Services | Gutmacher, Jon H Orlando, FL 32801

Criminal Law

Criminal Defense
For 31 consecutive years the book often called “the bible” on Florida & Federal firearm, weapon, and self defense laws continues to be the leading guide in the nation explaining the law and legal issues that can arise from ownership or carry of all firearms, weapons, and self defense situations. It covers almost all such situations other than hunting. This newest “GOLD” revised edition was released July 2024, and is current thru July 2024 including the new Florida “Constitutional Carry” concealed carry law, newer 2022-2023 federal regulations, and an entire go over on the book and index, as well as some very important case law. A further free online update is due in September or October 2024 regarding injunctions on federal issues now in the federal appeal courts and US Supreme Court. The book is ranked as not only the best book on Florida gun laws, but by far, the most extensive! It also covers federal law. It is the only one written by an attorney who for over 40 years actually specialized in firearm, weapon, and self defense cases, who also had prosecution, law enforcement, criminal defense, civil police liability, and extensive courtroom experience (over 200 jury trials), as well as being a former FFL, and also holding several NRA certifications as a firearms instructor. This revised 2024-2025 GOLD edition continues to explain the latest Florida gun laws, Florida self defense laws, Florida weapon laws, and related federal firearm laws, as well as including a large number of important common scenarios, and how to react to them legally. It has sold well over a quarter of a million copies, and publishes yearly free updates on the web that can be downloaded, to keep your book current on changing laws. The book covers and explains all Florida gun laws, weapon laws, and self defense laws, (except hunting) as well as federal gun and weapon laws. It has been given excellent reviews by the NRA, GOA, Florida Sheriff’s Association, Florida Association of State Troopers, The Florida Bar Association, American Firearms Industry, and many others. If you want the recognized, most authoritative book on Florida gun laws, Federal gun laws, Florida self defense laws, and Florida weapon laws, that explains all these laws (guns, knives, pepper spray, bows, ASP, NFA, etc.), with practical recommendations, in an understandable format, and is written primarily for the layman — this is the book that has set the standard for all books of its kind in the nation for thirty one solid years.
Sex Crimes
ONLY where necessary to save the life of the mother, or prevent serious and irreversible physical impairment of a major bodily function of the mother; or (only up to the end of the 15th week) where the pregnancy is the result of rape, incest, or human trafficking.
Robbery
Burglary
Misdemeanors
Well, the truth is that bear spray is not illegal in Florida per Florida Statute 790.01 – as long as you either have a CWL or could qualify for one. Otherwise, it would be a misdemeanor as 790.01 has no penalty for qualified individuals carrying any type weapon or firearm concealed.
Assault
Burns v. State – a critically important self defense case in Florida. By: Jon H. Gutmacher, Esq. In what is one of the most important self defense cases to come out of the Florida appellate courts in years is Burns v. State, 48 Fla.L.Weekly D1067 (Fla. 4DCA 5/24/2023). Burns involved a charge of aggravated assault …
Homicide
Jon H. Gutmacher is considered the leading authority in Florida on legal issues dealing with firearms, weapons, and self defense. He recently retired from courtroom practice after forty years as a trial lawyer, and approximately two hundred jury trials of experience, both as a prosecutor, civil trial lawyer, and criminal defense attorney. While his practice was devoted primarily to firearm, weapon, and self defense related cases, he also handled a number of police liability cases as a plaintiff’s attorney. His book, “Florida Firearms – Law, Use & Ownership” has been the primary resource on Florida gun laws and self defense laws for thirty consecutive years, is used throughout Florida in firearm and concealed weapon courses, has sold over a quarter million copies, and is often called “the bible” on Florida firearm and self defense laws. It also was the first book of its kind to combine state and federal laws into one volume, and remains the only book of its kind that offers free updating. Mr. Gutmacher is a former prosecutor, federal firearms licensee, and police legal advisor who also participated in narcotic field operations. He is an NRA Certified Firearms Instructor, and NRA Certified Refuse to be a Victim Instructor, and while practicing was a referral attorney for the NRA, Gun Owners of America, USCCA, the American Firearms Industry, and several other pro-Second Amendment organizations. He was one of the four primary organizers of the 1994 Tallahassee Freedom Rally that helped stop an assault weapons ban in Florida. He has been featured numerous times on national and local television and radio programs, including “Nightline” and continues to appear for media on firearm and weapon related matters. He has a popular pro-gun blog on the internet, and currently writes a monthly legal column for the Florida Association of State Troopers. He has personally tried numerous homicide and self defense cases, civil police liability cases, handled administrative and judicial expunctions, has represented FFL’s before BATFE, defended law enforcement officers in disciplinary proceedings, handled NICS and FDLE database corrections, handled CWL and security guard license revocations, knife cases, antique firearm cases, numerous types of self defense cases, has written and presented for various CLE courses, was a Committee Chairman for The Florida Bar for two terms, has argued cases before the Florida Supreme Court and federal appellate courts, and handled several cases in the United States Supreme Court.
Restraining Order
(d) The pregnancy is the result of rape, incest, or human trafficking and the gestational age of the fetus is not more than 15 weeks as determined by the physician. At the time the woman schedules or arrives for her appointment to obtain the abortion, she must provide a copy of a restraining order, police report, medical record, or other court order or documentation providing evidence that she is obtaining the termination of pregnancy because she is a victim of rape, incest, or human trafficking. If the woman is 18 years of age or older, the physician must report any known or suspected human trafficking to a local law enforcement agency. If the woman is a minor, the physician must report the incident of rape, incest, or human trafficking to the central abuse hotline as required by s. 39.201.
Manslaughter