The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Reply
 
Thread Tools Search this Thread
Old May 30, 2011, 01:30 PM   #1
tmorone
Senior Member
 
Join Date: October 22, 2010
Posts: 221
New AWB in St. Pete, Florida

I was checking the news today and there was an article about Steve Kornell proposing a new ban in the Tampa area. Here's the link, what do you guys think about this gaining ANY traction? In this area I'd be shocked...

http://www.abcactionnews.com/dpp/new...d-us-to-follow

It is however a little pleasant to see the article say that none of the recent police murders involved assault weapons. Such flawed logic :barf:
tmorone is offline  
Old May 30, 2011, 01:39 PM   #2
GoOfY-FoOt
Senior Member
 
Join Date: January 1, 2011
Location: West Central Florida
Posts: 463
That's funny. Some years ago the Florida Legislators eneacted a law that basically states that they themselves are the only lawmakers in the state who can enact gun laws.
This session, they also passed bills to give themselves the power to punish those who continue to snub their nose at the state.
I guess this guy doesn't follow the rules.
GoOfY-FoOt is offline  
Old May 30, 2011, 03:06 PM   #3
Glenn Dee
Senior Member
 
Join Date: September 9, 2009
Location: South Florida
Posts: 1,560
LOL An SKS assult rifle?
Glenn Dee is offline  
Old May 30, 2011, 03:19 PM   #4
Tom Servo
Staff
 
Join Date: September 27, 2008
Location: Foothills of the Appalachians
Posts: 13,059
Quote:
LOL An SKS assult rifle?
You should see the awful things the young people do to those things

Doesn't Florida have state preemption? As such, a local ban would run counter to state law and thus be invalid.

If not, let them pass it. The court challenge would be immediate, and it should be easy to overturn. The result? A legal precedent (in compliance with Heller dicta) declaring categorical bans unconstitutional.
__________________
Sometimes it’s nice not to destroy the world for a change.
--Randall Munroe
Tom Servo is offline  
Old May 30, 2011, 03:38 PM   #5
Glenn E. Meyer
Senior Member
 
Join Date: November 17, 2000
Posts: 20,064
Interesting. In TX, you are free to carry a long arm in your car. However, San Antonio has a local ordinance against such. Clearly violates the state mandate. However, if you call the SAPD (at least a few years ago), they will cite it. BUT, an individual officer told me that it was legal to stroll down the street with a long arm.

Ha - never been tested in court to my knowledge.

The reason for local rule was to give the cops the power to bust gang members who were buying cheap SKS rifles at the gun shows.

The other issue is banning the type of gun. Some states have such bans and I don't think Heller washes them away so easily. The decison allowed for what 'someone' thinks is a reasonable restriction. So mag bans and gun bans exist in some states. Total bans of guns won't fly but a category type might and that would have to go the SCOTUS.

The police chief is clueless on firearm details.
__________________
NRA, TSRA, IDPA, NTI, Polite Soc. - Aux Armes, Citoyens
Glenn E. Meyer is offline  
Old May 30, 2011, 05:53 PM   #6
Spats McGee
Staff
 
Join Date: July 28, 2010
Location: Arkansas
Posts: 8,821
The State of Arkansas has statutorily preempted any legislation like this. Somehow, I suspect that Florida has, too.

I've only met a handful of folks in my life that supported "assault weapons bans" (to my knowledge). I don't think I've ever met an AWB supporter that actually knew what it was that they supported banning. Whenever I discover that someone supports these, I like to ask them them, "You do know that there's no such thing as an "assault weapon," don't you?" Invariably, they believe that there is, and that gives me the opportunity to ask them, "Ok, then. What is an assault weapon? What features do they have?" Invariably, I get to poke fun at the inclusion of bayonet lugs in the various lists of prohibited features.
__________________
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.
Spats McGee is offline  
Old May 30, 2011, 06:38 PM   #7
Tom Servo
Staff
 
Join Date: September 27, 2008
Location: Foothills of the Appalachians
Posts: 13,059
Quote:
"Ok, then. What is an assault weapon? What features do they have?"
It's the shoulder thing that goes up, silly. Everybody knows that.

