand here like my fathers before me. My Gramps died at ' Pearl on a day in December," Then he sighed, "That's a Christmas 'Gram always remembers." My dad stood his watch in the jungles of ' Nam ', And now it is my turn and so, here I am. I've not seen my own son in more than a while, But my wife sends me pictures, he's sure got her smile.

Then he bent and he carefully pulled from his bag, The red, white, and blue... an American flag. I can live through the cold and the being alone, Away from my family, my house and my home.

I can stand at my post through the rain and the sleet, I can sleep in a foxhole with little to eat. I can carry the weight of killing another, Or lay down my life with my sister and brother. Who stand at the front against any and all, To ensure for all time that this flag will not fall." "So go back inside," he said, "harbor no fright, Your family is waiting and I'll be all right."

"But isn't there something I can do, at the least, "Give you money," I asked, "or prepare you a feast? It seems all too little for all that you've done, For being away from your wife and your son."

Then his eye welled a tear that held no regret, "Just tell us you love us, and never forget. To fight for our rights back home while we're gone, To stand your own watch, no matter how long. For when we come home, either standing or dead, To know you remember we fought and we bled. Is payment enough, and with that we will trust, That we mattered to you as you mattered to us."

Blame it on the Gun Show

Take a family from Southwest Florida. They decide to spend their morning at a Southwest Florida family attraction. Father decides to carry a Glock.

While the family is enjoying themselves, Father bends over and accidentally introduces his firearm to the other visitors. A manager-type sees this and approaches the man. One report says that Father was asked to secure his firearm in his car and return to enjoy the day with his family. Another report has the manager-type telling Father to leave. In both cases the manager-type is able to describe the Glock, and informs father that there are families with young children around and his display was inappropriate.

Father has already acted in an irresponsible manner by allowing his concealed firearm to be seen, but he is just getting started.

Rather than just listen to the manager-type, Father and Mother “know their rights” (Good Lord), and he refuses to leave. A little while later a Law Enforcement Officer is brought in. Officer Friendly then asks the man if he is armed. Yes. Does Father have the proper credentials? Yes. Did Father allow his firearm to become a public matter? Yes. Hmm.

Officer Friendly asks again that Father leave. Now Father is getting angry. Father tells Officer Friendly that he doesn’t have to leave, and there is nothing Officer Friendly can do. Nice.

(Jingle, jingle, clink) [That’s the sound of hand cuffs. We’re big on sound effects here.]

Father is arrested, booked and charged.

Seems Father is now telling Officer Friendly, and anyone else that will listen to him, that he wasn’t aware of the law. He took his class at the gun show, and the instructor never said anything. Right.

Hillsborough County Ordinance 08-17 & Concealed Carry

Hillsborough County responds.

No Planes, No Trains, Just Automobiles – and Just Handguns

Okay, not really just automobiles, vans and boats too. Planes and trains will be addressed later.

I hear it all the time, "I can keep a concealed handgun in my car without a permit?" Heck yes. Your conveyance is considered an extension of your home. You don’t need a License to Carry a Concealed Weapon or Firearm there either.

I get a kick about just how many people don’t understand this law. It really isn’t complicated. To make life simple, I’m going to use the term “car”, but if you have a truck, van, boat, or motorcycle, this means you too. All of these are considered “private conveyances”. A bicycle doesn’t count.

If you don’t have a License to Carry a Concealed Weapon or Firearm, you should go get one. In the meantime, you are allowed to travel with a loaded firearm in your car if you keep it securely encased. You are allowed to keep it in a glove box or center console if the lid closes and stays closed on its own with a latch. It doesn’t need to lock (unless you have kids).

You can keep the firearm under your seat if you keep it in a holster with a thumb-snap, which is a personal favorite. You can keep it in a briefcase, purse, or anything similar. A garment bag or paper bag doesn’t qualify since you can still shoot the firearm without opening the bag. The law wants you to first remove, or at least open the bag and THEN discharge it. A shoebox may qualify, but that’s stupid. There are other options as well, but we can play that game for hours.

Use a bag or container that stays closed using a zipper (gun bag), Velcro (gun bag), flap with a clasp (holster), As always, I recommend you spend a few bucks and get something of decent quality and designed to hold a gun, although a purse or briefcase are both fine. If something happens, you want to be perceived as a firearms professional and they don’t use old Buster Brown shoe boxes, do they? Remember that just because something is legal doesn't make it a good idea.

