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	<title>
	Comments on: FAC Weekly Update 2023-10-16-Ex Post Facto II Lawsuit Trial	</title>
	<atom:link href="https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/feed/" rel="self" type="application/rss+xml" />
	<link>https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/</link>
	<description>Reforming Florida’s Sex Offender Registry Laws</description>
	<lastBuildDate>Mon, 23 Oct 2023 19:00:21 +0000</lastBuildDate>
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		<title>
		By: ABC		</title>
		<link>https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59016</link>

		<dc:creator><![CDATA[ABC]]></dc:creator>
		<pubDate>Mon, 23 Oct 2023 19:00:21 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=22927#comment-59016</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59006&quot;&gt;Robert Curtis&lt;/a&gt;.

I am NOT an attorney, you could spend the money and talk to an attorney, which is going to read the law to you, but he is not going to tell you what to do. Here are my facts, 
The definition on the federal code:
“3) The term &quot;firearm&quot; means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.”
In short to classify as a firearm, it must combine an explosive of sorts to eject a projectile.  Compressed air is not considered an explosive device/element or cartridge.  I own several high power air rifles, and have had a few incidents with my local law enforcement while using them in my farm. Local law enforcement can chose to confiscate them for any justifiable reason, but I have not had that experience. 
So far in Florida there are no restrictions. Reference Florida Statute 790.22 on BB gun restrictions.  This could all change with the stroke of a pen at any moment.   But a word of warning, even my most powerful air rifle, rated at 1500 fps on .25 cal,  I would not consider it a deterrent, it is mostly a nuisance for someone bent on causing you some serious harm. Much less a pistol which tops at 500 fps, unless you go for a high end PCP but those look more like a rifle.
By the same token you could legally own and &quot;antique&quot; firearm, and also a firearm for which bullet cartridges are no longer available/manufactured.  But I personally wouldn&#039;t take a chance. 
https://uscode.house.gov/view.xhtml?req=definition+of+terrorism&#038;f=treesort&#038;num=161#:~:text=(3)%20The%20term%20%22firearm,(D)%20any%20destructive%20device.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59006">Robert Curtis</a>.</p>
<p>I am NOT an attorney, you could spend the money and talk to an attorney, which is going to read the law to you, but he is not going to tell you what to do. Here are my facts,<br />
The definition on the federal code:<br />
“3) The term &#8220;firearm&#8221; means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.”<br />
In short to classify as a firearm, it must combine an explosive of sorts to eject a projectile.  Compressed air is not considered an explosive device/element or cartridge.  I own several high power air rifles, and have had a few incidents with my local law enforcement while using them in my farm. Local law enforcement can chose to confiscate them for any justifiable reason, but I have not had that experience.<br />
So far in Florida there are no restrictions. Reference Florida Statute 790.22 on BB gun restrictions.  This could all change with the stroke of a pen at any moment.   But a word of warning, even my most powerful air rifle, rated at 1500 fps on .25 cal,  I would not consider it a deterrent, it is mostly a nuisance for someone bent on causing you some serious harm. Much less a pistol which tops at 500 fps, unless you go for a high end PCP but those look more like a rifle.<br />
By the same token you could legally own and &#8220;antique&#8221; firearm, and also a firearm for which bullet cartridges are no longer available/manufactured.  But I personally wouldn&#8217;t take a chance.<br />
<a href="https://uscode.house.gov/view.xhtml?req=definition+of+terrorism&#038;f=treesort&#038;num=161#:~:text=(3)%20The%20term%20%22firearm,(D)%20any%20destructive%20device" rel="nofollow ugc">https://uscode.house.gov/view.xhtml?req=definition+of+terrorism&#038;f=treesort&#038;num=161#:~:text=(3)%20The%20term%20%22firearm,(D)%20any%20destructive%20device</a>.</p>
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		<title>
		By: Allan		</title>
		<link>https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59015</link>

		<dc:creator><![CDATA[Allan]]></dc:creator>
		<pubDate>Sun, 22 Oct 2023 02:42:07 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=22927#comment-59015</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59014&quot;&gt;CherokeeJack&lt;/a&gt;.