The folks who write and push these bans know exactly what they're doing. They also harbor little real hope that the restrictions will reduce crime. The reason they do it is to look like they're "doing something" in front of the cameras.

Looking like you're "doing something" about a given problem makes for a better 10-second soundbite, and it requires no real investment of effort. It's a perfect political solution.

Very, very few gun control laws are actually founded on the expectation of social good. They are founded on publicity.
__________________
Sometimes it’s nice not to destroy the world for a change.
--Randall Munroe
Tom Servo is offline  
Old May 30, 2011, 09:53 PM   #8
GoOfY-FoOt
Senior Member
 
Join Date: January 1, 2011
Location: West Central Florida
Posts: 463
As stated in Post #2, Florida does have preemption.
Here is the statute...
http://www.flsenate.gov/Laws/Statutes/2010/790.33

We are also about to pass a Bill into law providing penalties against those officials who feel they know better than the State.

SB 402 is that bill found here...
http://www.flsenate.gov/Session/Bill/2011/402

It seems that there are those in office in towns and municipalities around our state who didn't care about the law. Now it will have teeth, and they just might pay attention. Or else, pay in other ways.
GoOfY-FoOt is offline  
Old May 31, 2011, 01:38 AM   #9
45Gunner
Senior Member
 
Join Date: August 8, 2009
Location: Boca Raton, FL
Posts: 1,902
A major issue seems to be with the uneducated really understanding what constitutes an Assault Rifle. One of my friends that is anti-gun recently queried me on why I needed an "Assault Rifle." I answered his question with this question, "In your opinion, are Assault Rifles fully automatic?" He then asked if that was not the definition of an Assault Rifle...it had to be fully automatic. I then took the time to teach him the difference between semi and fully automatic. He had misunderstood what an assault rifle was and now his wife wants to take shooting lessons and get a carry permit. Go figure.
__________________
45Gunner
May the Schwartz Be With You.
NRA Instructor
NRA Life Member
45Gunner is offline  
Old May 31, 2011, 07:52 AM   #10
GoOfY-FoOt
Senior Member
 
Join Date: January 1, 2011
Location: West Central Florida
Posts: 463
Quote:
and now his wife wants to take shooting lessons and get a carry permit. Go figure.
Good for her. And thank you, Mr. ambassador...Keep the campaign going, as will I.
GoOfY-FoOt is offline  
Old May 31, 2011, 08:18 AM   #11
Spats McGee
Staff
 
Join Date: July 28, 2010
Location: Arkansas
Posts: 8,821
Quote:
Originally Posted by 45Gunner
A major issue seems to be with the uneducated really understanding what constitutes an Assault Rifle.
I entirely agree. I try not to miss an opportunity to educate an anti on that, either. An anti's reaction is always interesting when I point out that: (1) there's no difference in the firing mechanism or caliber between a Mini-14 ranch rifle and a Mini-14 with a folding stock and barrel shroud; but (2) that one is banned under an AWB and one is not.
__________________
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.
Spats McGee is offline  
Old May 31, 2011, 10:41 AM   #12
Ronbert
Senior Member
 
Join Date: September 23, 2009
Location: Ft. Collins, CO.
Posts: 398
The uneducated have been willfully MIS-educated by the usual suspects.

During the days leading up to the Brady AWB, CNN repeatedly ran stories about the proposed AWB showing a spokes-cop firing a fully automatic M-16 on full auto. Meanwhile the audio is describing the benefits of banning or restricting semi-auto firearms.

The juxtaposition was intentional as it ran that way for a week. The story went away rather than being corrected. I wouldn't be a bit surprised if the file footage is filed under 'semi-automatic firearm being shot'
Ronbert is offline  
Old May 31, 2011, 03:13 PM   #13
Eghad
Senior Member
 
Join Date: May 28, 2005
Location: Texas
Posts: 6,231
The Council Member and Chief are clueless if they think an assault weapons bas is going to keep these weapons out of the hands of gangs.

They should concentrate on the problem. Law abiding citizens with the firearms they would ban are not the problem.
__________________
Have a nice day at the range

NRA Life Member
Eghad is offline  
Reply


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 06:37 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2021 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Page generated in 0.05451 seconds with 10 queries