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Thread: Florida Cities and Counties Knowingly Continue to Break State Law

  1. #1
    Campaign Veteran StogieC's Avatar
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    Nov 2009

    Florida Cities and Counties Knowingly Continue to Break State Law

    For Immediate Release - Thursday, July 21, 2011

    Florida Carry, Inc.
    Fighting for All Floridians Rights to Keep and Bear Arms.

    Florida Cities and Counties Knowingly Continue to Break State Law

    Since 1987 it has been illegal for local Florida governments to regulate firearms and ammunition. The preemption statute was passed then so that Florida gun owners would no longer face a patchwork of local laws that was impossible to keep up with. It was also passed to protect Floridians from local lawmakers who do not respect the citizens’ right to bear arms.

    The Florida Legislature never imagined that local leaders would thumb their noses at

    Tallahassee and intentionally break the law despite clear statute and appellate court decisions. But they have for the past 24 years and the patchwork continued.

    In 2010, Florida Carry, Inc. Co-Executive Director Richard Nascak and a cadre of volunteers organized on web forums (FCC) and banded together in an grassroots effort to fix the problems at the local level. They contacted local governments and were shocked at the reactions they got. Local leaders were quite happy to make criminals of lawful gun owners because there was no penalty for politicians and bureaucrats breaking the state preemption law.

    “So, sue us!” was the general and sometimes literal response. Lee County resident and attorney Patrick Buckley did just that. He filed a lawsuit against his county’s park carry ban, knowing there was no provision to even recover his costs and fees should he win.

    Richard Nascak engaged State Rep. Paige Kreegel for help and the NRA got involved to draft legislation that would put teeth in the long-abused statute.

    Volusia County traded arguments for months with Florida Carry, Inc. Co-Executive Director Sean Caranna over its woodland and airport carry bans but finally backed down and repealed the preempted ordinances in March 2011 once it became clear that the Firearms Preemption Enforceability bill was on track to pass.

    During the 2011 session, the legislature made it clear that they had had enough. On October 1st 2011, new penalties and a vehicle for recovery of attorney’s fees and costs goes in to effect. With about 70 days left, to act Florida counties, cities, and agencies are on notice. Florida Carry will hold local leaders accountable and finally clear up the patchwork of unlawful restrictions on the right to bear arms in Florida.

    Sean Caranna
    Florida Carry, Inc.

    About: Florida Carry, Inc. is a non-profit, non-partisan, grassroots organization dedicated to advancing the fundamental civil right of all Floridians to keep and bear arms for self defense as guaranteed by the Second Amendment to the United States Constitution and Article I Section 8 of the Florida Constitution. Florida Carry, Inc. was organized by a group of Florida gun rights activists in order to better coordinate activities, effectively lobby the state legislature, and provide a legal entity capable of filing suit to demand compliance with state and federal law. Florida Carry stands only to represent our members and the over 7 million gun owners of Florida. We are not beholden to any national organization's agenda that may compromise that mission. Florida Carry works tirelessly toward repealing and striking down ill-conceived gun control laws that have been proven to provide safe havens to criminals and be deadly to law abiding citizens.

  2. #2
    Regular Member 77zach's Avatar
    Join Date
    Feb 2007
    Marion County, FL
    In a conceal only state I don't see how it matters much. It will be nice should Fl ever join the rest of the country on OC, so I hope these local "officials" are punished to fullest extent of the law.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

  3. #3
    Regular Member Mas49.56's Avatar
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    Mar 2010
    Florida, USA
    So if I go to any event on Escambia County property they can't kick me out anymore for a concealed weapon? Carry a weapon here at a Gunshow(Escambia county property), a concert (Pensacola civic center), or the Fair (county property) will get you kicked out or proned out. Are these gun bans county ordinances and gone in October? At one concert they wanded and frisked us then confiscated my umbrella. Crazy! I can get away with CCW at the county fair because they haven't started wanding, yet. If it's legal to lease space on county property and make up my own laws, then one could ban bras on all pretty girls entering the event, right?

  4. #4
    Regular Member
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    Oct 2007
    , ,
    I had a discussion about this a few days ago with a captain at the local police station. It seems that the law also covers discharge of a firearm within the city limits, a local ordinance that most cities have. They were saying that they would only be allowed to use the state law which is discharge of a fiream near a dwelling or something like that. I've not yet looked it up... but there are some really silly laws out there that will go away soon.

  5. #5
    Regular Member
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    Aug 2007
    Granite State of Mind
    Quote Originally Posted by Mas49.56 View Post
    Are these gun bans county ordinances and gone in October?

    What changes effective October 1st, is that you can sue if those laws are still on the books. The law will provide an enforcement mechanism and let you recover all your legal costs.

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