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Thread: We need this law here...

  1. #1
    Campaign Veteran roscoe13's Avatar
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    Thumbs up We need this law here...

    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good." - George Washington

  2. #2
    Campaign Veteran skidmark's Avatar
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    'splain sumthin' to me

    the Penalties for Violating Firearms Preemption Law, which forces the repeal of all regulations and policies that violate the firearms preemption law of 1987
    Why does Florida need a law to enforce an existing law?

    Now I am somewhat pleased to note that the new law also makes local officials personally liable for violations of the 1987 preemption law, thus taking the burden of illigal and officious mischief off the backs of the taxpayers. I would support something like that here in Virginia, as opposed to trying to prove mis- and malfeasance to try to overcome claims of soverign immunity.

    And since you brought it up, I am nominating you to carry forward and find a sponsor for a bill to do just that. Call on me if you think I can help, but you get the honor of taking the point on this.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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  3. #3
    Founder's Club Member thebigsd's Avatar
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    I'd be willing to write to my state reps in order to something like this passed. It would really piss off the Fairfax County Board of Supervisors...
    "When seconds count between living or dying, the police are only minutes away."

  4. #4
    Regular Member TFred's Avatar
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    Quote Originally Posted by skidmark View Post
    Why does Florida need a law to enforce an existing law?
    The answer is right in the article:

    While Florida has had a law on its books since 1987 that makes it illegal to pass gun regulations beyond state statutes, there was no enforcement mechanism in place. As a result, towns and cities have created ordinances at will. In the process, many of them have criminalized otherwise completely law-abiding citizens who unintentionally ran afoul of arbitrary, localized gun rules.
    TFred

  5. #5
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by TFred View Post
    The answer is right in the article:



    TFred
    Kinda like our preemption law.....
    and FOIA, and Records Retention, and Database Statute....

    I'd go on but Obama's on and I need a good laugh

  6. #6
    Campaign Veteran roscoe13's Avatar
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    Quote Originally Posted by skidmark View Post
    And since you brought it up, I am nominating you to carry forward and find a sponsor for a bill to do just that. Call on me if you think I can help, but you get the honor of taking the point on this.

    stay safe.
    I just wrote Delegate Lingamfelter and asked him to do just that. I also asked him to work on getting intent to commit a crime added to 18.2-308.1....

    Roscoe
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good." - George Washington

  7. #7
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by roscoe13 View Post
    I just wrote Delegate Lingamfelter and asked him to do just that. I also asked him to work on getting intent to commit a crime added to 18.2-308.1....

    Roscoe


    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  8. #8
    Regular Member TFred's Avatar
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    The new Florida preemption law just went into effect. Looks like Florida Carry has already filed a lawsuit against University of North Florida on their campus prohibition.

    We need this law here!! Gotta get Saslaw out of his leadership position first.

    Florida Carry Sues Over University Parking Lot Gun Ban

    TFred

  9. #9
    Accomplished Advocate user's Avatar
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    You mean something like this?

    Virginia Constitution, Article 1, Section 13: "Militia; standing armies; military subordinate to civil power."

    That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.
    I particularly like that phrase, "shall not be infringed." Is there really any question what that phrase means? Still, as an attorney, and one whose practice involves a lot of firearms litigation, I might have financial problems if that provision of the Constitution were given effect. All those gun-regulation statutes would just go away.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

  10. #10
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by user View Post
    Virginia Constitution, Article 1, Section 13: "Militia; standing armies; military subordinate to civil power."



    I particularly like that phrase, "shall not be infringed." Is there really any question what that phrase means? Still, as an attorney, and one whose practice involves a lot of firearms litigation, I might have financial problems if that provision of the Constitution were given effect. All those gun-regulation statutes would just go away.
    No.

    Because apparently even the founders did not really mean "shall not be infringed" as an absolute. This I know because SCOTUS tells me so. (and no points off to anyone who sang that last part)

    Or if The Fonders really did mean it as an absolute, the fact that many infringements have continued for so long means that the infringements get a pass based on their longivity. This I also know because SCOTUS tells me so.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  11. #11
    Regular Member TFred's Avatar
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    Quote Originally Posted by skidmark View Post
    No.

    Because apparently even the founders did not really mean "shall not be infringed" as an absolute. This I know because SCOTUS tells me so. (and no points off to anyone who sang that last part)

    Or if The Fonders really did mean it as an absolute, the fact that many infringements have continued for so long means that the infringements get a pass based on their longivity. This I also know because SCOTUS tells me so.

    stay safe.
    I shudder to think what we might have left today if the Constitution said "can only be infringed a little bit..."



    TFred

  12. #12
    Accomplished Advocate peter nap's Avatar
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    Skid is actually talking about....Prescriptive Infringements

  13. #13
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by peter nap View Post
    Skid is actually talking about....Prescriptive Infringements
    Prescriptive infringements = imperial prerogatives, because the lord and master says so.
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  14. #14
    Accomplished Advocate user's Avatar
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    Quote Originally Posted by TFred View Post
    I shudder to think what we might have left today if the Constitution said "can only be infringed a little bit..."



    TFred
    Well, start shuddering ... I'm thinking that Justice Scalia's language in the Heller case was the final nail in the Bill of Rights' coffin, as well as federalism, generally: "subject to reasonable regulation". If the Second Amendment, which if I recall correctly, is the only one that specifically says something to the effect that it is to be construed as an absolute prohibition against regulation, can be subject to "reasonable regulation", then you don't have any rights at all.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

  15. #15
    Accomplished Advocate user's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Prescriptive infringements = imperial prerogatives, because the lord and master says so...
    Actually, if I recall correctly, that phrase referred to a series of sort of treaties between the Northern German quasi-independent princes and the Holy Roman Empire in the form of Frederick II, by which the Empire's prerogatives were reduced in exchange for the princes' continued participation. But that was a long time ago, late Fifteenth Century, I think, and I could be wrong; my memory isn't that good.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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