Firearms Lawyer Blog

A widely reported news item about stun guns caught the eye of our West Palm Beach firearms criminal defense lawyers. According to the May 17 Daytona Beach News-Journal, two women in that city were arrested after they allegedly threatened a fast-food employee with a stun gun. Melanese Asia Reid, 20, and Katrina Bryant, 23, got into an argument with a drive-through employee at the fast-food chain Wendy’s. The altercation became physical, and Reid ended up chasing the employee around as Bryant cheered. The employee was never hit, but Reid is charged with aggravated assault with a deadly weapon, and Bryant is charged as a first-degree principal to that crime.

According to the News-Journal, Reid and Bryant went through the Wendy’s drive-through at around 10 a.m. They got into an argument with the employee at the window, who said Reid tried to slap him. He said he deflected the blow; the women said he grabbed one of their arms. Either way, the altercation inspired the women to get out of the car and come inside the restaurant with a small pink stun gun. Reid is accused of then trying to stun the employee, and Bryant is accused of encouraging her. The employee managed to avoid being hit until the manager announced that she was calling the police, causing the women to leave. The pair was found because Bryant later called the restaurant to complain about the service.

What interests our Fort Lauderdale gun crimes criminal defense attorneys is the charge the women face: aggravated assault with a deadly weapon. We are not sure this charge will stand up, because it’s not clear that a stun gun actually is a deadly weapon. In fact, Tasers are used by police officers specifically because they are not supposed to be deadly (although there is widespread debate about whether this is true). Florida law defines aggravated assault as an assault -- a threat to do violence and ability to carry it out -- with a deadly weapon, but without intent to kill. In order to convict Reid and Bryant of aggravated assault, that is, prosecutors would have to show that the pink stun gun was deadly. If they cannot do that, they may lose their trial, or be forced to drop the charge down to assault. This would mean the women would face up to 60 days in jail, rather than up to five years in prison -- a major difference.

Continue reading "Daytona Beach Women Arrested for Threatening Fast Food Employee with Stun Gun" »

As Miami firearms crimes defense attorneys, we were sorry to see a report about a Welsh immigrant family that lost its son in an apparent robbery. According to May 23’s Wales On Sunday, the Daniel family of Tampa is planning to push for changes to Florida gun laws after the death of son Michael, 19, in a burglary. The Daniel family immigrated from Aberystwyth, Wales, Britain, 17 years ago. One night in April, Michael opened his door in a gated apartment complex in the Tampa area. The person on the other side was Michael Crossno, who fatally shot Michael Daniel. Crossno had been in jail weeks before for carrying a concealed weapon without a permit, but had been released on $2,000 bail. Paul Daniel, Michael Daniel’s father, said he was upset that Crossno was free, and planned to sue the judge who set such a low bail.

Michael Daniel was watching a movie with his live-in girlfriend, Samantha, and their friend Kyle when a knock came at the door. Samantha looked through a peephole and didn’t recognize the person. Knowing that the complex had seen a series of burglaries, they decided not to answer. But the man left and returned with another man, and kept knocking. Michael loaded a shotgun he used for skeet shooting and asked Kyle to aim it, then answered the door. Crossno immediately shot him through the neck. Kyle shot at Crossno and the other man, wounding Crossno badly enough to send him to the hospital in critical condition. If found guilty on all charges, Crossno faces up to 20 years in prison. Paul Daniel told the newspaper he’d like to eliminate the “gray areas” that give judges authority to decide how much bail to require.

Our West Palm Beach gun crimes criminal defense lawyers understand that the Daniel family are victims of a terrible, senseless tragedy. Even so, we think taking away judges’ ability to use their judgment in bail matters is a bad idea. We don’t know enough facts to say whether the judge in Crossno’s concealed weapon case made a bad call, but we do know that carrying a concealed weapon without a permit is penalized by anything from probation up to five years in prison. This gives judges wide latitude, allowing them to tailor the sentence to fit the crime. Similarly, giving judges a chance to set bail allows them to use their professional judgment about whether the person is a danger to society. For example, a person with a criminal history and evidence of bad intentions is likely to get much higher bail than someone with no criminal history who simply allowed a CCW permit to expire.

