What "our" "preemption" wants to be when it grows up!

TFred · Jul 5, 2011

I just ran across this today... apparently after 23 years of being not only ignored, but openly flaunted by various cities and counties in the state of Florida, their legislature put, not teeth, but fangs in their preemption law!

Signed by the Florida Governor about a month ago, the news coverage is enough to make you stand up and applaud... they've got many cities and towns in a near-panic scramble down there, clearing their books of illegal ordinances that starting October 1st, can cost them significant penalties!

I hope our legislators are watching... we've had fairly good results here, but there are a few places who haven't "seen the light" yet.

TFred

Florida: CS/CS/CS/HB 45 - Regulation of Firearms and Ammunition

Summary of Bill:

Regulation of Firearms and Ammunition:

Clarifies & reorganizes provisions that preempt to state entire field of regulation of firearms;

prohibits knowing & willful violation of Legislature's occupation of whole field of regulation of firearms & ammunition by enactment or causation of enforcement of any local ordinance or administrative rule or regulation;

provides additional intent of section;

eliminates provisions authorizing counties to adopt ordinance requiring waiting period between purchase & delivery of handgun;

provides injunctive relief from enforcement of invalid ordinance, regulation, or rule;

provides civil penalty for knowing & willful violation of prohibitions;

provides that public funds may not be used to defend or reimburse unlawful conduct of person charged with knowing & willful violation of act;

provides for termination of employment or contract or removal from office of person acting in official capacity who knowingly & willfully violates any provision of act;

provides for declaratory & injunctive relief for specified persons or organizations;

provides for specified damages & interest;

provides exceptions to prohibitions of section.

skidmark · Jul 5, 2011

I just don't see why "they've got many cities and towns in a near-panic scramble down there, clearing their books of illegal ordinances that starting October 1st, can cost them significant penalties".

As I read it, FL's preemption makes all locally enacted stuff null and void, and penalties are only for attempts to enforce what are now legally figments of someone's past imagination. Very much like VA's situation where obsolete, viod stuff remains on the books because someone is too lazy to offer up a motion to strike it from the books, or they claim it costs money to do it, or whatever other excuse they want to try to float. As long as nobody tries to enforce the nullity there should be no problem.

Or did I miss something that says they have to delete the null and void stuff?

stay safe.

TFred · Jul 5, 2011

skidmark said:
I just don't see why "they've got many cities and towns in a near-panic scramble down there, clearing their books of illegal ordinances that starting October 1st, can cost them significant penalties".

As I read it, FL's preemption makes all locally enacted stuff null and void, and penalties are only for attempts to enforce what are now legally figments of someone's past imagination. Very much like VA's situation where obsolete, viod stuff remains on the books because someone is too lazy to offer up a motion to strike it from the books, or they claim it costs money to do it, or whatever other excuse they want to try to float. As long as nobody tries to enforce the nullity there should be no problem.

Or did I miss something that says they have to delete the null and void stuff?

stay safe.

Apparently now for the first time, if someone decides to sue them, they are in a pickle, with no state funds to defend, and possible personal consequences. That's the gist I get in any case. Apparently there have been quite a few localities who have made a long-term practice of ignoring the state laws, as we all know, even if the few educated know they can't be enforced, ordinances and signs on posts do influence behavior, so these jurisdictions were laughing and thumbing their noses at the state legislature... until now.

I just found this today, so I haven't had time to read it and thoroughly understand all the particulars.

TFred

TFred · Jul 5, 2011

Additional information.

http://www.tallahassee.com/article/20110619/OPINION01/106190342/State-law-ranks

The new legislation comes with stiff penalties: Each official could personally face a $5,000 fine for knowingly and willfully continuing to approve local gun restrictions. They could be liable for civil penalties up to $100,000, and they are banned from using tax dollars to mount a defense — the practice in previous challenges around the state.

TFred

FFchris · Jul 5, 2011

How soon will we see this in VA?

peter nap · Jul 5, 2011

FFchris said:
How soon will we see this in VA?

Lets see?

How old is Marsh?

He was born December 1933....
Could be purdy soon:uhoh:

skidmark · Jul 5, 2011

TFred said:
Apparently now for the first time, if someone decides to sue them, they are in a pickle, with no state funds to defend, and possible personal consequences. That's the gist I get in any case. Apparently there have been quite a few localities who have made a long-term practice of ignoring the state laws, as we all know, even if the few educated know they can't be enforced, ordinances and signs on posts do influence behavior, so these jurisdictions were laughing and thumbing their noses at the state legislature... until now.

I just found this today, so I haven't had time to read it and thoroughly understand all the particulars.

TFred

I read that as approving new ordinances that fly in the face of preemption - not allowing now null and void ones to remain on the books. On the other hand, anyone who tries to enfore the now null and void ones will have their wallet, and possibly career, rapidly deflated. I do not see any mandate to take down signage that no longer applies - just a warning that trying to enforce it will be a Bad Thing (TM).

stay safe.

Repeater · Jul 6, 2011

Enrolled Version is awesome

I just read the bill text, Enrolled version.

Absolutely amazing. The statute should now apply to Florida state colleges and universities.

We can only dream of having such text in our Code of Virginia. Not happening.

skidmark · Jul 6, 2011

Repeater said:
I just read the bill text, Enrolled version.

Absolutely amazing. The statute should now apply to Florida state colleges and universities.

We can only dream of having such text in our Code of Virginia. Not happening.

I disagree. The abuseS of the VAC and the overstepping of the grant of authority of the Boards of Visitors has ruffled the feathers of several members of the GA. Perhaps not after the next election (2012) but highly likely in the cycle after that.

STAY SAFE.

What "our" "preemption" wants to be when it grows up!

TFred

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skidmark

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TFred

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TFred

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FFchris

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peter nap

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skidmark

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Repeater

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skidmark

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