Do we FL gun owners have a class action Suit against Bloomberg?

Do we FL gun owners have a class action Suit against Bloomberg?

This is a discussion on Do we FL gun owners have a class action Suit against Bloomberg? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; This is going to be a long press release so I will post the link to "Mayors Against Illegal Guns" press release and only post ...

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Thread: Do we FL gun owners have a class action Suit against Bloomberg?

  1. #1
    Senior Member Array InspectorGadget's Avatar
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    Do we FL gun owners have a class action Suit against Bloomberg?

    This is going to be a long press release so I will post the link to "Mayors Against Illegal Guns" press release and only post the interesting points.

    http://www.mayorsagainstillegalguns....pr007-08.shtml

    The Voluntary Code - A Set of Retail Best Practices - Goes Beyond What is Required by Law

    Videotaping the Point of Sale for All Firearms Transactions. Participating retailers will videotape the point-of-sale of all firearms transactions and maintain videos for 6 months to deter illegal purchases and monitor employees.

    Computerized Crime Gun Trace Log and Alert System. Mayors Against Illegal Guns will develop a computerized system that participating retailers will implement over time to log crime gun traces relating to the retailer. Once the program is in place, if a customer who has a prior trace at that retailer attempts to purchase a firearm, the sale will be electronically flagged. The retailer would have discretion to proceed with the sale or stop the sale.

    Now lets look at Florida Law, this may apply to other States where registration is Illegal, but I am in Florida.

    790.335 Prohibition of registration of firearms; electronic records.—
    Statutes & Constitution :View Statutes : Online Sunshine

    4. (f) 3. Except as required by federal law, any firearm records kept pursuant to chapter 538 or chapter 539 shall not, at any time, be electronically transferred to any public or private entity, agency, business, or enterprise, nor shall any such records be copied or transferred for purposes of accumulation of such records into lists, registries, or databases.
    Although as Mayors they have limited immunity in their official capacity, MAIG is not an official Govt. Entity. Bloomy has NO immunity for his actions in regards to them. Has anyone in a state where registration is illegal subpoenaed his gun registration records to see if anyone from a state where registration is illegal, or anyone in general sued to find if MAIG has them on file as a legal gun owner. In Florida this could be a class action suit to see their database with both Criminal and Civil redress. Anyone from Florida on the list could retire with the money from Bloomberg. I think there are other states where registration is illegal too but I do not know them right off.
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    VIP Member Array David in FL's Avatar
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    IANAL, but the "records" to which you refer are not being "kept pursuant to chapter 538 or chapter 539", so I don't know that this particular program would violate the statute.
    "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

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  3. #3
    Senior Member Array InspectorGadget's Avatar
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    I actually posted the wrong section of the law (that one applies to Pawn Brokers) Sorry.

    (d) Firearm records that must be retained by firearm dealers under federal law, including copies of such records transmitted to law enforcement agencies. However, no state governmental agency or local government, special district, or other political subdivision or official, agent, or employee of such state or other governmental entity or any other person, private or public, shall accumulate, compile, computerize, or otherwise collect or convert such written records into any form of list, registry, or database for any purpose.
    (a) Any person who, or entity that, violates a provision of this section commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
    Colt 1911 New Agent, CTLaser

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    Member Array FLSquirrelHunter's Avatar
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    ianal2, but unless I have suffered damage, what can I claim? (hint: nada)

    On the other hand, anyone with proof that Bloomer encouraged a Floridian to do so could file a criminal complaint; to solicit or conspire to commit a felony is itself a felony.

    Without such proof, don't waste the Sheriff's time.

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