South Florida Cities Sue to Overturn Preemption Law

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So 10 South Florida cities apparently filed a lawsuit to overturn the state's firearms preemption law, claiming that it is unconstitutional and that the fact that it actually carries penalties for officials trying to enact or enforce local laws that violate preemption causes a 'chilling effect' on trying to enact or enforce such laws. Well no $#!t Sherlock, that's exactly what it was meant to do, since simply having a preemption law with no penalties, like the state had for decades, didn't stop you from violating it. That's what all restrictive laws are meant to do, have a chilling effect on the behaviors they prohibit.

Notice that one city, Coral Cables, wants to pass a law that would prohibit the sale of any firearm “capable of fully automatic, semiautomatic or burst fire.”

http://www.sun-sentinel.com/local/browa ... story.html

By the way, I believe some of these same cities tried this when the law passed in 2011 and were shot down by the courts then, so this is just a political stunt that has no chance of going anywhere. But it sure is refreshing to see the antis publicly showing their true colors, so they can't go around lying about not wanting to come after your guns anymore.

Re: South Florida Cities Sue to Overturn Preemption Law

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In New Hampshire we have a problem with municipalities enacting ordinances in violation of state preemption because there is no penalty.
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Re: South Florida Cities Sue to Overturn Preemption Law

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They think they are sovereign city-states equal to FL. Their charters and powers come from the state, FL could abolish cities or counties or create new ones. So every state law a city doesn't like they just change by council vote? I have concerns about the penalties for local officials for violating that particular law, the court could change that. The FL Legislature should have targeted the funds these cities get from the state, hit them in the pocketbook. An interesting case to watch.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: South Florida Cities Sue to Overturn Preemption Law

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highdesert wrote: Tue Apr 03, 2018 10:12 am They think they are sovereign city-states equal to FL. Their charters and powers come from the state, FL could abolish cities or counties or create new ones. So every state law a city doesn't like they just change by council vote? I have concerns about the penalties for local officials for violating that particular law, the court could change that. The FL Legislature should have targeted the funds these cities get from the state, hit them in the pocketbook. An interesting case to watch.
Also I think there could be a civil rights case because the cities are wanting to deny the rights of their citizens to own guns the other citizens of the state are allowed to own under the Second Amendment and state law.
Facts do not cease to exist because they are ignored.-Huxley
"We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both." ~ Louis Brandeis,

Re: South Florida Cities Sue to Overturn Preemption Law

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highdesert wrote: Tue Apr 03, 2018 10:12 am I have concerns about the penalties for local officials for violating that particular law, the court could change that. The FL Legislature should have targeted the funds these cities get from the state, hit them in the pocketbook. An interesting case to watch.
That's essentially what existed before. The state wouldn't go after their funds, but citizens would sue, which amounted to the same thing. That didn't deter them, because you could only sue for actual damages, and the money was just tax money that the city politicians didn't mind throwing away, as long as it meant they could enforce whatever prohibition they wanted to enact. It wasn't until personal penalties against them were passed that they backed off. Besides, if they are intentionally violating the law, why shouldn't they be punished, just because they do it under the color of authority?

Re: South Florida Cities Sue to Overturn Preemption Law

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Unfortunately in Florida knife laws are not preempted. The penalty for carrying an assisted opening pocket knife in Miami is mandatory 6 month imprisonment and a $1000 fine. Regardless if you have a "Concealed Weapon OR Firearm License" or not.

I keep imagining the criminal that wakes up one day and decides to rob someone and then says to themselves "Dang, I don't have an assisted opening knife!" Obviously then we are safe for one more day.

And Miami-Dade are the only counties in the US where pit bulls are illegal. No signs when you enter the county, so how are you suppose to know?

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