Author Topic: New Carbine...ideas...an excercise  (Read 8608 times)

fightingquaker13

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Re: New Carbine...ideas...an excercise
« Reply #20 on: August 31, 2010, 09:55:46 AM »
That's illegal, FQ.  The state occupies the whole field of firearm regulations here in FL.
So's requiring a 5 day wait for long guns, but he does it anyway. No one has bothered to take him to court over it yet.
FQ13 >:(

Big Frank

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Re: New Carbine...ideas...an excercise
« Reply #21 on: August 31, 2010, 03:46:13 PM »
So's requiring a 5 day wait for long guns, but he does it anyway. No one has bothered to take him to court over it yet.
FQ13 >:(

What are you waiting for?
""It may be laid down as a primary position, and the basis of our system, that every Citizen who enjoys the protection of a free Government, owes not only a proportion of his property, but even his personal services to the defence of it, and consequently that the Citizens of America (with a few legal and official exceptions) from 18 to 50 Years of Age should be borne on the Militia Rolls, provided with uniform Arms, and so far accustomed to the use of them, that the Total strength of the Country might be called forth at a Short Notice on any very interesting Emergency." - George Washington. Letter to Alexander Hamilton, Friday, May 02, 1783

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bafsu92

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Re: New Carbine...ideas...an excercise
« Reply #22 on: August 31, 2010, 04:08:26 PM »
So's requiring a 5 day wait for long guns, but he does it anyway. No one has bothered to take him to court over it yet.
FQ13 >:(
Actually it's a State Statute that gives individual counties (unfortunately) the option is in the State Constitution and not in statutes... making it more difficult to remove.

http://www.flsenate.gov/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes&CFID=225844301&CFTOKEN=23927256

SECTION 5. Local option.––
(a) Local option on the legality or prohibition of the sale of intoxicating liquors, wines or beers shall be preserved to each county. The status of a county with respect thereto shall be changed only by vote of the electors in a special election called upon the petition of twenty-five per cent of the electors of the county, and not sooner than two years after an earlier election on the same question. Where legal, the sale of intoxicating liquors, wines and beers shall be regulated by law.

(b) Each county shall have the authority to require a criminal history records check and a 3 to 5-day waiting period, excluding weekends and legal holidays, in connection with the sale of any firearm occurring within such county. For purposes of this subsection, the term "sale" means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access. Holders of a concealed weapons permit as prescribed by general law shall not be subject to the provisions of this subsection when purchasing a firearm.

As far a a Sheriff / Police Chief refusing to sign off on any NFA paperwork it's a dick move to be sure but not illegal. Unfortunately their is nothing that says they have to do this. The easy workaround, as long as it's legal to own in the state, is to get a simple firearms trust or purchase through a LLC or other corp. I have my NFA items owned through a Nevada LLC. I have it set up as an investment group so the only hassle is filing an annual tax return for the LLC. In addition you can put on as many friends or family members as you'd like as managing partners and they can then all legally possess, transport and otherwise use the property (NFA weapons) of the LLC wherever it is legal to do so. It's a nice way to give you're local LEO the finger even though he has no clue you're doing it.
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fightingquaker13

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Re: New Carbine...ideas...an excercise
« Reply #23 on: August 31, 2010, 05:21:19 PM »
I knew I liked you for a reason, and not just the avatar either! That is something that I, who prides himself on being evil and sneaky, never thought of. (I mean hell, I teach people how to distrust the state for a living).  As the Godfather said "You can steal more with a brief case than with a gun", or words to that effect. When you use the briefcase to get the gun through an out of state alphabet soup LLC? The sky is the limit. This Libertarian's hat is off to you sir! I stand in awe.
FQ13 Screw the man! 8) ;D

Hazcat

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Re: New Carbine...ideas...an excercise
« Reply #24 on: August 31, 2010, 06:10:57 PM »
basfu, I believe you are wrong.

Here is the proper statute

790.33

Field of regulation of firearms and ammunition preempted.

(1)

PREEMPTION.—Except as expressly provided by 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, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited.
(2)

LIMITED EXCEPTION; COUNTY WAITING-PERIOD ORDINANCES.—
(a)

Any county may have the option to adopt a waiting-period ordinance requiring a waiting period of up to, but not to exceed, 3 working days between the purchase and delivery of a handgun. For purposes of this subsection, “purchase” means payment of deposit, payment in full, or notification of intent to purchase. Adoption of a waiting-period ordinance, by any county, shall require a majority vote of the county commission on votes on waiting-period ordinances. This exception is limited solely to individual counties and is limited to the provisions and restrictions contained in this subsection.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790.html
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Re: New Carbine...ideas...an excercise
« Reply #25 on: Today at 05:20:46 AM »

bafsu92

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Re: New Carbine...ideas...an excercise
« Reply #25 on: September 02, 2010, 12:15:58 PM »
basfu, I believe you are wrong.

Here is the proper statute

790.33

Field of regulation of firearms and ammunition preempted.

(1)

PREEMPTION.—Except as expressly provided by 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, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited.
(2)

LIMITED EXCEPTION; COUNTY WAITING-PERIOD ORDINANCES.—
(a)

Any county may have the option to adopt a waiting-period ordinance requiring a waiting period of up to, but not to exceed, 3 working days between the purchase and delivery of a handgun. For purposes of this subsection, “purchase” means payment of deposit, payment in full, or notification of intent to purchase. Adoption of a waiting-period ordinance, by any county, shall require a majority vote of the county commission on votes on waiting-period ordinances. This exception is limited solely to individual counties and is limited to the provisions and restrictions contained in this subsection.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790.html

It looks like a redundancy issue. maybe they addressed it in more than one place. Either way County waiting periods are in the state statutes, that's the point I was trying to make. Once the statute is on the books, regardless of which one they're sighting to have their little county waiting period, it's that much harder to end it. THe good thing is all you really have to do is drive one county away and buy it the same day. As far as the NFA stuff and corporations and trusts I know that works and spent some cash with and attorney to research it and get what worked best for me.
Cogito, ergo armatum sum

"Capitalization is the difference between helping
your Uncle Jack off a horse and helping your uncle jack off a horse." - Unknown

"Political Correctness is a doctrine fostered by a delusional illogical liberal minority and rabidly promoted by an unscrupulous liberal press,which holds forth the proposition that it is entirely possible to pick up a turd by the clean end." - Unknown

 

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