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Davis v. Sails

Brimstone Baritone

Regular Member
Joined
Mar 26, 2010
Messages
786
Location
Leeds, Alabama, USA
I was reading court cases the other night and ran across this one. Here's an excerpt:
"This Court, speaking through Mr. Justice Ellis, in Pounds v. Darling, 75 Fla. 125, 77 So. 666, 668, L.R.A. 1918E, 949, pointed out the prerequisites of a valid ordinance, and said: `* * * To be valid an ordinance must be reasonable and not in conflict with any controlling provision or principal of law (Waller v. Osban, 60 Fla. 268, 52 So. 970); should it be within the powers expressly or impliedly conferred (Hardee v. Brown [56 Fla. 377, 47 So. 834], supra; Malone v. City of Quincy, 66 Fla. 52, 62 So. 922, Ann.Cas. 1916D, 208; Ferguson v. McDonald, 66 Fla. 494, 63 So. 915), and if any doubt exists as to the extent of a power attempted to be exercised by a municipality out of the usual range, or which may affect the common-law right of a citizen, it is to be resolved against the municipality (Anderson v. Shackleford, [74 Fla. 36], 76 So. 343 [L.R.A. 1918A, 139]).'

"An ordinance when in force should not in its application deprive the owner of a reasonable use and enjoyment of his own property, thereby depriving him of his property without due process of law or just compensation. The ownership of property is guaranteed by the State and Federal Constitutions. Frequently it becomes necessary for the property and use thereof to yield to constitutional regulations. While a municipality by ordinance may regulate or limit the use of property in behalf of the general welfare of its citizens, such action is authorized only in a constitutional manner. See City of Palmetto v. Katsch, 86 Fla. 506, 98 So. 352; Liggett Co. v. Amos, 104 Fla. 609, 141 So. 153." (192 So. at pages 874 and 875)

I wish Alabama had case law this clear on record. If y'all down in Florida had a better worded RKBA in your constitution, or we here in Alabama had this kind of case law, all our OC problems could have been solved by now. :D
 

77zach

Regular Member
Joined
Feb 5, 2007
Messages
2,913
Location
Marion County, FL
I was reading court cases the other night and ran across this one. Here's an excerpt:


I wish Alabama had case law this clear on record. If y'all down in Florida had a better worded RKBA in your constitution, or we here in Alabama had this kind of case law, all our OC problems could have been solved by now. :D

It is amazing to me that no well to do freedom lover or liberty loving organization hasn't sued the state of Florida over the infringement of the Fl constitution vis-a-vis the RKABA. It reads:

"The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law."

Under current Fl law, this is what the constitution should read

"The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the right to bear arms shall be prohibited by statute.

From the point of the common law "except that the manner of bearing arms may be regulated by law" means that the state might say you have to carry in a holster, or maybe (it's too much of a stretch, IMO) that you cannot carry concealed without a permit. No reasonable person, with any understanding of natural law or history, could honestly conclude that the state can ban or require a permit for, ALL manner of carry. And in fact the FL Supreme Court has said this is indeed the case, IF you are white.

Even the courts in Kommiefornia, have just this year suggested that the state's ban on loaded open carry, in light of the severe restrictions in urban areas on CC, may be unconstitutional.
 

ixtow

Founder's Club Member
Joined
Nov 25, 2006
Messages
5,038
Location
Suwannee County, FL
except that the manner of bearing arms may be regulated by law."

I've discussed this before, but....

The point of this section, is to allow augmentation of the State Constitution by extension. That is the very definition of the words. It is there to allow changing the meaning of this part without having to actually get that supermajority to do it.
 

Brimstone Baritone

Regular Member
Joined
Mar 26, 2010
Messages
786
Location
Leeds, Alabama, USA
I've discussed this before, but....

The point of this section, is to allow augmentation of the State Constitution by extension. That is the very definition of the words. It is there to allow changing the meaning of this part without having to actually get that supermajority to do it.

Well, in Alabama we don't have that last clause but because the state doesn't bother to enforce preemption, we have a mish mash of local ordinances that the cities know are unlawful. They stand behind them anyway, mostly because Alabama doesn't seem to have solid case law like that in Florida quoted above. If Florida didn't have that tail clause in their RKBA, the case law shown above would be a huge step in getting your carry problems straightened out. As it is...

Just my $0.02
 

77zach

Regular Member
Joined
Feb 5, 2007
Messages
2,913
Location
Marion County, FL
Well, in Alabama we don't have that last clause but because the state doesn't bother to enforce preemption, we have a mish mash of local ordinances that the cities know are unlawful. They stand behind them anyway, mostly because Alabama doesn't seem to have solid case law like that in Florida quoted above. If Florida didn't have that tail clause in their RKBA, the case law shown above would be a huge step in getting your carry problems straightened out. As it is...

Just my $0.02

Model legislation that Al should copy: http://www.flsenate.gov/Session/Bill/2011/0402
 
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