Florida Sen. Files Bill To Keep Local Gov't From Superseding State Gun Laws

[twyacht]

Finally, some proposed "gun" bills, that make sense. As a Florida resident, we are a "purple" state. Very red in areas, and with all the liberal transplants, very blue mixed in between.

So, in order from otherwise "left-wing" dominated Counties from enacting "little modifications" to existing gun laws, State Senator, Joe Negron, has filed a law preventing any usurpation or modifications, to State Law.

http://www.tcpalm.com/news/2011/jan/13/stuarts-negron-files-bill-to-keep-local-from-gun/

STUART - State Sen. Joe Negron has filed a bill that would further prohibit elected officials and public entities from unilaterally imposing their own firearm and ammunition regulations to supersede Florida's gun laws.

Negron, R-Stuart, said the bill would clarify the state's existing firearms regulations as a blanket rule for Florida.

"The bill puts teeth into the (state) statute," he said.

While the bill was filed Wednesday as debates are under way regarding the need for new firearm restrictions in the wake of the Arizona shooting of a U.S. representative that left six dead, Negron said the timing is coincidental. He has been working with the National Rifle Association for more than six months on the bill.

"In the past five years or so there have been a number of communities that have tried it and there are currently counties talking of additional regulations," Negron said. "It's something I've been working on with the NRA and gun owners and it's been in bill-drafting for over a month."

The push for the bill has been around longer, since at least 2001, when South Miami's trigger-lock ordinance was deemed to violate Florida law, the Joe Carlucci Uniform Firearms Act of 1987.

Currently, no Treasure Coast county or municipality is seeking to impose its own firearm restrictions.

Negron's bill, Senate Bill 402, would eliminate provisions that allow counties to establish waiting periods between the purchase and delivery of a handgun.

Florida has a three-day waiting period on the purchase of a handgun from a retail establishment. However, those with concealed weapons permits — as well as those trading in another handgun — are exempt from the waiting period.

The bill would also seek the removal from office of those who try impose restriction that goes beyond Florida's current gun laws and would prohibit public money being used to defend those same people and boards.

"The most important part of the bill to me is if a local government violates the provision and unlawfully restricts the right to bear arms of a citizen, who has to file suit against the government and wins, then they get attorney fees," Negron said. "That way there is a strong disincentive for local governments to violate the state law."

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Common sense legislation, not some knee-jerk reaction by a Sheriff Dopenik type, or County Commission, or MAIG, Mayor wanting to "modify" existing law.

Good.

[fightingquaker13]

About time. Our Palm Beach county Sheriff has been thumbing his nose at state law for years by requiring a waiting period for long guns. This is long over due.
FQ13

[Hazcat]

From what I have read there is also an open carry bill and a carry for CCW on college campus!

[m25operator]

We have the preemption law here in TX, it prevents any town, city, county or municipality from making a firearms law stronger than the state law. It has proven to be good stuff. Thanks GW and Rick Perry.

[Hazcat]

That is what I don't understand about the FL bill.  It clearly states in the state law that "the state occupies the whole field" concerning gun laws.

[Sponsor]

[Ichiban]

Colorado had a problem with the city of Denver thinking that they were on their own planet (well, actually, they are) and not abiding by the states concealed carry laws by disallowing concealed carry in Denver.  The state law that changed on May 19th, 2003 in section 18-12-201 states: "An action or rule that encumbers the permit process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this part 2 or that creates restrictions beyond those specified in this part 2 is in conflict with the intent of this part 2 and is prohibited."  Further, in section 18-12-214 it is stated that: "A local government does not have authority to adopt or enforce an ordinance or resolution that would conflict with any provision of this part 2."