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Thread: We could use something like this

  1. #1
    Regular Member
    Join Date
    Aug 2011
    Los Lunas, NM

    We could use something like this

    Florida has added some teeth to their state preemption laws regarding firearms. This was mentioned in a thread in 'News and Political Alerts'. It will take effect Oct 1, 2011.

    Here is a link to the amended Florida statute.

    The law provides for penalties against officials, counties, agencies, municipalities etc that violate the law. Below is an excerpt of the amended Florida statute.


    790.33 Field of regulation of firearms and ammunition preempted.—
    (1) PREEMPTION.—Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void.
    (a) It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws.
    (b) It is further the intent of this section to deter and prevent the violation of this section and the violation of rights protected under the constitution and laws of this state related to firearms, ammunition, or components thereof, by the abuse of official authority that occurs when enactments are passed in violation of state law or under color of local or state authority.
    (a) Any person, county, agency, municipality, district, or other entity that violates the Legislature’s occupation of the whole field of regulation of firearms and ammunition, as declared in subsection (1), by enacting or causing to be enforced any local ordinance or administrative rule or regulation impinging upon such exclusive occupation of the field shall be liable as set forth herein.
    (b) If any county, city, town, or other local government violates this section, the court shall declare the improper ordinance, regulation, or rule invalid and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, or rule. It is no defense that in enacting the ordinance, regulation, or rule the local government was acting in good faith or upon advice of counsel.
    (c) If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred.
    (d) Except as required by applicable law, public funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated this section.
    (e) A knowing and willful violation of any provision of this section by a person acting in an official capacity for any entity enacting or causing to be enforced a local ordinance or administrative rule or regulation prohibited under paragraph (a) or otherwise under color of law shall be cause for termination of employment or contract or removal from office by the Governor.
    (f) A person or an organization whose membership is adversely affected by any ordinance, regulation, measure, directive, rule, enactment, order, or policy promulgated or caused to be enforced in violation of this section may file suit against any county, agency, municipality, district, or other entity in any court of this state having jurisdiction over any defendant to the suit for declaratory and injunctive relief and for actual damages, as limited herein, caused by the violation. A court shall award the prevailing plaintiff in any such suit:
    1. Reasonable attorney’s fees and costs in accordance with the laws of this state, including a contingency fee multiplier, as authorized by law; and
    2. The actual damages incurred, but not more than $100,000.

  2. #2
    Regular Member MarkD51's Avatar
    Join Date
    Mar 2011
    Sheboygan Wisconsin
    As I understand, today, in Ruidoso, New Mexico, the Alamogordo 2nd Amendment Task Force held a rally at the Village Hall, due to the Mayor of Ruidoso imposing restrictions, against this state's 2nd Amendment constitutional laws.

    It's a battle the Mayor, and his commisioners are not going to win.
    Here's the article.
    Last edited by MarkD51; 09-13-2011 at 07:23 PM.

  3. #3
    Regular Member
    Join Date
    Oct 2008
    , ,
    "My only intention is to protect the life, health and safety of the councilors, village employees and our citizens when they do business with the village at our various buildings."

    Sure, he's protecting the people from legal gun owners and licensed permit holders. That makes sense. Not.

    Thanks for the update. I was just referring to this situation on another forum within a thread discussing the FL law changes.

    As I have said before in this forum, I hope the guy goes down in flames and screws up his chances at re-election. This is blatant disregard for the State Constitution.

  4. #4
    Regular Member
    Join Date
    Oct 2007
    Rio Rancho, New Mexico, United States
    He has no chance of reelection as he will be in jail for breaking the law
    A gun Owner Is A Citizen
    Anyone Else is a Subject

  5. #5
    Regular Member
    Join Date
    Feb 2010
    Las Cruces, New Mexico, USA
    Quote Originally Posted by RogueAussie View Post
    He has no chance of reelection as he will be in jail for breaking the law
    Unfortunately in the US politicians don't go to jail.

    The signs will eventually be taken down but nothing else is going to happen. There is still a chance he could be reelected depending on how many people agree with this person:

    "I applaud the Mayor and Ruidoso City Attorney's action. We love to go to Ruidoso in the summertime to enjoy its fresh mountain air, maybe spend a couple of hours at the casinos and race track, but with so many people carrying concealed, we're getting a little concerned. It's been proved over and over that carrying a gun leads to more accidents than preventing acrime. Good for you, Mayor."

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