Florida Cities Violating State Preemption on Gun Laws Since 1987

Bartholomew Roberts · October 4, 2011, 08:26 AM

Via Instapundit, I came across a great article in the Florida Sun-Sentinel about the new law there. Basically, Florida has had statewide preemption of firearms laws since 1987; but because there was no penalty, many local politicians chose to violate that law and impose stricter laws than those allowed by state law.

The NRA got involved and passed a law this past year establishing $5,000 fines and even loss of office for politicians who violate the state's preemeption law, causing much gnashing of teeth and wailing amongst the crowd who has been happily violating a fundamental right under the Bill of Rights as well as Florida's own state law for almost 25 years now.

The article is a great read because the hypocrisy and detachment is just unbelievable. In addition to the typical "blood in the streets" commentary we've all come to know and loathe, they've added "people shooting into the air in celebratory gunfire" a la the Simpsons Texas guy as one of the predicted results of forcing these cities to comply with state law.

As a bonus to the schadenfreude, reading the article also gives you a handy list of names of Florida politicians who think it is OK to violate both state law and your fundamental civil rights; but are somehow still in office.

raisitup · October 4, 2011, 12:05 PM

"Joseph Gallegos, Wilton Manors city manager, said his city's commissioners were "mortified by the changes." He was instructed last week to write a letter to Gov. Rick Scott asking that the law be repealed."

First, I don't think Wilton Manors has much pull with the governor. Second, hopefully the resident (oh OK, residentS) of Wilton Manors might question their city fathers as to why they were openly violating a law on the books since 1987, and why now they're upset about the potential for them being punished for breaking a law.

Ryan

Bartholomew Roberts · October 4, 2011, 12:09 PM

You've got to love the part where one of the local politicians complains about "intimidation" being used against them.

You mean "intimidation" like threatening to arrest citizens for doing something that is legal under both state and federal law?

KyJim · October 4, 2011, 05:37 PM

Glad to see the penalty provision added. While someone arrested in violation of the preemption provision might have a civil lawsuit, most law abiding citizens don't want to be arrested just to prove a point.

blume357 · October 13, 2011, 08:03 AM

I think the point is you would get arrested by the local authorities and eventually the charges would be dismissed because of the state preemption law... in the mean time...you've spent time in jail and probably made a lawyer a good bit of money.

Don P · October 14, 2011, 07:58 AM

In a previous post on another thread I pasted info there and I'll do it here,
The info below can be found here, http://www.nraila.org/Legislation/St...fic.aspx?st=FL

Quote:

Florida: Broward Commission wants Broward 'exempt' from gun legislation

Broward County Commissioners will ask Florida Legislators to exempt Broward County from House Bill 45, the recently enacted state law that allows anyone with a concealed weapons permit to take a handgun into a public building or park. The law also includes fines of up to $5,000 for each appointed or elected official who violates the law, holding them personally liable.

Read About It: Broward County (Fla.)

Florida: West Palm mayor revises executive order on guns in City Hall -- again

It's take three for West Palm Beach Mayor Jeri Muoio as she tries to come up with an executive order on guns that meets her City Hall safety concerns but goes no further than new state gun rights provisions allow.

Read About It: The South Florida Sun Sentinel (Fort Lauderdale, Fla.)

Florida: Key West must repeal some gun bans

The Legislature in spring passed the Joe Carlucci Uniform Firearms Act, which makes all future and existing local government ordinances related to gun regulation illegal. By today, local communities are supposed to enact new ordinances or repeal old rules that contradict state gun laws.

Read About It: The Key West Citizen (Fla.)

October 4, 2011, 08:26 AM	#1
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	Florida Cities Violating State Preemption on Gun Laws Since 1987 Via Instapundit, I came across a great article in the Florida Sun-Sentinel about the new law there. Basically, Florida has had statewide preemption of firearms laws since 1987; but because there was no penalty, many local politicians chose to violate that law and impose stricter laws than those allowed by state law. The NRA got involved and passed a law this past year establishing $5,000 fines and even loss of office for politicians who violate the state's preemeption law, causing much gnashing of teeth and wailing amongst the crowd who has been happily violating a fundamental right under the Bill of Rights as well as Florida's own state law for almost 25 years now. The article is a great read because the hypocrisy and detachment is just unbelievable. In addition to the typical "blood in the streets" commentary we've all come to know and loathe, they've added "people shooting into the air in celebratory gunfire" a la the Simpsons Texas guy as one of the predicted results of forcing these cities to comply with state law. As a bonus to the schadenfreude, reading the article also gives you a handy list of names of Florida politicians who think it is OK to violate both state law and your fundamental civil rights; but are somehow still in office.

October 4, 2011, 12:05 PM	#2
raisitup Member Join Date: January 2, 2010 Location: Orlando, FL Posts: 56	"Joseph Gallegos, Wilton Manors city manager, said his city's commissioners were "mortified by the changes." He was instructed last week to write a letter to Gov. Rick Scott asking that the law be repealed." First, I don't think Wilton Manors has much pull with the governor. Second, hopefully the resident (oh OK, residentS) of Wilton Manors might question their city fathers as to why they were openly violating a law on the books since 1987, and why now they're upset about the potential for them being punished for breaking a law. Ryan

October 4, 2011, 12:09 PM	#3
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	You've got to love the part where one of the local politicians complains about "intimidation" being used against them. You mean "intimidation" like threatening to arrest citizens for doing something that is legal under both state and federal law?

October 4, 2011, 05:37 PM	#4
KyJim Senior Member Join Date: July 26, 2005 Location: The Bluegrass Posts: 9,142	Glad to see the penalty provision added. While someone arrested in violation of the preemption provision might have a civil lawsuit, most law abiding citizens don't want to be arrested just to prove a point.

October 13, 2011, 08:03 AM	#5
blume357 Senior Member Join Date: August 2, 2005 Location: Greenville, SC Posts: 3,943	I think the point is you would get arrested by the local authorities and eventually the charges would be dismissed because of the state preemption law... in the mean time...you've spent time in jail and probably made a lawyer a good bit of money.