Continue reading "Family Threatens Lawsuit Over Release of Man Charged With Concealed Carry Crime" »

An article about a man who used his legal firearm to stop a crime caught the eyes of our West Palm Beach firearms crimes criminal defense attorneys. According to a May 14 article in the St. Petersburg Times, Preston Taylor, 35, scared off an intended home invasion robber the day before using his legal firearm. The robber, who got away, was armed with a knife when he knocked on Taylor’s door and announced that he was going to rob the home. Despite receiving a minor stab wound to the hand, Taylor retrieved his handgun and fired several times at the invader. Tampa police are asking for help finding the suspect, described as a young-sounding black man with light eyes, about 5’8” with a thin build.

Taylor and his wife had just said goodbye to a guest about five minutes earlier when a knock came at the door. Taylor answered it, thinking the guest had returned. Instead, he saw a man dressed all in black, with a black cloth wrapped around his head, and armed with a silver kitchen knife. The man said he was going to rob Taylor. Taylor managed to shut the door on the man, but not before sustaining a knife wound to his hand. Once the door was shut, the would-be invader started breaking a window next to the door, prompting Taylor to run for his handgun. He fired several shots at the man, who fled north down an alley and got into a car. Police said the car was a black four-door Honda from the late 1990s, with a loud muffler and possibly a lowered suspension. Tampa police would welcome anonymous online tips on the suspect.

This is exactly the sort of situation that makes legal firearms a necessity. Rather than waiting untold minutes for the police, Taylor was able to take the situation in hand and protect his family because he had a firearm and understood how to use it. As Miami-Dade gun crimes criminal defense lawyers, we’re very glad law-abiding people like him still have the right to use their weapons. Florida law makes it very clear that Taylor and people like him will not be charged with a crime, thanks in part to the “castle doctrine,” now expanded thanks to the state’s “stand your ground law.” In essence, Florida residents who are the victims of home invasions like this are permitted to use deadly force if they believe they or others are endangered by the invader. There is no duty to leave the home rather than shoot, and now, there is no duty to retreat on the street.

Continue reading "Tampa Man Shoots Would-Be Home Invasion Robber Armed With Knife " »

An article about a possible wrongful arrest on gun charges caught the attention of our West Palm Beach firearms criminal defense attorneys. Tampa’s News Channel 8 reported April 9 that Mark Anthony Rattenni of Palm Harbor was arrested by Pinellas County sheriff’s deputies April 7 for possession of a firearm by a convicted felon. However, Rattenni says he doesn’t have a felony conviction for the crimes in question, assault and forgery charges that were prosecuted in Yonkers, N.Y. New York prosecutors back up that claim, saying Rattenni pleaded guilty to lesser crimes that were misdemeanors.

The trouble for Rattenni started when he was visited by the Secret Service for questioning about possible threats to the president. The Secret Service would not disclose whether it discovered anything relevant to that case during the questioning. However, officers did notice that Rattenni had a handgun in his apartment. Based on the belief that he had been convicted of felony assault and forgery in New York, they had Pinellas County deputies arrest him. However, Rattenni pointed out, he has a valid concealed weapons permit in Florida, something he shouldn’t have been able to get if he had been convicted on a felony assault charge. The chief assistant State’s Attorney for Pinellas County, Bruce Bartlett, said he looked into it after a reporter called and discovered that Rattenni was probably right, although his office was awaiting confirmation from New York.

As Miami gun crimes criminal defense lawyers, we wonder how many Rattennis are out there who don’t happen to have press coverage. Everyone makes mistakes now and then, but a mistake that keeps an innocent man in jail for nearly a week is very serious. As he pointed out in the article, just being arrested was enough to keep him out of work for several days, which will hurt his income and possibly his standing at work. Possession of a firearm by a convicted felon in Florida is a second-degree felony itself, which means Rattenni could have been looking at up to 15 years in jail if convicted. And all of this stems from an investigation that apparently didn’t lead to an arrest. Like many NRA members, we support restrictions on gun ownership for people convicted of violent felonies -- but only those who were actually convicted, not just charged.

