Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida: Letter to the Leon County Commissioners Stating Ordinance Could Lead to Gun Ban and/or Confiscation

Friday, November 15, 2013

The Gun Writer, Lee Williams, of the Herald-Tribune commented on his blog, Hammer: Leon County ordinance could lead to gun ban, confiscation on past NRA President and Executive Director of Unified Sportsmen of Florida Marion Hammer’s letter to the Leon County Board of Commissioners. 

 

Lee's note: USF Executive Director Marion Hammer sent a blunt letter to the Leon County commissioners this week, who are drafting their own gun bill and pressuring licensed dealers for help.

Two things stand out.

Hammer says if the county's gun dealer's balk at the bill, it becomes a de facto ban on private sales. More troublesome, some of the small print could actually require gun dealers to confiscate firearms from individuals.”

Below is a copy of Ms. Hammer's letter to the Leon County Commissioners:

Commissioners,

I keep hearing that you need more information, more discussion so let me try
to help you with that.

FIRST:  Have any of you actually asked Sheriff Campbell for his opinion on whether he thinks this ordinance is a good idea or whether or not it is needed?

We all know that if you pass an ordinance, he will have no choice other that to try to enforce it -- BUT he's the top law enforcement officer the county so don't you think somebody should ask him for his advice?

SECOND: Leon County can't implement this ordinance if FFLs refuse to participate.

If dealers refuse to participate, the ordinances would then be a defacto ban on private sales  by collectors and private citizens at gun shows and at any place to which the public has the right of access.

Dealers SHOULD refuse to participate because you would be putting them in a
bad legal position and cause problems for dealers. You will be pitting them
against their customers and their friends and neighbors.

If you read the letter from county attorney  sent to dealers then you know you are putting dealers in a horrible position.

Under the ordinance, the dealer would have to take the firearm from the seller.  It has to be transferred into the dealer's inventory before doing a background check.

The dealer would conduct a background check through FDLE -- the access point
to NICS.

If FDLE/NICS denies the sale because the check on the purchaser comes back
ineligible, the dealer has to then do a background check on seller before they can return his personal private property to him.

If FDLE/NCIS denies the transfer back to the seller claiming the seller is ineligible for transfer, then the dealer is required to confiscate the seller's personally owned firearm.

I can see really bad things arising from this situation, and no dealer in their right mind wants to be put into the position of confiscating a private firearm.

Commissioners should not want to be a party to an ordinance that can lead to
CONFISCATION OF PRIVATE FIREARMS.

NICS database and background checks are notoriously inaccurate, so suddenly a
private businessman is confiscating firearms, because you imposed an ordinance
forcing a private a seller to sign his private firearm over to the dealer for
purposes of the transaction.

Further, nobody seems to know what a dealer is supposed to do with the firearm once he has confiscated it.  It doesn't belong to him.  He can't sell it.  He can't give it away.  Does he just hold it forever?

Does he turn it over to the Sheriff so that the Sheriff is responsible for confiscated firearms?

Does he turn it over the Board of County Commissioners?  It's your ordinance.  Do you want the confiscated firearms?

If a private citizen is put in this position and his private firearm confiscated because of a mistake who will he bring legal action against?

This is a bad idea and the sooner you kill it the better.

Marion  Hammer
Past President NRA
Executive Director Unified Sportsmen of Florida

IN THIS ARTICLE
Florida Gun Shows
TRENDING NOW
DOJ Releases Biden Gun Confiscation Order Legislation

News  

Wednesday, June 9, 2021

DOJ Releases Biden Gun Confiscation Order Legislation

DOJ has made clear that Garland’s selective definition of “civil rights” has no room for the Second Amendment...

ATF Targets Pistol Stabilizing Braces in New Rulemaking

News  

Wednesday, June 9, 2021

ATF Targets Pistol Stabilizing Braces in New Rulemaking

On June 7th, ATF published a new notice of proposed rulemaking on its website...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Virginia: Albemarle County Considering Gun Ban

Friday, June 18, 2021

Virginia: Albemarle County Considering Gun Ban

No summary available

NRA Leadership joins Texas Governor for Special Signing Ceremony of Landmark Bill at The Alamo

News  

Thursday, June 17, 2021

NRA Leadership joins Texas Governor for Special Signing Ceremony of Landmark Bill at The Alamo

NRA Leadership including Wayne LaPierre joined Texas Gov. Greg Abbott at the Alamo for the ceremonial signing of a historical NRA-backed constitutional carry bill. 

California: San Jose Puts New Restrictions on Firearm Businesses

Thursday, June 17, 2021

California: San Jose Puts New Restrictions on Firearm Businesses

On June 15th, the San Jose City Council unanimously passed File 21-1393, to place additional restrictions on firearm businesses, on top of the many existing city, state, and federal laws. It is expected to go into effect ...

Louisiana: Texas Governor Signs Constitutional Carry Bill Despite Pressure from Far Left Anti-2A Groups: Will Edwards Do the Same?

Friday, June 18, 2021

Louisiana: Texas Governor Signs Constitutional Carry Bill Despite Pressure from Far Left Anti-2A Groups: Will Edwards Do the Same?

This week, Texas became the 21st state to enact Constitutional Carry after Governor Greg Abbott signed TX House Bill 1927. 

Arizona state flag

Friday, June 18, 2021

Arizona: State House Issues Proclamation Against David Chipman Nomination

Yesterday, the Arizona state House of Representatives issued a proclamation opposing the nomination of David Chipman to be the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives and asking Senator Mark Kelly to ...

“Serious Errors” in FBI Reports of Shooting Incidents

News  

Monday, June 14, 2021

“Serious Errors” in FBI Reports of Shooting Incidents

Dr. John Lott, Jr. of the Crime Prevention Research Center (CPRC) recently released a paper ...

Texas Governor Greg Abbott Signs NRA-Backed Constitutional Carry Bill Into Law!

Thursday, June 17, 2021

Texas Governor Greg Abbott Signs NRA-Backed Constitutional Carry Bill Into Law!

All of your hard work and persistence has paid off!  Today, Governor Greg Abbott signed House Bill 1927, NRA-backed constitutional carry legislation authored by Rep. Matt Schaefer (R-Tyler), into law.  The historic bill signing fittingly took place at the Shrine of ...

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.