Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

ALERT ** ROUND 23 ** STOP Local Governments from Violating State Law in Florida

Wednesday, April 13, 2011

DATE:      April 13, 2011
TO:           USF & NRA Members and Friends
FROM:     Marion P. Hammer
                  USF Executive Director
                  NRA Past President

Senate Bill 402, introduced by state Senator Joe Negron (R-28) has been scheduled to be heard in the Senate Rules Committee on Friday, April 15 at 9:15 a.m. 

SB 402 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.
 
SB 402 is a bill to STOP local politicians and governments from violating state law by providing penalties for willful violations.

YOUR CONTINUING SUPPORT IS CRITICAL TO OUR EFFORTS!

YOU SPEAK AND THEY LISTEN!

 

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


PLEASE IMMEDIATELY E-MAIL Members of the Senate Rules Committee!

In the subject line put: 

SUPPORT SB-402 -- 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)

thrasher.john.web@flsenate.gov
alexander.jd.web@flsenate.gov,
bullard.larcenia.web@flsenate.gov,
flores.anitere.web@flsenate.gov,
gaetz.don.web@flsenate.gov,
gardiner.andy.web@flsenate.gov,
jones.dennis.web@flsenate.gov,
margolis.gwen@web@flsenate.gov,
negron.joe.web@flsenate.gov,
richter.garrett.web@flsenate.gov,
siplin.gary.web@flsenate.gov,
smith.chris.web@flsenate.gov,
wise.stephen.web@flsenate.gov

BACKGROUND and WHY THIS 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!

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.

TRENDING NOW
Reuniting The United States With Reciprocity

Wednesday, September 20, 2017

Reuniting The United States With Reciprocity

Most concealed-carry permit holders understand the potential pitfalls of traveling with a firearm, given the outrageous patchwork of state laws involved in even a short interstate trip. And while we haven’t posted much about reciprocity ...

National Reciprocity Bill Nears Goal Line in the House but Needs Your Support to Reach the End Zone

News  

Friday, September 15, 2017

National Reciprocity Bill Nears Goal Line in the House but Needs Your Support to Reach the End Zone

Gun owners received good news this week with the passage of the SHARE Act by the U.S. House Committee on Natural Resources (see related story). Meanwhile, progress continued to be made on another NRA legislative ...

House Committee Passes SHARE Act by Wide Margin

Hunting  

News  

Friday, September 15, 2017

House Committee Passes SHARE Act by Wide Margin

As we have reported, this year’s version of the SHARE Act is the most expansive and far-reaching yet. Besides previously-introduced provisions aimed at enhancing opportunities for hunting, fishing, and shooting and broadening access to federal lands ...

Urban Myth: Crime Doesn’t Pay – California City Authorizes Stipends to Gang Members

News  

Friday, September 15, 2017

Urban Myth: Crime Doesn’t Pay – California City Authorizes Stipends to Gang Members

In a special meeting on August 29, the nine-member City Council of Sacramento unanimously agreed to allocate $1.5 million in funding and to move forward with a “gun-violence reduction strategy” that will include cash payments ...

Bloomberg Spending Millions To Elect Anti-Gun Virginia Governor

News  

Wednesday, September 20, 2017

Bloomberg Spending Millions To Elect Anti-Gun Virginia Governor

Billionaire anti-gunner Michael Bloomberg is at it again, pledging to spend $1 million through his gun control group Everytown for Gun Safety in an attempt to impact Virginia’s upcoming elections for governor and attorney general.

Wisconsin: Constitutional Carry Passes Committee Vote

Tuesday, September 19, 2017

Wisconsin: Constitutional Carry Passes Committee Vote

Today, Senate Bill 169 passed the Senate Judiciary Committee with a vote of 3-2.  SB 169 would allow for the concealed carry of a firearm without a concealed carry license anywhere in the state where ...

Anti-Gun Politicians: Blocking Out The Facts About Suppressors

Hunting  

Thursday, September 21, 2017

Anti-Gun Politicians: Blocking Out The Facts About Suppressors

As soon as the Hearing Protection Act was put forward on Jan. 9, 2017, leftists came out of the woodwork to criticize and misconstrue the goals of those who supported removing suppressors from the auspices ...

NRA Backed SHARE Act Passes Committee

News  

Wednesday, September 13, 2017

NRA Backed SHARE Act Passes Committee

“Today marks an important step in protecting the Second Amendment freedoms of America’s hunters and sportsmen and strengthening our outdoor heritage,” said Chris W. Cox, executive director, NRA-ILA. “The SHARE Act will cut burdensome red tape that restricts ...

NRA Applauds Reintroduction and Expansion of SHARE Act

News  

Hunting  

Friday, September 8, 2017

NRA Applauds Reintroduction and Expansion of SHARE Act

On Sept. 1, U.S. Congressman Jeff Duncan introduced H.R. 3668, the Sportsman’s Heritage and Recreational Enhancement Act (SHARE Act), a wide-ranging package of legislation aimed at promoting Second Amendment rights and America’s outdoor sporting traditions.

“What Happened”: Clinton Recognizes NRA’s Power, Rewrites History, and Urges Dems to Double-down on Gun Control

News  

Friday, September 15, 2017

“What Happened”: Clinton Recognizes NRA’s Power, Rewrites History, and Urges Dems to Double-down on Gun Control

This week, twice-failed presidential candidate Hillary Clinton released her new book, “What Happened,” which chiefly serves to assign blame to the myriad politicians, journalists, organizations, countries, prejudices, and technologies she claims caused her defeat. Gun ...

MORE TRENDING +
LESS TRENDING -
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.