Continue reading "Florida Man May Have Been Wrongly Arrested for Felon in Possession of a Firearm" »

As Fort Lauderdale firearms criminal defense attorneys, we were amused to see a recent item about a foiled burglary attempt in DeLand. The Daytona Beach News-Journal reported April 13 that Daven Woulard, 26, caught a burglar in his basement as he arrived home on April 12. He pulled his revolver, for which he has a concealed weapons permit, and succeeded in forcing the burglar to lie down on the ground and wait for the police to arrive. The invader turned out to be Jarrett Holloman, 16, who was taken to the Volusia Regional Detention Center and charged with burglary.

Woulard was driving home at about 9:25 in the morning when he noticed a pair of legs sticking out of his own back window. Rather than call the police, he took out his legally owned revolver and entered his home through the front. When he found Holloman, he asked the juvenile to get out of the house. Holloman left through the window but refused to lie down on the ground as Woulard asked. Woulard fired one bullet into the ground and told Holloman he would shoot if Holloman did not obey. Woulard then walked Holloman to the driveway, where he had Holloman lie down and wait for the police to arrive. It was not clear who called the police.

Our Miami-Dade gun crimes criminal defense lawyers are pleased to see that Woulard is being hailed as a quick thinker, rather than being charged with a crime. Incredibly, this is a possibility even in Florida. Inside the home, Woulard would likely be protected by the “stand your ground” law, which allows Floridians to use deadly force against intruders who are “unlawfully” or “forcibly” entering the home, regardless of whether they pose a threat. But the use of the “stand your ground” law outside the home is controversial and not settled. Outside, where Woulard was when he fired, you can use force in self-defense only if you reasonably believe the force is necessary to protect you or another from imminent use of unlawful force. In this case, that would mean Woulard would have had to show that he believed he was physically threatened by Holloman. Depending on the circumstances, this could be harder to prove.

Continue reading "DeLand Man Catches Burglar and Uses Legal Concealed Weapon to Stop Him" »

Our Miami firearms criminal defense attorneys were interested to read about the charges facing a suspect in a bank robbery in Fort Myers. According to the Fort Myers News-Press, police are looking for Ronald Reese, 51, who is suspected of robbing First Community Bank of Southwest Florida on April 5. At about 10:50 a.m. that day, the police received reports that an unidentified white male walked into the bank and handed the teller a note demanding money. He implied that he had a gun, but didn’t actually show it. After receiving the money, he fled the scene on foot. No bank employees or customers were hurt.

It was not clear how police identified Reese as the robber, but the newspaper said charges of grand theft and armed robbery are pending against him. This interests us greatly, as West Palm Beach gun crimes criminal defense lawyers, because it’s not at all clear that the perpetrator would be responsible for armed robbery. Some states have allowed defendants to be charged with firearms crimes if they use toy guns, simulate a gun in some other way or directly lie about having a gun. But it’s not clear whether Florida prosecutors can reasonably bring firearms charges against someone who merely implies the presence of a gun. Such a person might be able to raise a partial legal defense by arguing for the charges to be dropped. Robbery with a firearm is a life felony in Florida. By contrast, “unarmed” robbery is a second-degree felony carrying up to 15 years in prison. That means the distinction between armed and unarmed matters very much.

If the perpetrator actually possessed a firearm during the robbery, he would also trigger a very serious provision of Florida law called the 10/20/life provision. This law requires mandatory minimum prison time for people who commit certain crimes, including robbery. For the provision to be triggered, the defendant must actually possess the firearm, as opposed to having one in a closet at home or having a buddy nearby who has one. If that condition is met, the defendant must serve every day of a 10-year minimum sentence before he or she is eligible for release. If the firearm is discharged during the crime, the defendant serves a mandatory minimum of 20 years. It’s a mandatory minimum life sentence if someone is injured. No matter what the circumstances, judges may not reduce these. This is another reason why it would be vital for the suspect to prove that he didn’t have a firearm (if indeed he didn’t).

