Florida Cities and Counties Knowingly Continue to Break State Law

This is a discussion on Florida Cities and Counties Knowingly Continue to Break State Law within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; For Immediate Release - Thursday, July 21, 2011 Florida Carry, Inc. Fighting for All Floridians Rights to Keep and Bear Arms. ---------------------------------------------- Florida Cities and ...

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Thread: Florida Cities and Counties Knowingly Continue to Break State Law

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    Member Array StogieC's Avatar
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    Florida Cities and Counties Knowingly Continue to Break State Law

    For Immediate Release - Thursday, July 21, 2011


    Florida Carry, Inc.
    Fighting for All Floridians Rights to Keep and Bear Arms.
    ----------------------------------------------

    Florida Cities and Counties Knowingly Continue to Break State Law

    Since 1987 it has been illegal for local Florida governments to regulate firearms and ammunition. The preemption statute was passed then so that Florida gun owners would no longer face a patchwork of local laws that was impossible to keep up with. It was also passed to protect Floridians from local lawmakers who do not respect the citizens’ right to bear arms.

    The Florida Legislature never imagined that local leaders would thumb their noses at

    Tallahassee and intentionally break the law despite clear statute and appellate court decisions. But they have for the past 24 years and the patchwork continued.


    In 2010, Florida Carry, Inc. Co-Executive Director Richard Nascak and a cadre of volunteers organized on web forums (FCC) and banded together in an grassroots effort to fix the problems at the local level. They contacted local governments and were shocked at the reactions they got. Local leaders were quite happy to make criminals of lawful gun owners because there was no penalty for politicians and bureaucrats breaking the state preemption law.

    “So, sue us!” was the general and sometimes literal response. Lee County resident and attorney Patrick Buckley did just that. He filed a lawsuit against his county’s park carry ban, knowing there was no provision to even recover his costs and fees should he win.

    Richard Nascak engaged State Rep. Paige Kreegel for help and the NRA got involved to draft legislation that would put teeth in the long-abused statute.

    Volusia County traded arguments for months with Florida Carry, Inc. Co-Executive Director Sean Caranna over its woodland and airport carry bans but finally backed down and repealed the preempted ordinances in March 2011 once it became clear that the Firearms Preemption Enforceability bill was on track to pass.

    During the 2011 session, the legislature made it clear that they had had enough. On October 1st 2011, new penalties and a vehicle for recovery of attorney’s fees and costs goes in to effect. With about 70 days left, to act Florida counties, cities, and agencies are on notice. Florida Carry will hold local leaders accountable and finally clear up the patchwork of unlawful restrictions on the right to bear arms in Florida.


    Sean Caranna
    Florida Carry, Inc.
    www.FloridaCarry.org

    About: Florida Carry, Inc. is a non-profit, non-partisan, grassroots organization dedicated to advancing the fundamental civil right of all Floridians to keep and bear arms for self defense as guaranteed by the Second Amendment to the United States Constitution and Article I Section 8 of the Florida Constitution. Florida Carry, Inc. was organized by a group of Florida gun rights activists in order to better coordinate activities, effectively lobby the state legislature, and provide a legal entity capable of filing suit to demand compliance with state and federal law. Florida Carry stands only to represent our members and the over 7 million gun owners of Florida. We are not beholden to any national organization's agenda that may compromise that mission. Florida Carry works tirelessly toward repealing and striking down ill-conceived gun control laws that have been proven to provide safe havens to criminals and be deadly to law abiding citizens.
    I'll have what the gentleman on the floor is having.

    Executive Director, Florida Carry, Inc.
    Founder, Florida Open Carry Movement

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    Array RETSUPT99's Avatar
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    Although the open carry part of the legal efforts were not successful this portion of the effort finally puts teeth into the law.
    Way to go FL!
    I am glad that I live in a 'green' county.
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    Ex Member Array Yankeejib's Avatar
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    OK, for argument's sake, I'll be the phallus here. I've carried in FL for 4 years now, and in spite of my best efforts, I've interacted with LE a few times. Once I produce my card, no one has screwed with me. No one has disarmed me. No one has "violated" my right to carry. No one has "enforced" a local regulation on me. In fact, I would argue that my license (and my calm, respectful demeanor), has gotten me out of situations where I probably deserved a citation. I applaud efforts to unify the code, and remind local LE what their limitations and obligations are, but considering the percentage of people who legally carry in FL, I just don't see a problem. Oh, did I mention I don't support open carry. I appreciate all who have to jump through the hoops to possess a gun in public, and I see no violation of rights to obtain a license. There's far too many loser/deadbeats/morons running around to allow that. I equate it to electricians. When I hire an electrician, I have comfort knowing he is educated, experienced, knowledgeable, and licensed. Then, I know my house won't burn down due to bad wiring or poor work. Likewise, I appreciate that when 1 out of every 12 people have a carry license, I can trust their carry. We already see teenagers murdering their parents, thugs executing store clerks for $15, and strangers duecing the ice cream man for pocket change. These a/0's represent the worst of society, and in no way deserve to be able to carry sidearms without regulation. They already do. Why would we want to make that normal?