Now without exaggeration I hear about the three-step rule at least once a week, and it still makes me laugh. It comes up regularly in my lectures or when talking to a client. People even seem surprised when I explain the law directly to them. Even my own bankruptcy paralegal didn’t know the rule and he works for me! Maybe I should rethink that hire. Anyway, I digress….

The three step rule, which is a load of crap, is that the gun can be kept anywhere providing you need to conduct three separate steps in order to get to the gun. Nonsense. Maybe we can also go to the replay booth to see if you also made a “football move” once you secured the gun. This law reminds me of the Skunk Ape. People talk about it all the time, but no one has ever really seen it first hand. I don’t know who started this three-step rule foolishness, but we need to forget it. If the gun is securely encased, you are good to go.

I really appreciate the idea of securing a holster to the left wall of a center console. The firearm slides in nicely and stays put, then the lid closes. When needed, it mimics a strong-side draw. There is uniformity in training when you practice, and this assists in muscle memory. It is important to practice your draw regularly. "You will not rise to the occasion, you will default to your level of training." Put some snap caps into the firearm and practice drawing from the console, or the glove box, or wherever you keep it.

If the secure case is not secure itself, you may find yourself adding a step as you remove the casing from the firearm. Where you keep your firearm is important. Think this through some. You pull up to a red light. Your gun is in your glove box. You reach for the gun, your right foot slips off the brake, you move forward.

Now if you have kids, they can’t be left in the car on their own unless the lid locks – and locks well because we NEVER leave kids alone anywhere they can get to a firearm. Once the gun is ready to be securely encased, it can be loaded and secured, and you are good to go.

One common error is made when an otherwise responsible, thinking, professional keeps their firearm in their purse, man bag, tactical bag, briefcase, or fanny pack. They get pulled over and forget that they can’t have the gun outside of their conveyance, loaded and concealed, without a License to carry a Concealed Weapon or Firearm. Oops. Leave it in the car if you get pulled over and you are asked to get out. This also means that while you are in your car, you cannot wear the gun in any manner at all.

Another common error that can result in custom ventilation by the police officer that pulls you over is if you forget that it is stupid to keep your firearm in the same place that you keep your registration and proof of insurance. Imagine Officer Friendly coming up to your car. It’s dark. He asks for your license, registration and insurance. You reach over into your glove box, flip the latch, the little light comes on and out slides a gun. You are now looking down the business end of a service weapon, and for good reason. Firearms professionals don’t make these kinds of errors. They are always aware of where their weapons are.

Now this leads us to the inevitable question, which once answered will end this chapter. Do I tell the officer that I have a gun in the car when he approaches? If Officer Friendly asks, by law you MUST tell the truth and let the officer know you have a gun. This being said, whether or not you should tell the officer you are armed in advance of being asked is a choice only you can make. Unless the officer asks, you have no legal obligation to disclose the information.

For years I’ve advised people to do what I did (note “did” is in the past tense), which was to have both hands on the steeling wheel with my Driver’s License, License to Carry a Concealed Weapon or Firearm, registration and proof of insurance in my left hand. Window open and once Officer Friendly came up to me, I told her that I have a License to Carry a Concealed Weapon or Firearm, a concealed firearm, and where it was.

A recent event with a poorly trained Officer Friendly put a prompt to that practice. To recap, if you wish to disclose the information upfront, that is your call. If you only want to disclose it is Officer Friendly asks, that is fine. Remember that if Officer Friendly does ask, you must tell the truth. As an aside, if the conversation isn’t going well, or it appears that Officer Friendly does not know what the law is, ask for a Supervisor.

Once the police officer learns you have a gun, he will likely ask you to step out of the car so he can get it himself. He will ask for the location of the firearm, and you will tell him. He should take the firearm to his patrol car, and secure it inside. If he unloads the firearm and sets the weapon and ammunition on the hood of his car, ask for a supervisor. Once his business with you is done, he should return the unloaded, open, firearm to you. He will walk away and then return with your ammunition. You are now free to leave.

