Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

** REPORT on Rounds 1 & 2 ** Stopping Firearms Preemption Violations by Local Government Officials across Florida

Tuesday, February 8, 2011

DATE:        February 18, 2011
TO:            USF & NRA Member and Friends
FROM:       Marion P. Hammer
                 USF Executive Director
                 NRA Past President

REPORT ON  ROUND 1 **  STOP Local Governments across Florida From Violating State Law

Senate Bill 402, introduced by state Senator Joe Negron (R-28), was heard today, February 8 in the Senate Criminal Justice Committee.  SB 402 PASSED by a vote of 3 to 2.

SB 402 would provide penalties for government officials, local governments and agencies that willfully and knowingly violate the state firearms preemption law. There are no penalties currently in the law.

Voting to uphold Florida law, the Constitution and to protect your firearms rights were the following:

Senator Greg Evers (R-2)  evers.greg.web@flsenate.gov;

Senator Charlie Dean (R-3)  dean.charles.web@flsenate.gov;

Senator Paula Dockery (R-15) dockery.paula.web@flsenate.gov;


Voting against punishing local officials for violating Florida law were:

Senator Gwen Margolis (D-35) margolis.gwen@web.flsenate.gov;

Senator Chris Smith (D-29)  smith.chris.web@flsenate.gov;


Your e-mail to Senators was very effective (profuse thanks for your help).

REPORT ON  ROUND 2 **  House Subcommittee to Hear Legislation to STOP Governments Across Florida from Violating State Law

House Bill 45, introduced by state Representative Matt Gaetz (R-4), was heard today, February 8 in the House Criminal Justice Subcommittee.  HB 45 PASSED by a vote of 10 to 4.

HB 45 would provide penalties for government officials, local governments and agencies that willfully and knowingly violate the state firearms preemption law. There are no penalties currently in the law.

Voting to uphold Florida law, the Constitution and to protect your firearms rights were the following:

Representative Dennis Baxley (R-24)  dennis.baxley@myfloridahouse.gov;

Representative Rich Glorioso (R-62)    rich.glorioso@myfloridahouse.gov;

Representative James Grant (R-47)    james.grant@myfloridahouse.gov;

Representative Gayle Harrell (R-81)    gayle.harrell@myfloridahouse.gov;

Representative Charles McBurney (R-16)  charles.mcburney@myfloridahouse.gov;

Representative Keith Perry (R-22)   keith.perry@myfloridahouse.gov;

Representative Ray Pilon (R-69)    ray.pilon@myfloridahouse.gov;

Representative John Tobia (R-31)    john.tobia@myfloridahouse.gov;

Representative Carols Trujillo (R-116)   carlos.trujillo@myfloridahouse.gov;

Representative Charles VanZant (R-21)  charles.vanzant@myfloridahouse.gov;


Voting
AGAINST the bill and therefore against punishing local officials for violating Florida law were:

Representative Daphne Campbell (D-108)  daphne.campbell@myfloridahouse.gov;

Representative John Julian (D-104)   john.julien@myfloridahouse.gov;

Representative Ari Porth (D-96)  ari.porth@myfloridahouse.gov;

Representative Perry Thurston (D-93)  perry.thurston@myfloridahouse.gov;


ABSENT: Representative Dwight Bullard (D-118)

Thanks again for all the e-mails to your Senators and Representatives.  They listen when you speak.

BACKGROUND AND WHY THESE BILLS ARE NEEDED

In 1987, the Florida Legislature passed a firearms preemption statute  (f.s.790.33) to provide uniformity of gun laws -- in fact, it is called the "Joe Carlucci Uniform Firearms Act."

It was intended to stop local governments from making criminals out of law-abiding citizens just because they simply crossed a city limit or county line.  It was intended to provide uniform gun laws so that no matter where in the state you live and no matter where in the state you travel, the same gun laws apply.

Unfortunately, the law contains no penalties for violations because no one ever imagined that local elected officials and government workers would willfully and knowingly violate state law.

The absence of penalties has lead to many intentional violations and has resulted in subsequent lawsuits to protect the rights of law-abiding citizens.

Over and over again, NRA attorneys have written letters to local governments informing them that proposed ordinances violate state law.  Unfortunately, when their lawyers confirm that the ordinance would be illegal, they usually also explain that there are no penalties for violating the law -- consequently, some jurisdictions have arrogantly thumbed their noses at state law and have passed illegal ordinances anyway.

In 2000, the City of South Miami was one of the cities that NRA lawyers wrote concerning a proposed ordinance that violated state law.

The City's external counsel confirmed that it was a violation, but also noted that there were no penalties.  We were informed that city Commissioners were told that without penalties, they could do what they wanted to do.  Further, an illegal ordinance would stand until the City was sued and a court declared the ordinance void.

The rights of law-abiding gun-owners were being violated, so NRA sued.

NRA won the lawsuit and, in fact, the appellate court even noted in its opinion that the court had previously ruled that local ordinances violate state law.

The court refused to award NRA attorney's fees.  But nobody said the City couldn't use tax dollars to pay their own expenses and pay outside counsel to defend their illegal actions.  That is egregious.

So, not only did they violate the rights of residents but then they used their tax dollars to pay the legal fees of those who intentionally did it.