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    Member Array Keisukekun's Avatar
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    I believer the open carry lanuguage for Florida did not allow open carry without regulation. It simply states that a person with a CCW could not be prosecuted for not concealing his weapon which equated to open carry for CCW carriers only.

    Im glad this part is going through. I havent had any problems and Im sure most people havent but thats not teh point. If we have to follow the law or face consequences then our lawmakers also have to follow the law or face consequences, its as simple as that. As it is now nothing is stopping a local lawmaker from saying "firearms are illegal in my county." Yeh hes breaking teh law but to stop him from doing that soemone is going to have to spend tens of thounsands of dollars that wont be reimbursed to him if/when he wins.

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    mkh
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    Distinguished Member Array mkh's Avatar
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    The fines don't come into affect until 10/1/11 and I think counties and municipalities will ignore it until then.

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    Quote Originally Posted by mkh View Post
    The fines don't come into affect until 10/1/11 and I think counties and municipalities will ignore it until then.
    they will probably ignore it until some local official is prosecuted for violating the law, then if these local officials see the state will prosecute the illegal ordinances will then and only then go away

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    Member Array Keisukekun's Avatar
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    10/1/11 isnt that far away. Im sure once they have to start budgeting in fines for their local ordinances theyll change their minds.

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    Member Array Ianator's Avatar
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    As adults, we are mature enough that if someone says "Don't play with fire, you will get burned" But these politicians are like children. Instead of a mature adult talking to a mature adult these guys continue to play around until there is a physical discipline. Does that sound like an adult?! No, sounds like a kid.

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    Senior Member Array gdm320's Avatar
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    I can't wait to have some of the ridiculous crap that they try here in Palm Beach/Broward/Miami-Dade slapped down. I also can't wait until the first cop/municipality/county takes one in the face because they tried to ignore the 10/1/11 deadline.

    Nice work guys, I appreciate your efforts!
    "Bravery is the capacity to perform properly even when scared half to death." -- General Omar Bradley

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    It's a sad fact that some people only understand pain and that is what it takes to get the point across.

    Its also obvious that many of these people become politicians.

    In some cases,they are no better than the bully that beats up your kid for his milk money or just messes with him because he can.



    Sometimes you just have to pop a bully in the nose and make it bleed...then and only then will the bully stop.
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    VIP Member Array Harryball's Avatar
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    Good for florida, I hope it works out well, and the bullys get it in the end...
    Don"t let stupid be your skill set....

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    [QUOTE=Keisukekun;1985976]I believer the open carry lanuguage for Florida did not allow open carry without regulation. It simply states that a person with a CCW could not be prosecuted for not concealing his weapon which equated to open carry for CCW carriers only.

    QUOTE]

    I think you'd better read the amended law on "improper exhibition." OC is NOT legal with a CWFL. It only states that inadvertant, non-threatening exhibition isn't a violation of concealed carry. You can now "show" your firearm to someone, or if the wind blows you shirt up--that's okay. But open carry? Nothing has really changed there.
    Retired USAF E-8. Lighten up and enjoy life because:
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    Member Array Keisukekun's Avatar
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    Quote Originally Posted by OldVet View Post
    Quote Originally Posted by Keisukekun View Post
    I believer the open carry lanuguage for Florida did not allow open carry without regulation. It simply states that a person with a CCW could not be prosecuted for not concealing his weapon which equated to open carry for CCW carriers only.
    I think you'd better read the amended law on "improper exhibition." OC is NOT legal with a CWFL. It only states that inadvertant, non-threatening exhibition isn't a violation of concealed carry. You can now "show" your firearm to someone, or if the wind blows you shirt up--that's okay. But open carry? Nothing has really changed there.
    Yeh I know it was changed I was just stating what the original language was and that it did not equate to open carry for unlicensed individuals like the previous poster suggested

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    It's really a non-issue as state law says (and has since '87) that local laws are "null and void." So if some local yokel wishes to give me "The Ride" for a null and void county firearm ordinance, it will be an inconvenience to me and a costly mistake for him and the county.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

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    Member Array StogieC's Avatar
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    Quote Originally Posted by OldVet View Post
    It's really a non-issue as state law says (and has since '87) that local laws are "null and void." So if some local yokel wishes to give me "The Ride" for a null and void county firearm ordinance, it will be an inconvenience to me and a costly mistake for him and the county.
    Not everybody has the same cavalier attitude about being arrested for a voided law. I don't have the time or inclination to take "The Ride".
    I'll have what the gentleman on the floor is having.

    Executive Director, Florida Carry, Inc.
    Founder, Florida Open Carry Movement

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