Florida Gov. DeSantis recently backed an ‘anti-mob’ proposal in response to protests Nationwide, but it’s been met with some controversy. Constitutional attorney Eric Friday spoke with News4Jax's Vic Micolucci and Scott Johnson on the positives and negatives of the draft legislation.
Florida residents left fighting red flag law without representation
In Collier and Lee counties, 80% of residents named in risk protection orders were fighting to keep their guns under Florida’s red flag law with no lawyer to defend them. In many cases, risk protection order subjects are struggling financially, and can’t afford an attorney. Unfortunately, that often means that someone without even a basic understanding of courtroom procedures is ill-equipped to face trained city or county lawyers.
Stripping someone of a constitutional right without providing them a lawyer is a fundamental denial of one of the most basic premises of American liberty and freedom.
Additionally, Legal experts worry that targets of risk protection orders could jeopardize other pending criminal cases they may be involved in by defending themselves in a risk protection order hearing.
Florida’s red flag law allows police to petition the courts for a removal of gun rights for up to a year from individuals who have been flagged as ‘potentially dangerous’ by a member of the public at large. Because they are civil proceedings, rather than criminal, a public defender is not provided.
Overall, judges have approved approximately 90% of the risk protection orders that Collier and Lee law enforcement officers have sought to date.
Ashley Moody is no Pam Bondi. And that’s a good thing.
Lawrence Mower of the Tampa Bay Times examines the current record of Florida’s new attorney general, Ashley Moody, and confers with lead counsel of Florida Carry, Eric Friday, on the lobbying group’s perspective. Read full article
FloridaCarry challenges FDLE delay
As many as 25,000 people may have been temporarily denied the right to purchase a gun in Florida. Those would-be gun owners haven’t been told no, but have been told the decision is pending and left on hold, often for months at a time.
Florida Carry, Inc., represented by constitutional attorney Eric Friday, has filed suit against Florida Department of Law Enforcement arguing that the states inability to provide a solid ‘yes’ or ‘no’ within 24 hours deprives Florida citizens of their constitutional right to own a gun.
Guns in preschool? Or is that the wrong question?
Eric Friday
Partner, Kingry & Friday
I was recently interviewed by Fox 4 news in Vero Beach, FL regarding a ‘loophole’ they discovered about Florida gun legislation: Florida concealed carry law allows guns in preschools but not secondary or elementary schools.
In it, the reporter describes an incident where Frank Cook entered a preschool while under the influence of cocaine and another unidentified substance, while wearing a gun. Mr. Cook was later charged with resisting arrest, but not for carrying the gun. The State Attorney explained that Mr. Cook was a licensed concealed carry holder, and that state law does not make it illegal to carry while in a preschool or child care facility. That’s correct, but it’s noteworthy that snorting cocaine is illegal, as is possessing or purchasing a firearm if you are a user of illegal substances. Those laws didn’t stop Mr. Cook that day. It’s likely that a restriction on preschool carry would not have done so either. Time and again, research has proven that gun-free zones do not deter crime—they invite it.
The incident above prompted lawmaker Lori Berman to ask why guns were permitted in preschools while restricted in elementary and secondary schools, and to renew a push for legislation restricting licensed firearms from child care facilities.
Like Senator Burman, I would agree that preschoolers are equally worthy of the protections we afford all children. But I would suggest, respectfully, that the she’s asking the wrong question. Instead, she should be asking how we can better protect children in an incident like the one above. The answer?
Law-abiding citizens that can defend themselves and others, freely. A lawfully carried gun and its owner should be welcome in schools. All of them.
Lawmakers file bill to ban AR-15-like weapon used in Orlando massacre
In the wake of mass shootings at the Pulse nightclub in Orlando and the Fort Lauderdale airport, three Florida lawmakers filed legislation to ban “assault rifles”, such as the Sig Sauer MCX semi-automatic, and large capacity magazines.