Remember that most police officers in Florida receive only six months training. They may have been getting coffee when the chapter on guns in cars came up. Police Officers are not attorneys and are no more qualified to give you legal advice than your barber. They may not know the law themselves, so when you think you are correct and the police officer is mistaken, ask her to call for a supervisor. This request must be accommodated. It may take time, but I think it’s worth the wait.

Two more political subdivisions agree, and the law is being altered to accomodate the state statute. This helps prevent confusion by the public and law enforcement.

A Brief Inquiry into the Nature of a Self-Defense Case, Part II

A Self-Defense case occurs when the party that would otherwise be a victim, possibly dead and most certainly hurt is now the defendant due to the actions of Self-defense.

The man that signed the complaint is the scumbag attacker that wanted to rob, rape, injure, or kill the defendant. Had the scumbag attacker succeeded in his plans, he would have been the defendant assuming he was ever caught.

In these cases, the defendant is the good girl and the complainant is the bad guy. The State Attorney’s Office will do it’s best to show the defendant as the bad girl.

Since I am not a criminal defense attorney, I prefer to refer to the defendant as the “victim” or “surviving victim”. I use these terms interchangeably as they may best fit into this inquiry.

Because it is the responsibility of the victim to provide the court with evidence on each element of Self-Defense, it is imperative that her attorney provide this evidence in its proper light and be prepared to write proper jury instructions. This is very time consuming.

Assuming deadly force was employed by the victim, her attorney must be able to show that a reasonable person, in the same circumstances, would have believed that there was an immediate threat of death or imminent bodily injury. Here it is important to remind everyone that use of a firearm does not require discharge. One can “use” their gun to persuade the scumbag attacker to retreat and find a softer target without every firing a shot.

Our courts have recently reminded us that the victim did not have to experience fear, but only that a reasonable person would have believed that there was an immediate threat of death or imminent bodily injury. In fact, the victim could have just cleaned and lubricated her gun, left a self-defense class, and completed a half hours worth of dry-fire training. Scumbag attacker makes his move; the victim in turn is at the top of her game and reacts appropriately. Fear may never have entered her mind, but that is a non-issue.

Florida law does provide for immunity from prosecution when self-defense is employed. Sadly, many of our courts don’t understand what this means. It is the responsibility of the state to prove its case “beyond a reasonable doubt”. However, the standard used in a hearing to determine whether self-defense immunity attaches is only “by a preponderance of the evidence”. If you are interested in the difference between the two, look it up, that is beyond the scope of this inquiry.

So we now know that the evidentiary hearing to determine whether or not self-defense was employed can trigger immunity, which in turn will end a criminal or civil case. Important stuff, yes? This is why it is so important that before the victim was attacked, she had a heightened sense of situational awareness. She knew who was around her, what was around her. After the shooting she was able to give law enforcement some important information about who may have witnessed the failed attack; and she can tell her attorney that a Fed-Ex truck was across the street, and the local hardware store was closing. She knows where her empty cartridges landed, and can help establish that when law enforcement hit the scene, it is probably that they unknowingly disrupted the crime scene.

Scumbag attacker’s gun is gone, but so is the blue Ford pickup that sped away soon after scumbag attacker yelled something. Since we know that scumbag attacker fired a shot, the police must have tested for residue. Our victim will be able to show that she didn’t accelerate the condition by inserting her two-cents into an argument between a couple in the parking lot, and therefore lending question as to whether or not she may have acted as an aggressor herself.

Our team of good guys will be able to reconstruct the crime scene to show that due to the distance between the rapidly approaching, and armed attacker, if the victim had waited another ½ second to engage, she would have been severely injured or dead. Due to the disparity of the scumbag attacker and the surviving victim, she used an appropriate amount of force and did not employ excessive force. Her expert witnesses will testify that her actions were appropriate, and why she was trained in this manner.

While our victim was armed, she was not armed because she knew that this confrontation was going to happen. She would not have avoided going to this part of town if she couldn’t find her gun. She is able to provide testimony that her behavior prior to the attack was identical to her behavior the week prior if this was a routine errand. If her gun is usually carried without a round in the chamber, there was no difference this day.

If the court determines she acted in Self-Defense, immunity will attach and this nightmare ends. If not, she must determine if she will appeal or move onto trial.