CherokeeJack &#062;&#062;&#062; I remember when it all started in NJ back in October 31 1994. I was sitting in ADTC going OMG were gonna get killed being from here an they won&#039;t care. I was released in Feb. of 1995 an required to register pending Constitutionality in the first state we were sweating it. Then on 7/25/95 retroactive was granted due process. ( 3rd Cir affirmed it ) I took it to court an the court judgement was registry only not for public notification. I moved here in 1998 an that went out the window. Now they lost 7 years an said I first registered in 2006 so they can enforce 2003 Federal laws on me. I&#039;m like you gotta be kidding me... I had a real good feeling it was the county who hid all of this hoping I would move away. They want to fight me all the way cause they didn&#039;t know the truth. She went crazy on me when I told here I have this Civil Judgement.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59014">CherokeeJack</a>.</p>
<p>CherokeeJack &gt;&gt;&gt; I remember when it all started in NJ back in October 31 1994. I was sitting in ADTC going OMG were gonna get killed being from here an they won&#8217;t care. I was released in Feb. of 1995 an required to register pending Constitutionality in the first state we were sweating it. Then on 7/25/95 retroactive was granted due process. ( 3rd Cir affirmed it ) I took it to court an the court judgement was registry only not for public notification. I moved here in 1998 an that went out the window. Now they lost 7 years an said I first registered in 2006 so they can enforce 2003 Federal laws on me. I&#8217;m like you gotta be kidding me&#8230; I had a real good feeling it was the county who hid all of this hoping I would move away. They want to fight me all the way cause they didn&#8217;t know the truth. She went crazy on me when I told here I have this Civil Judgement.</p>
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		<title>
		By: CherokeeJack		</title>
		<link>https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59014</link>

		<dc:creator><![CDATA[CherokeeJack]]></dc:creator>
		<pubDate>Sun, 22 Oct 2023 00:25:31 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=22927#comment-59014</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59013&quot;&gt;Allan&lt;/a&gt;.

Allan

There was NO registry when my incident took place, no registry when I was arrested, no registry when I was sentenced and no registry until the month I got released. So yes it was retroactively applied to me and many others.

I am not on any paperwork anymore, haven&#039;t been for 20 years now, yet law enforcement comes by my house whenever they like and stand in the street and yell commands to me so the neighbors are sure to know a sex offender lives next to them.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59013">Allan</a>.</p>
<p>Allan</p>
<p>There was NO registry when my incident took place, no registry when I was arrested, no registry when I was sentenced and no registry until the month I got released. So yes it was retroactively applied to me and many others.</p>
<p>I am not on any paperwork anymore, haven&#8217;t been for 20 years now, yet law enforcement comes by my house whenever they like and stand in the street and yell commands to me so the neighbors are sure to know a sex offender lives next to them.</p>
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		<title>
		By: Allan		</title>
		<link>https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59013</link>

		<dc:creator><![CDATA[Allan]]></dc:creator>
		<pubDate>Sat, 21 Oct 2023 21:19:57 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=22927#comment-59013</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59012&quot;&gt;CherokeeJack&lt;/a&gt;.

CherokeeJack &#062;&#062;&#062; isn&#039;t that the truth here in Flordaa. They seem to make up their own laws as they go an until they are found wrong in a court of law costing you tens of thousands to defend it against them they make your life hell. Its coming my friend, did you read what FDLE is pulling? I was like you gotta be kidding, where is my paperwork from Dec. 1998 when i moved here? They are saying I established residency is 2006 so they can enforce 2003 federal laws on me.  You wouldn&#039;t believe the email I got back from them. Now I&#039;m taking this to New Jersey an showing my Attorney James Maynard up there what they are doing. I thought about going to Furlong with it but I think he screwed us who are retroactive already. Last I checked in the Oxford Dictionary public humiliation definition fits perfectly, punishment on a prisoner or offender.  They granted us who were convicted before the registry laws Due Process under State an Federal constitutional law hand down a judgement of registering 15 years only not for public notification an then 3 years later make it public record using new laws and now saying it&#039;s now for life.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59012">CherokeeJack</a>.</p>
<p>CherokeeJack &gt;&gt;&gt; isn&#8217;t that the truth here in Flordaa. They seem to make up their own laws as they go an until they are found wrong in a court of law costing you tens of thousands to defend it against them they make your life hell. Its coming my friend, did you read what FDLE is pulling? I was like you gotta be kidding, where is my paperwork from Dec. 1998 when i moved here? They are saying I established residency is 2006 so they can enforce 2003 federal laws on me.  You wouldn&#8217;t believe the email I got back from them. Now I&#8217;m taking this to New Jersey an showing my Attorney James Maynard up there what they are doing. I thought about going to Furlong with it but I think he screwed us who are retroactive already. Last I checked in the Oxford Dictionary public humiliation definition fits perfectly, punishment on a prisoner or offender.  They granted us who were convicted before the registry laws Due Process under State an Federal constitutional law hand down a judgement of registering 15 years only not for public notification an then 3 years later make it public record using new laws and now saying it&#8217;s now for life.</p>
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		<title>
		By: CherokeeJack		</title>
		<link>https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59012</link>

		<dc:creator><![CDATA[CherokeeJack]]></dc:creator>
		<pubDate>Sat, 21 Oct 2023 20:37:45 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=22927#comment-59012</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59006&quot;&gt;Robert Curtis&lt;/a&gt;.

