2A Gun Lawyer: Jeff Young, Shark Coast Podcast#10

Published on August 13, 2024
Duration: 81:14

This podcast episode features Jeff Young, a Florida gun lawyer, discussing various Second Amendment legal topics. Key areas covered include the nuances of brandishing a firearm, the legalities of self-defense scenarios, the complexities of red flag laws, and the requirements for possessing and carrying firearms in Florida. The discussion also touches on home firearm ranges, the intersection of marijuana use and firearm ownership, and the legality of binary triggers.

Quick Summary

In Florida, drawing a firearm is legally permissible if you face imminent fear of death or great bodily harm, or to prevent a forcible felony. However, the justification is evaluated both subjectively (your fear) and objectively (a reasonable person's perception). Drawing without sufficient cause can lead to charges like aggravated assault.

Chapters

  1. 00:00Introduction to Gun Laws and Jail Preparedness
  2. 01:22Jeff Young's Background and Legal Practice
  3. 02:53Second Amendment Law Focus
  4. 06:30Understanding Brandishing and Improper Exhibition
  5. 09:31When You Can Legally Draw Your Firearm
  6. 11:49Subjective vs. Objective Fear in Self-Defense
  7. 13:42Representing Self-Defense Cases
  8. 14:50Likelihood of Arrest After Drawing a Firearm
  9. 17:34Cost of Legal Defense for Firearm Charges
  10. 20:30Case Example: Dropped Charges with Surveillance
  11. 22:31Challenges with Gun Laws and Enforcement
  12. 23:36Evolution of Pro-2A Stance
  13. 24:56Second Amendment Absolutism
  14. 26:49Open Carry Laws in Florida
  15. 30:49Firearm Possession and Carry Eligibility Categories
  16. 34:40Home Gun Range Legality and Negligence
  17. 37:45Discharging Firearm on Residential Property
  18. 41:53Marijuana Use and Firearm Ownership
  19. 43:44Federal vs. State Marijuana Laws
  20. 46:33Legality of Binary and FRT Triggers
  21. 48:43Bump Stock Ban in Florida
  22. 50:02Law Enforcement Access to Tax Stamps
  23. 51:49Advice for Interacting with Police After Arrest
  24. 53:09Importance of Carry Insurance
  25. 55:04Never Talk to Cops After a Shooting
  26. 57:04Firearm Confiscation as Evidence
  27. 58:13Risk Protection Orders (Red Flag Laws)
  28. 58:53Impact of Red Flag Laws on 2nd Amendment Rights
  29. 60:42Winning Red Flag Order Hearings
  30. 61:00Conclusion and Legal Advice

Frequently Asked Questions

What is considered brandishing a firearm in Florida?

In Florida, 'brandishing' is legally termed 'improper exhibition of a firearm.' It's a misdemeanor for displaying a firearm without a proper reason, like waving it around. However, if the display is used to put someone in fear, it can escalate to an aggravated assault charge.

Can you legally draw your firearm in Florida if you feel threatened?

Yes, you can legally draw your firearm in Florida if you are in imminent fear of death or great bodily harm, or to prevent a forcible felony. However, the justification is assessed subjectively and objectively, and drawing without sufficient threat can lead to charges like aggravated assault.

Are binary triggers legal in Florida?

According to Florida gun lawyer Jeff Young, binary triggers are likely illegal in Florida. This is due to the broad definition of 'assault weapon' in state law, which includes devices that accelerate the rate of fire, similar to bump stocks.

What happens to your firearm if it's involved in an incident in Florida?

If your firearm is involved in an incident in Florida, law enforcement will almost always confiscate it as evidence, even if you are not arrested. The firearm will be held until the case is resolved, which can be a lengthy process.

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