New Year’s is rapidly approaching. As we celebrate this holiday season, there are a few matters to keep in mind that do not mix: drinking, driving, fireworks, and firearms.
Annually, the news media presents stories of celebratory gunfire. We often hear of people firing their guns off in the air to celebrate the New Year. It is best not to do this. This activity is very dangerous and can result in either serious bodily injury or death and potentially land you in jail. Florida law criminalizes the reckless handling of a firearm, and many counties and cities have local laws that make it illegal to willfully discharge a firearm within their jurisdiction, subject to certain exceptions like self-defense.
Firearm safety should always be strictly observed. One should never display or discharge a firearm in a reckless or unsafe manner.
Additionally, local governments and law enforcement yearly remind their residents not to fire celebratory gunfire because it is both illegal as well as dangerous.
In fact, in Miami, for more than 20 years, the city has found it necessary to issue New Year’s Eve warnings. In a news conference last year, the mayor of Miami, Francis Suarez, urged city residents not to shoot their guns just hours before celebratory shooting occurred in various cities across Florida.
In Miami alone, there have been a number of New Year’s Eves when people have been wounded or killed by celebratory gunfire since 2007.
Celebratory gunfire, as it is called, has wounded, and killed dozens in recent years throughout the U.S. alone. Deaths and injuries have ben reported and investigated annually when individuals are struck as well as killed by gun shots dropping to the ground. Most bullets, fortunately, land harmlessly to the ground or lodge in roofs and other property. However, in densely populated areas, bullets can hit people. Such falling bullets can strike a victim’s head, shoulders or feet and can ultimately cause serious bodily harm.
Celebrating with fireworks can also cause harm. Certain fireworks are legal in Florida, according to state law, however, cities have the authority to ban fireworks.
In April 2020, Gov. Ron DeSantis signed a bill that legalized fireworks in Florida on three (3) holidays every year. The full use of fireworks in Florida is now legal on Independence Day on July 4, New Year’s Eve on December 31, and New Year’s Day on January 1. Sparklers, noisemakers, and the like are legal all year
Despite the state law, fireworks could still be banned in your local city or county. It is best to check prior to engaging in that type of activity.
But as Florida residents ring in the New Year with fireworks, they should keep in mind that last New Year’s Eve alone, government statistics show approximately 10,000 people went to the emergency room for firework-related injuries. Of those statistics, children younger than 15 made up for 36% of those injuries.
Now, New Year’s Eve and alcohol, it goes without saying that operating a motor vehicle while intoxicated is a criminal offense. Similarly, carrying a concealed handgun with a concealed handgun permit while intoxicated is also a crime.
With New Year’s Eve approaching, and even though the pandemic has changed many plans, some are still planning to ring in 2022 with a “bang”! The top concern for many is the continued risk of encountering a drunk driver during or after New Year’s celebrations. Many have advocated for people to make plans for a designated driver before heading out to celebrate. There may still be rider-assist programs that like AAA’s “Tow to Go” program, as in the past, that you may call a driver to take you home, or you can call and take an Uber or Lyft. Even though this has been a difficult year due to the continued pandemic, people can still count on fireworks and having a drink to bid 2021 farewell. Law enforcement experts have stated that many people get arrested due to drinking and driving while celebrating the holidays. Consequently, don’t begin 2022 making the year more challenging for yourself by getting behind the wheel of a car after you drink, and get your first DUI.
If a person does too much celebrating over the holidays, they should be careful. Unfortunately, accidents do happen, and in some instances, people are injured. Whether by fireworks or some other accident, common questions asked include, what happens if I see someone who needs medical assistance? Can I be held civilly liable if I accidentally injure them while rendering aid? While a person in Florida is not typically required to perform first aid, state law protects them when administering emergency or life-saving treatment to someone in need. This protection is commonly called the “Good Samaritan Law.”
Under the Florida Good Samaritan Act: “Any person, including those licensed to practice medicine, who gratuitously and in good faith renders emergency care or treatment… shall not be held liable for any civil damages as a result of such care or treatment.” Whether it is a firework mishap, car accident, or some other type of injury, the Good Samaritan Law states that a person will not be civilly liable while they are administering emergency care in good faith, reasonably and without compensation.
We wish you and your family a Happy Holiday Season. If you should have any questions or would like additional details regarding these topics or any others, please contact the attorneys at the law firm of CASERTA & SPIRITI.