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
Seattle Gun Tax Fails to Generate Projected Revenue, Succeeds in Burdening Rights

News  

Gun Laws  

Friday, March 24, 2017

Seattle Gun Tax Fails to Generate Projected Revenue, Succeeds in Burdening Rights

On March 16, 2017, the Seattle Times reported that Seattle city officials were reluctant to release data on the revenue generated by the city’s firearms and ammunition tax, citing taxpayer confidentiality concerns. Less than a ...

Wisconsin: Important Right to Carry Bill Introduced

Tuesday, March 28, 2017

Wisconsin: Important Right to Carry Bill Introduced

Today, LRB 2039/1 was introduced to the Wisconsin State Legislature.  This Right to Carry bill would allow for the concealed carry of a firearm without a concealed carry license anywhere in the state where an ...

Trump’s Supreme Court Nominee Embraces Heller and Originalism During Senate Hearings

News  

Second Amendment  

Friday, March 24, 2017

Trump’s Supreme Court Nominee Embraces Heller and Originalism During Senate Hearings

Judge Neil M. Gorsuch, President Trump’s pick to replace the late Justice Antonin Scalia on the U.S. Supreme court, asserted during his confirmation hearings this week that Scalia’s landmark Second Amendment opinion in District of ...

The Washington Post Gives Gun Control Group and U.S. Senator Three Pinocchios on Suppressors

News  

Second Amendment  

Friday, March 24, 2017

The Washington Post Gives Gun Control Group and U.S. Senator Three Pinocchios on Suppressors

Last week, we wrote about Americans for Responsible Solutions’ irresponsible misinformation about The Hearing Protection Act on Twitter.  Apparently, we weren’t the only ones who took notice of ARS’s complete disregard for the facts on ...

California: One Gun a Month Bill Pulled from Senate Public Safety Hearing

Tuesday, March 28, 2017

California: One Gun a Month Bill Pulled from Senate Public Safety Hearing

Today, Tuesday, March 28, anti-gun SB 497, was scheduled to be heard in the Senate Public Safety Committee.  At the last minute, the bill was pulled from today's agenda. Thank you to all who contacted the ...

Virginia Action Needed: Governor McAuliffe Vetoes Self-Defense Bills

Monday, March 27, 2017

Virginia Action Needed: Governor McAuliffe Vetoes Self-Defense Bills

Following their passage in the Virginia General Assembly, Governor Terry McAuliffe vetoed multiple self-defense bills; Senate Bill 1299, Senate Bill 1300, House Bill 1852, and House Bill 1853. 

Texas: Senate Passes SB 16, LTC Fee Reduction Bill, by Overwhelming Vote

Tuesday, March 28, 2017

Texas: Senate Passes SB 16, LTC Fee Reduction Bill, by Overwhelming Vote

On Monday, the Texas Senate voted to pass Senate Bill 16, NRA-backed legislation sponsored by State Sen. Robert Nichols (R-Jacksonville) and Joan Huffman (R-Houston), on a 26-5 vote.

News  

Monday, March 27, 2017

NRA Applauds Texas State Senate for Passing SB 16

The National Rifle Association Institute for Legislative Action applauds the Texas Senate today for passing Senate Bill 16, legislation that substantially reduces License To Carry fees in the Lone Star state.

California: Anti-Gun Bill Limiting Firearm Purchases to be Heard in Senate Public Safety on Tuesday, March 28

Friday, March 24, 2017

California: Anti-Gun Bill Limiting Firearm Purchases to be Heard in Senate Public Safety on Tuesday, March 28

On Tuesday, March 28, anti-gun SB 497, is scheduled to be heard in the Senate Public Safety Committee.  SB 497 would expand the existing one handgun a month law to include ALL guns.  

Georgia: Senate Passes Pro-Gun Bills – Governor Needs to Hear From You!

Tuesday, March 28, 2017

Georgia: Senate Passes Pro-Gun Bills – Governor Needs to Hear From You!

Today, the Georgia Senate passed pro-gun bills; House Bill 406, House Bill 292, and House Bill 280. 

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.