Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

ALERT ** ROUND 18 ** STOP Local Governments from Violating State Law in Florida

Tuesday, April 5, 2011

DATE:      April 5, 2011
TO:          USF & NRA Members and Friends
FROM:     Marion P. Hammer
                USF Executive Director 
                NRA Past President

House Bill 45, introduced by state Representative Matt Gaetz (R-4) has been scheduled to be heard in the House Judiciary Committee this Thursday, April 7 at 8:00 a.m. 

HB 45 would simply provide penalties for government officials, local governments and agencies that willfully and knowingly violate the state firearms preemption law.  State law prohibits local governments and government agencies from adopting any gun control ordinances or regulations.  There are some who are arrogantly violating the law because there are no penalties currently in the law.
 
HB 45 is a bill to STOP local politicians and governments from violating state law by providing penalties for willful violations.

You must act quickly.  URGENT!  This Committee Must Hear From You

PLEASE IMMEDIATELY E-MAIL Members of the House Judiciary Committee

In the subject line put: 

SUPPORT HB- 45 -- Stop local governments from violating state law.


(Block and Copy All email addresses into the "Send To" box -- A few email providers require that you remove the commas following each email address)

william.snyder@myfloridahouse.gov,
charles.mcburney@myfloridahouse.gov,
dennis.baxley@myfloridahouse.gov,
daphne.campbell@myfloridahouse.gov,
eric.eisnaugle@myfloridahouse.gov,
matt.gaetz@myfloridahouse.gov,
tom.goodson@myfloridahouse.gov,
bill.hager@myfloridahouse.gov,
shawn.harrison@myfloridahouse.gov,
john.julien@myfloridahouse.gov,
larry.metz@myfloridahouse.gov,
kathleen.passidomo@myfloridahouse.gov,
ray.pilon@myfloridahouse.gov,
ari.porth@myfloridahouse.gov,
elaine.schwartz@myfloridahouse.gov,
darren.soto@myfloridahouse.gov,
richard.steinberg@myfloridahouse.gov,
greg.steube@myfloridahouse.gov,

BACKGROUND and WHY HB 45 IS 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!

HB 45 provides 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 HB 45.
TRENDING NOW
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.

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 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, ...

Obama Lies about Guns… Again

News  

Friday, June 14, 2019

Obama Lies about Guns… Again

Despite no longer living in the White House, former President Barack Obama continues to be a headache to law-abiding Americans. On May 30, Obama spoke at a digital innovation event in Brazil. During the onstage ...

I wish the gay community were more accepting of gun supporters. I should know.

WashingtonPost.com  

Monday, June 17, 2019

I wish the gay community were more accepting of gun supporters. I should know.

Last June, I attended my first Pride parade. I’m a 24-year-old gay man, and the downtown D.C. event came two months after I started my new job as social media manager for the National Rifle Association. ...

California: Anti-Gun bills still moving forward and more scheduled to be heard next week

Friday, June 14, 2019

California: Anti-Gun bills still moving forward and more scheduled to be heard next week

Next Tuesday, June 18, the Senate Public Safety Committee is scheduled to hear anti-gun bills, AB 12 and AB 61.  On Wednesday, June 19, the Assembly Appropriations Committee has scheduled Senate Bill 220. 

Advice Columnist Tells Father to Evict Daughter from His House for Owning a Gun

News  

Friday, June 14, 2019

Advice Columnist Tells Father to Evict Daughter from His House for Owning a Gun

Amy Dickinson is an advice columnist who, according to the company that syndicates her work, “combines storytelling with advice that is rooted with honesty and trust.” “Ask Amy” appears in newspapers that include The Baltimore Sun, ...

Pittsburgh Mayor Presents DICK’S CEO an Award for Gun Control Advocacy

News  

Friday, June 14, 2019

Pittsburgh Mayor Presents DICK’S CEO an Award for Gun Control Advocacy

On June 4-5, the annual Yale Mayors College & CEO Summit was held in New York City. The theme of this year’s CEO Summit was “Trumpeting the Issues without Becoming the Issue: Selective Use of CEO Voice.” ...

Bloomberg Course: Ineffective Policies and Non-Existent Technology

News  

Friday, June 14, 2019

Bloomberg Course: Ineffective Policies and Non-Existent Technology

This week in the online course “Reducing Gun Violence in America: Evidence for Change” is a real rollercoaster. Week Five is titled “Regulating Gun Design, Enforcing Gun Laws, and Reducing Police-Involved Shootings” covers so-called assault ...

New Jersey “Smart Gun” Law Gets an F Grade

News  

Friday, June 14, 2019

New Jersey “Smart Gun” Law Gets an F Grade

After signing six gun control measures into law a year ago, New Jersey Governor Phil Murphy warned that “Our work is far from done.” Several new bills are now making the rounds in a state already notorious ...

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.