It is not the NRA's responsibility to enforce state law, but nobody else will do it because there are no specified penalties.

A local attorney is currently suing Lee County for violating the state preemption law.

In the Lee County case, not only did state Representative Paige Kreegel tell them their ordinance was illegal, but then-Attorney General Bill McCollum also told them.

This has to stop!

These bills provide penalties for local officials, local governments and agencies that willfully and knowingly violate the preemption law. These penalties are severe to deter further violations.

It is clear that some jurisdictions are predisposed to violating the law in the absence of severe penalties.  That's why the bill provides felony penalties for those who willfully and knowingly participate in the violation and up to a $5 million dollar fine for the offending entity.

Sound extreme?  In 2004, the legislature passed legislation prohibiting any form of gun registration or the compiling of any lists of gun owners or guns.  The penalties are identical to those in this bill; that's why they're in this one.

Gun registration schemes, lists and data bases that violated the law suddenly were destroyed.  To our knowledge, there have been no intentional violations since that law passed. There have been no prosecutions under that law.  It has been the ultimate deterrent.  Anyone who has unintentionally violated the law has immediately taken action to come into compliance when notified.

This is not about putting people in jail or imposing big fines -- unless absolutely necessary.  We just want local public officials, elected and otherwise, to quit violating the state law and stop trampling the rights of Florida’s law-abiding gun-owners.

 

Please continue to check your e-mail and www.NRAILA.org for updates on SB 402 and HB 45.
TRENDING NOW
Video: Arrogant Illinois State Senator Proposes Confiscating Guns

News  

Friday, June 21, 2019

Video: Arrogant Illinois State Senator Proposes Confiscating Guns

Anti-gun lawmakers, including some of those vying for the 2020 Democratic presidential nomination, are becoming increasingly open about their desire to confiscate firearms from law-abiding citizens and jail those who don’t comply. Perhaps taking a cue from their strident ...

Bloomberg Course: Certified in Advocacy

News  

Friday, June 21, 2019

Bloomberg Course: Certified in Advocacy

We did it. We “earned” a course certificate for the Bloomberg School’s massive open online course titled “Reducing Gun Violence in America: Evidence for Change.” After six grueling weeks we have heard what Michael Bloomberg’s ...

A Tale of Two Rallies

News  

Friday, June 21, 2019

A Tale of Two Rallies

The 2020 presidential contest is now underway in earnest. On Tuesday, President Trump officially kicked off his reelection campaign to a packed house at the 20,000 seat Amway Center in Orlando, FL. Earlier that day, ...

Governor Abbott Signs Ten Pro-Second Amendment Bills into Law

Monday, June 17, 2019

Governor Abbott Signs Ten Pro-Second Amendment Bills into Law

Governor Greg Abbott has now signed all of the NRA-supported legislation which the Texas Legislature sent him during the 2019 session.

California DOJ Proposes “Emergency” Regulations Requiring Federally  Compliant IDs for All Firearm and Ammunition Transfers

Tuesday, June 18, 2019

California DOJ Proposes “Emergency” Regulations Requiring Federally Compliant IDs for All Firearm and Ammunition Transfers

Yesterday, the California Department of Justice officially submitted proposed “emergency” regulations that, if adopted, would require federally compliant California driver license or identification cards whenever attempting to purchase a firearm and, beginning July 1, 2019, ...

New Jersey: Legislature Passes Smart Gun Legislation

Friday, June 21, 2019

New Jersey: Legislature Passes Smart Gun Legislation

On Thursday, both chambers of the New Jersey Legislature passed “smart gun” legislation despite this technology being more science fiction than reality.

California: Legislative Update and Hearings Next Week

Sunday, June 23, 2019

California: Legislative Update and Hearings Next Week

No summary available

Don’t Say They Didn’t Warn You: Left Leaning Voices Question Democrats’ Anti-Gun Proposals, Fervor

News  

Friday, June 7, 2019

Don’t Say They Didn’t Warn You: Left Leaning Voices Question Democrats’ Anti-Gun Proposals, Fervor

If the 2020 Democrat presidential primary is any indication, that party’s base and donor class will accept nothing less from their nominee than commitments to sweeping gun control. And the contenders appear happy to accommodate ...

California: NRA and CRPA Submit Opposition to DOJ’s Proposed “Emergency” Regulations Requiring Federally Compliant IDs for Firearm and Ammunition Transactions

Thursday, June 20, 2019

California: NRA and CRPA Submit Opposition to DOJ’s Proposed “Emergency” Regulations Requiring Federally Compliant IDs for Firearm and Ammunition Transactions

As reported earlier, the California Department of Justice recently proposed “emergency” regulations that, if adopted, would require federally compliant IDs whenever attempting to purchase a firearm and, beginning July 1, 2019, any ammunition in the ...

Oregon: Session Nears End, Senators Prevent a Quorum

Thursday, June 20, 2019

Oregon: Session Nears End, Senators Prevent a Quorum

Today, the Oregon Senate Minority Caucus left the Capitol building and are refusing to attend floor sessions in order to prevent a quorum on certain pieces of legislation.  Because of this, anti-gun legislators are now threatening ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.