Continue reading "Suspect Charged With Armed Robbery Despite Never Showing a Gun" »

A case caught the eyes of our Fort Lauderdale firearms criminal defense attorneys this week because it had an unusual beginning. The Treasure Coast Palm reported March 2 that James Buhs, 46, was searched and arrested last summer for selling illegal fireworks to an undercover officer. The search led to one of the largest fireworks raids in Martin County history, with officers confiscating 20,000 pounds of fireworks from the home and garage. More importantly for Buhs, the search turned up a firearm and 28 grams or more of morphine and the prescription anti-anxiety drug alprazolam. Buhs is a former felon who may not legally possess a firearm. Those discoveries formed the basis of the most serious drug and weapons possession charges.

Records show that Buhs was using fireworks for public displays, for which he had a permit and insurance. However, he had also been accused of selling some fireworks illegally, a second-degree misdemeanor. The state has the right to seize any illegal fireworks, which may have been the reason for the search warrant. However, when law enforcement officers arrived at the home, they found the morphine, the alprazolam and “several weapons.” The article said the alprazolam charge was dropped, and that Buhs was sentenced to time served for the misdemeanor fireworks charge. However, prosecutors charged him with trafficking in morphine and possession of a firearm by a convicted felon, and he pleaded no contest to both charges. He is serving a 25-year sentence for the morphine concurrently with a 15-year sentence for the weapons.

As Miami gun crime defense lawyers, we are most interested in the firearm possession charge. Once you have any felony on your record in Florida, you are legally barred from possessing a firearm for the rest of your life. That’s true even if the original crime was not a gun crime and even if the original crime was not violent. As you can see from this case, the penalties are extremely steep -- possession of a firearm by a felon is a second-degree felony itself, carrying up to 15 years in prison. People with felony convictions in their past can petition Florida’s government to restore their civil rights, which include the right to bear arms as well as the right to vote and have certain jobs. We strongly recommend that former felons who want to own firearms for law-abiding purposes petition to restore their civil rights, so they don’t face this steep sentence for engaging in otherwise legal, and constitutionally protected, behavior.

Continue reading "Stuart Man Sentenced to 25 Years in Prison for Morphine and Firearm Possession" »

Florida’s “stand your ground” law allows citizens to use their firearms to protect themselves from an intruder into their homes or vehicles, or an attacker in a public place. This was hailed by firearms law experts, including our own Fort Lauderdale firearms criminal defense attorneys, as an advance that cleared up legal ambiguities and took away the possibility of prison for law-abiding gun owners who act in self-defense. However, it doesn’t apply to all firearms charges in Florida, which led to an interesting result Feb. 16. According to an article in the Palm Beach Post, a young man was acquitted of murder under the stand your ground law, but convicted of the less serious crime of discharging a firearm from a vehicle.

William Wilkerson was originally accused of killing Jason Payne in 2007, outside of a party where many people had been drinking. Wilkerson had reportedly been flirting with Payne’s girlfriend. Wilkerson was sitting in his vehicle, getting ready to leave, when Payne smashed the driver’s side window. Wilkerson fired his gun three times, killing Payne. The Palm Beach County jury determined that the first two shots were acts of self-defense under the stand your ground law, which authorizes lethal force in cases where someone is trying to forcibly enter a vehicle, or attacks another in public. However, the jury found that the third shot was unnecessary and endangered other people at the party. He was sentenced to four years in prison followed by four years of probation.

As West Palm Beach gun crimes defense lawyers, we can’t help but notice that Wilkerson was convicted of discharging a firearm from a vehicle -- not discharging a firearm in public, a misdemeanor carrying up to a year in prison. As you might guess, the crime of discharging a firearm from a vehicle was intended to cover drive-by shootings -- not cases of possibly overzealous self-defense. That is, Wilkerson was convicted under a law designed for very different circumstances. In fact, this application of the law may conflict with the stand your ground law, since that law specifically identifies a vehicle break-in as a circumstance where self-defense is allowed. When quick action is needed, it may be hard to tell whether another shot is a legal act of self-defense or a crime.

