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Florida Judge Strikes Down Fines for Municipalities Which Pass Gun Control

color of law

Accomplished Advocate
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Oct 7, 2007
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4,906
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Cincinnati, Ohio, USA
A judge in Tallahassee struck down a $5,000 fine that Florida mayors and city council members would be subject to if they try to pass gun control ordinances at the local level. The judge ruled that this penalty is excessive in its punishment of local entities who don’t comply with state regulations.
So, how much should the fine be to act as a deterrent?
 

Doug_Nightmare

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Joined
Nov 21, 2018
Messages
402
Wisconsin HAD a prohibition agains writing gun control ordinances / regulations more stringent than state statute. It is a toothless tiger and ignored if still on the books.
 

hammer6

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Oct 11, 2008
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Florida
So what about the legal fees someone would have to pay to fight these violations when they are arrested for a legal act made illegal, illegally by the local government? Where is Florida Carry? They've blocked me on social media because I ask hard questions. Haven't seen any progress in Florida in years. They've turned into a localized NRA. smh.
 

solus

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Aug 22, 2013
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here nc
Hammer6, that is the crux and worrisome aspect...those in political control know the can throw the whole judicial system at somebody and nothing [$$$] comes directly out of their pocket. Yet the fool who gets snared pays mega bucks and suffers anguish to prove they are innocent of the stupid invalid statute.
 

gutshot II

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Central Ky.
The article clearly states that the judge "struck down a $5,000 fine that Florida mayors and city council members would be subject to if they try to pass gun control ordinances at the local level."

Apparently, the rest of the statute is still intact, including the right to sue the city/county government and recover damages, attorney's fees and heavy fines for the city. The Ky. preemption statute is loosely based on the Florida statute. Our legislators refused to include these fines and the possibility of removal from office in our statute citing the same reasons this judge has used. The maximum penalty for a Class A misdemeanor in Ky. is a $500 fine and/or 1 year in jail. In order to impose the kind of fines the Florida statute mandates would have required making the violation a felony and our lawmakers would not do that. Even if an appeal is unsuccessful the remaining Florida statute would be stronger than the Ky. statute, because of the hefty fines the City or county would have to pay, up to $50,000 if I remember correctly. Still a serious deterrent, IMHO.
 

hammer6

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Oct 11, 2008
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1,422
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Florida
The article clearly states that the judge "struck down a $5,000 fine that Florida mayors and city council members would be subject to if they try to pass gun control ordinances at the local level."

Apparently, the rest of the statute is still intact, including the right to sue the city/county government and recover damages, attorney's fees and heavy fines for the city. The Ky. preemption statute is loosely based on the Florida statute. Our legislators refused to include these fines and the possibility of removal from office in our statute citing the same reasons this judge has used. The maximum penalty for a Class A misdemeanor in Ky. is a $500 fine and/or 1 year in jail. In order to impose the kind of fines the Florida statute mandates would have required making the violation a felony and our lawmakers would not do that. Even if an appeal is unsuccessful the remaining Florida statute would be stronger than the Ky. statute, because of the hefty fines the City or county would have to pay, up to $50,000 if I remember correctly. Still a serious deterrent, IMHO.
Violating my constitutionally protected right isn't a misdemeanor.
 

Ghost1958

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Nov 5, 2015
Messages
998
Location
Kentucky
You may think not and I may agree with you but what are you going to do about it?
Exercise,my God given right to be armed when and where I wish.

If some entity wishes to take unconstitutional action against that right then I will deal with that as well.

Thankfully in KY, that has never and likely will never be the case.
 

gutshot II

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Central Ky.
And now the appeal begins:

https://www.nraila.org/articles/20190801/florida-alert-state-appeals-get-out-of-jail-free-ruling-by-leon-county-judge


There would never be an appeal for something like this in Ky. with Andy Beshear as Attorney General. He would just let it go. If we allow Greg Stumbo to be elected to that office in November, he would never defend a state law like this, either. These battles are not won or lost on the internet. They are won at the ballot box. Matt Bevin has had to fight with Beshear on every issue and Stumbo would be the same. Electing Beshear as Governor would bring to a halt all pro gun activity at the state level in Ky.
 

hammer6

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Oct 11, 2008
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1,422
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Florida
You may think not and I may agree with you but what are you going to do about it?
Nothing. That's the point. Everyone's a bunch of keyboard warriors that want to complain about violations but don't want to do anything. I'm trying to make a living and live a life and there's people that "say" they're out there fighting for my rights and want my money, but they don't do anything. Just taking my money in the name of "constitutional rights".
 

Ghost1958

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Joined
Nov 5, 2015
Messages
998
Location
Kentucky
And now the appeal begins:
https://www.nraila.org/articles/20190801/florida-alert-state-appeals-get-out-of-jail-free-ruling-by-leon-county-judge

There would never be an appeal for something like this in Ky. with Andy Beshear as Attorney General. He would just let it go. If we allow Greg Stumbo to be elected to that office in November, he would never defend a state law like this, either. These battles are not won or lost on the internet. They are won at the ballot box. Matt Bevin has had to fight with Beshear on every issue and Stumbo would be the same. Electing Beshear as Governor would bring to a halt all pro gun activity at the state level in Ky.
Agree about Stumble and Brasheher .

Blevins is going to have a rough row to hoe however after he made,enemies of about every person employed by the public school system, and foolishly led the charge to make ky a right to work state.

I'll vote for him , but other than my wife and one friend I don't know anyone else that will. And many of them voted for him the first time.

We will always have state premption though . Only the state legislature is granted authority to regulate weapons and them only to prevent conceal carry.

Even a democrat AG would defend state premption. Not too is a one way ticket out of office.
 
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