Robert

I think this is something you should speak to a local lawyer about. Asking keyboard lawyers on here can get you bad advice and every state, county and city have different takes on what a statue actually does and does not mean.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59006">Robert Curtis</a>.</p>
<p>Robert</p>
<p>I think this is something you should speak to a local lawyer about. Asking keyboard lawyers on here can get you bad advice and every state, county and city have different takes on what a statue actually does and does not mean.</p>
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		<title>
		By: JC		</title>
		<link>https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59011</link>

		<dc:creator><![CDATA[JC]]></dc:creator>
		<pubDate>Sat, 21 Oct 2023 13:28:03 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=22927#comment-59011</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59008&quot;&gt;Tearfuleagle&lt;/a&gt;.

In Florida air rifles are not considered a firearm.  If you’re not on probation, I’m pretty sure you can legally own one.  There’s also the possibility of owning an antique gun that doesn’t fit the legal definition of firearm. Caveat: I’m not an attorney.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59008">Tearfuleagle</a>.</p>
<p>In Florida air rifles are not considered a firearm.  If you’re not on probation, I’m pretty sure you can legally own one.  There’s also the possibility of owning an antique gun that doesn’t fit the legal definition of firearm. Caveat: I’m not an attorney.</p>
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		<title>
		By: Curious		</title>
		<link>https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59010</link>

		<dc:creator><![CDATA[Curious]]></dc:creator>
		<pubDate>Fri, 20 Oct 2023 16:13:18 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=22927#comment-59010</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59009&quot;&gt;Lauren NotBook&lt;/a&gt;.

Yes, a refresher would be great to remind us about the case and what issues the judge will decided.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59009">Lauren NotBook</a>.</p>
<p>Yes, a refresher would be great to remind us about the case and what issues the judge will decided.</p>
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		<title>
		By: Lauren NotBook		</title>
		<link>https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59009</link>

		<dc:creator><![CDATA[Lauren NotBook]]></dc:creator>
		<pubDate>Thu, 19 Oct 2023 23:14:02 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=22927#comment-59009</guid>

					<description><![CDATA[Can anyone explain, just very briefly, what happened with Ex Post Facto II? In May there was a motion for summary judgment, and I know many people submitted documentation that was needed to - I think - rebutt claims made by the state? Did the motion for summary judgment get denied? Did the attorneys&#039; response overcome whatever claims the state was making? I&#039;m not at all clear on the process or what has transpired since May.]]></description>
			<content:encoded><![CDATA[<p>Can anyone explain, just very briefly, what happened with Ex Post Facto II? In May there was a motion for summary judgment, and I know many people submitted documentation that was needed to &#8211; I think &#8211; rebutt claims made by the state? Did the motion for summary judgment get denied? Did the attorneys&#8217; response overcome whatever claims the state was making? I&#8217;m not at all clear on the process or what has transpired since May.</p>
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		<title>
		By: Tearfuleagle		</title>
		<link>https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59008</link>

		<dc:creator><![CDATA[Tearfuleagle]]></dc:creator>
		<pubDate>Thu, 19 Oct 2023 17:42:56 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=22927#comment-59008</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59006&quot;&gt;Robert Curtis&lt;/a&gt;.

To my knowledge you can not have one of those.  If I am wrong let me know.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59006">Robert Curtis</a>.</p>
<p>To my knowledge you can not have one of those.  If I am wrong let me know.</p>
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		<title>
		By: Allan		</title>
		<link>https://floridaactioncommittee.org/ex-post-facto-ii-lawsuit-trial/comment-page-1/#comment-59007</link>

		<dc:creator><![CDATA[Allan]]></dc:creator>
		<pubDate>Thu, 19 Oct 2023 15:31:07 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=22927#comment-59007</guid>

					<description><![CDATA[Old Karen &#062;&#062;&#062; I sure do it came in an email. I remember when these new laws went into effect here when they classified us. I was like where is my Due Process? I have an actual Tier 1 civil court judgement they refused to honor that put me on the registry from New Jersey retroactively. ( I had due process ) I was convicted before 9/13/1994 They can&#039;t just create new laws an enforce them retroactive on us without any form of due process.  The deputy was like there is no process your an offender already. Now I can see why people call it Flordaa]]></description>
			<content:encoded><![CDATA[<p>Old Karen &gt;&gt;&gt; I sure do it came in an email. I remember when these new laws went into effect here when they classified us. I was like where is my Due Process? I have an actual Tier 1 civil court judgement they refused to honor that put me on the registry from New Jersey retroactively. ( I had due process ) I was convicted before 9/13/1994 They can&#8217;t just create new laws an enforce them retroactive on us without any form of due process.  The deputy was like there is no process your an offender already. Now I can see why people call it Flordaa</p>
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