Continue reading "Wellington Man Acquitted of Murder But Sentenced for Firearms Charge" »

A recent article from southwest Florida caught the attention of our West Palm Beach firearms criminal defense attorneys. The Naples News reported Feb. 1 that Jason Lee Busbin, 39, has been charged with theft, firearms possession and running an illegal chop shop. Busbin, of North Fort Myers, is a former Fort Myers police officer who resigned from the force for medical reasons in 2002. He currently works in construction. However, the Florida Highway Patrol alleges that he buys and sells stolen property. It charged him with possession of a short-barreled rifle, two counts of firearm theft, two counts of grand theft auto and running an illegal “chop shop,” an operation that strips and refits stolen cars.

The article says the FHP executed a warrant to search Busbin’s property Jan. 29, although it doesn’t say what they were looking for. In Busbin’s bedroom, law enforcement officers found three firearms in a safe. One, a Spike Tactical rifle, is considered illegal in Florida because its barrel is too short to meet state law standards. The other two guns had been reported stolen -- one from California and one locally. Busbin did not have documentation to show where the guns had been bought. Troopers also found two trucks they believe were stolen. One was stripped to its chassis and had been reported stolen. The other truck had an incorrect vehicle identification number, but police traced the correct number and discovered that it too had been reported stolen.

As an NRA referral law firm and Fort Lauderdale gun crimes defense lawyers, we have philosophical problems with the ban on short-barreled rifles, although of course we acknowledge that it’s state law. Thanks to our experience in the firearms world, we know the law is so unclear that just adding accessories like a shoulder stock is enough to bring a gun out of compliance. As for the stolen weapons, it’s entirely possible that Busbin purchased them believing they were legal, from a private individual or gun show dealer who failed to do the necessary paperwork and investigation. Busbin may have broken the law, but from the facts in the article, he may very well have done it inadvertently and without any bad intent.

Continue reading "FHP Accuses Former Fort Myers Police Officer of Dealing in Stolen Guns" »

Our Fort Lauderdale firearms criminal defense attorneys wrote recently about the legal trouble faced by Washington Wizards player Gilbert Arenas. Arenas was charged with carrying a pistol without a license by the city of Washington, D.C., after a intra-team dispute showed that he had several guns in his locker. Teammate Javaris Crittonton also brandished a weapon as part of that dispute. No shots were fired, but both players were criminally charged under the city’s strict gun control laws. On Jan. 28, the Washington Post reported that the NBA’s commissioner, David Stern, suspended Crittenton and Arenas without pay for 38 games -- the rest of the season.

Arenas, a guard for the Wizards, was already suspended indefinitely after he made light of the December incident. In that incident, reportedly a dispute over debts from a card game, Arenas laid out several guns and asked Crittenton, also a guard, to choose one. He said it was intended as a joke, but Crittenton saw it as a threat and responded by showing his own firearm. Both players violated D.C. law and NBA policy by having the guns. Washington D.C., which has some of the nation’s strictest gun control laws, requires a license to carry a pistol. The New York Daily News reported that Crittenton was sentenced to a year of probation and community service after pleading guilty to a misdemeanor charge. Arenas faces sentencing on a felony gun charge in March. Prosecutors have recommended six months in jail, but the maximum sentence is five years in prison.

The action is the harshest ever taken by the NBA against players who violated firearms policy, and among the top five harshest non-drug-related NBA penalties. The players will lose more than five times as many games as the player with the next-longest suspension for a firearms violation, Stephen Jackson, who fired five shots outside a nightclub in 2006. Stern told the media that he hoped it sent a message to other NBA players. Arenas will lose close to $7.4 million in pay because of his suspension; Crittenton will lose $510,530.

As Miami-Dade gun crime criminal defense attorneys, we can’t help thinking this reaction is awfully punitive for an incident in which no one was hurt. As we wrote in January, Arenas lives in Virginia, where he is legally allowed to carry his guns without a permit. The main difference between that legal conduct and the conduct that led to his criminal charges is that he traveled a few miles to work. It isn’t clear whether Crittenton lives in Virginia, but it’s not unlikely that he’s a victim of the same legal problem. By restricting Americans’ ability to carry their weapons in their daily lives, the city comes perilously close to infringing on their constitutional right to bear arms. Brandishing a weapon is not the responsible gun ownership we prefer, but under the circumstances, a misdemeanor brandishing charge may have been more appropriate.

Continue reading "NBA Suspends Two Washington Wizards Players for Firearms Violations" »

Our Fort Lauderdale firearms criminal defense attorneys were interested in a major federal operation taking place in our area. According to a Jan. 20 article in the New York Times, federal agents ended a large-scale undercover operation last week when they arrested more than 20 people for allegedly taking bribes from foreign officials. Top executives at numerous mid-sized arms and armor companies, as well as Smith & Wesson’s vice president of sales, were charged with violating the Foreign Corrupt Practices Act. This federal law forbids American individuals and businesses from bribing foreign officials to gain an improper advantage.

It was the first-ever undercover operation against foreign bribery, the Times said, and signaled a new FBI focus on white-collar crime. Government agents posed as a representative of a defense minister in an unnamed African country. The representative offered arms company executives a $15 million contract to outfit the foreign president’s guard. As part of that deal, the representative explicitly said he would get a 20% commission and pass on half to the defense minister as a bribe. Many of the initial deals were struck at the Mandarin Oriental Hotel in Miami. However, almost all of the defendants were arrested at a firearms trade show in Las Vegas called the SHOT Show, which the newspaper suggested was a message to the industry. In addition to the FCPA charges, which carry up to five years in prison, the defendants also face money laundering charges penalized by up to 20 years.

The FCPA was passed in the 1970s after an SEC investigation showed numerous American companies involved in outright bribery of foreign officials to get or keep business. However, it makes a distinction between illegal bribes and legal “grease payments,” which encourage officials to expedite duties they were already planning to perform. As Miami firearms crimes defense lawyers, we believe this distinction could be crucial to the defense of the firearms-industry executives netted in this sting. Unfortunately, the reality is that “grease payments” are the only efficient way to do business in some other countries. Businesses operating in these countries shouldn’t face criminal penalties for simply doing what the local culture requires. Defendants may also be able to argue that they were entrapped by undercover officials into paying a bribe they would not otherwise have sought out.

Continue reading "Arms Dealers Face Federal Bribery Charges in Miami Undercover Operation" »

As Miami firearms crimes defense attorneys, we are very interested in the ongoing fallout in the case of Washington Wizards basketball player Gilbert Arenas Jr. Arenas made the news Jan. 5 when he pretended to shoot his teammates during a pre-game huddle. The next day, Sports Illustrated reported, the NBA Commissioner suspended him indefinitely, a move the Wizards organization supported. The incident closely followed another in late December in which Arenas displayed unloaded guns in his locker as “a misguided effort to play a joke on a teammate.” Arenas met with law enforcement Jan. 4 to discuss that incident, then issued a statement apologizing. He issued another Jan. 6 taking responsibility for his actions and apologizing to his team and fans.

Arenas is under criminal investigation in connection with the December incident, in which he brought several unloaded guns from home and stored them in his locker. He said it was an attempt to keep the guns away from his three young children, but news reports suggested he also had a gambling dispute with a teammate. Arenas lives in suburban Virginia, where only a permit for concealed carry is required, and Virginia authorities have not shown interest in investigating him. However, simply transporting the guns to D.C. may have violated the District’s stricter gun laws. To bring licensed guns into D.C., gun owners must register them with the city or face misdemeanor charges. Bringing unlicensed guns into D.C. is punished even more harshly, with up to five years in prison.

As West Palm Beach gun crimes criminal defense lawyers, we can’t help but notice that Arenas is essentially falling victim to D.C.’s harsh gun control laws. If he had stayed home in Virginia, just a few miles away, his actions may have been completely legal. But thanks to the capital’s history of street violence, the city council there has come down hard against its citizens’ right to bear arms. The 2008 Supreme Court decision in D.C. v. Heller made it legal to own a gun in D.C., but the city council has still put restrictions on transporting guns outside the home, as well as registration requirements and limits on the types of guns citizens may own. We believe this is overly onerous for responsible owners of legal guns -- and as this case shows, it makes criminals out of otherwise law-abiding people.

Continue reading "NBA Player Faces Criminal Prosecution for Bringing Guns to Work" »