Florida Cities Sue Over Gun Laws

A group of south Florida cities seeking to enact their own local laws on guns and ammunition is taking the state to court for the ability to do so.

The lawsuit, headed by Weston’s city attorney Jamie Cole, was filed Monday against Florida Gov. Rick Scott, Attorney General Pam Bondi, and other state officials in Leon County circuit court. In the action, the plaintiffs argue that a 2011 Florida law unconstitutionally prohibits local governments from enacting their own gun restrictions and are seeking to defang the longstanding measure.

“It is the job of local government to make sure residents are safe,” said Miami Beach Mayor Dan Gelber Gelber, a Democrat, at a press event in Weston announcing the lawsuit. “At my own City Hall, someone can walk in with a concealed weapon and there is legally nothing I can do about it. Nothing.”

Other cities in the challenge — Coral Gables, Cutler Bay, Lauderhill, Miami Gardens, Miramar, Pinecrest, Pompano Beach and South Miami — argue the law’s $5,000 fine and allowance to remove local leaders from office doesn’t square with the state’s limited power, violates legislative immunity, upends the ability to petition and infringes on freedom of speech protections.

The Miami Herald reports that many of the plaintiffs signed on to the lawsuit want tough local gun laws including a ban on “assault weapons” in Coral Gables and gun-free zones in city-owned venues and public buildings.

Second Amendment advocates who fought hard for the preemption law argue the city leaders are reaching too far. “When they willfully and knowingly violate state law they have to be held accountable,” Marion Hammer, a past NRA president and executive director of the group’s Florida affiliate, told The News Service of Florida.

source: guns.com

  • Kevin Padfield

    I spent 8 1/2 down there and the politicians there don’t respect individual rights. Mostly they are medium size city politicians wanting to be big city politicians so that they can increase their power.

    • Terry Butts

      A lot of times these big city wannabe politicians are doing it to line their pockets the more like a big city they make the town they are supposed to represent the HIGHER ranking they get in the system of grant money the states and federal government hand out.

      Essentially they are BRIBING through grants or extorting through fines every small town they can in an effort to force them to adopt unneeded ordinances or regulations. (frankly when a criminal politician embezzles the money then runs off instead of doing the work to meet federal requirements in roads, water, etc. it should be illegal for the government to FINE THE VICTIMS over the required work not being done due to that criminal)

      When the media thought they would make a fool out of that one sheriff for turning down that bogus x cops on the street money years ago they showed up with a live news feed to interview him then asked why he turned down the money thinking they would destroy his career over it and get someone who would accept it in office. He plopped down a LARGE BOOK that would make an encyclopedia set of the day look like a newspaper and said “I did not turn down the money I turned down all these unneeded big city ordinances that I would have to get passed as law and enforce in order to GET the money”

  • MJB

    IDIOTS, ALL! Including the state “officials”! Anyone who believes banning weapons will keep ANYONE safe is delusional! Aside from being UNCONSTITUTIONAL, it is nonsensical!!!

    The FACT is, ANY ban of ANY weapon or ammo violates the 2nd Amendment!

    “Where rights as secured by the Constitution are involved, there can be no rule making or legislation which will abrogate them.” Maranda v. Ariz. 384 U.S.

    “If the State converts a right (liberty) into a privilege, the citizen can ignore the license and fee and engage in the right (liberty) with impunity.” Shuttlesworth V. City of Birmingham Alabama, 373 US 262

    “The claim and exercise of a Constitutional (guaranteed) right cannot be converted into a crime.” Miller V US 230 Fed 486, 489

    “No State shall convert a liberty into a privilege, license it, and charge a fee therefore.” Murdock V. Pennsylvania, 319 US 105

  • Tom

    That’s where all these shooings are happening, is gun free zones, and yet these idipts want more gun free zones, these liberals are brain dead

    • daffeyduck

      they want more shootings

      • Tom

        You’ve got a point there, these liberals don’t care about dead kids, they just want to harp about gun laws. I hate to say this, because even though I have a CCP, I don’t want anyone to die, I just want to stop the perp, but it would serve these liberals right, if it were their kids that got shot.

    • metheoldsarge

      When ever there is a shooting you can be sure of one thing. Liberal Politicians will be falling all over themselves to get in front of a TV Camera to start demanding more gun control. It almost seems that our liberal politicians would rather exploit these tragic shooting incidents to further their own gun grabbing agendas. Makes me wonder if victims of shootings are nothing more than political pawns to them.

      It never fails to amaze me how soon after a shooting that Liberal anti-gun politicians are pushing their gun grabbing agenda. They seem to know everything about the shooter. Who he/she is, the type of family they come from, what type of firearm was used and where they got it.

    • Harley157

      They only care about one thing. That would be their anti-second amendment agenda. Nothing more.

      • Tom

        The only problem with that, other than losing our rights to have a gun, is it wouldn’t stop there. In London in the UK, the Muslim Mayor has now banned knives (guns are already banned), so these idiots want to leave us defenseless. What I think, their agenda is, they want to take over America like Hitler did in Germany, if you have noticed the liberals are acting more and more like communist. Obama wanted to run for a third term, but the amendment to the Constitution wouldn’t allow it, but if he could have taken away our guns, then the Constitution would be next on his list, in fact Obama (and by the way Obama is also a muslim) wanted to turn America into a dictatorship, with him at the helm.

  • Big Ed

    The mayor of Miami Beach says a person can come into his city hall with a weapon and there is nothing he can do about it. When he says this kind of thing, he proves several things about himself: first, it proves him to be a typical Democrat, meaning he is a master prevaricator; second, it proves he is pretty stupid, having never heard of a metal detector; third he isn’t intelligent enough to understand that his outlawing guns will have no effect on the ability of someone to enter his precious city hall with a gun and finally, it shows he has delusions of grandeur and that he believes he can with impunity ignore the federal constitution and his state’s constitution and replace both with his piddling unconstitutional law.

    • Terry Butts

      This also shows his complete ignorance about criminals if a criminal wanted to harm someone it would not matter if it was LEGAL for them to be armed all they would do with their ignorant belief that it would somehow DISARM the criminal is disarm the criminals intended victim leaving them defenseless.

      There is a reason that CRIMINALS love gun free zones and commit their crimes in them instead of CONSTITUTIONAL zones (places where the bill of rights is FOLLOWED instead of restricted to give a false sense of FEELING safe to the paranoid) where people are allowed to defend themselves and that is that the CRIMINALS FEEL SAFE knowing their victims can not LEGALLY have a means to STOP them when they attack.

  • Terry Butts

    So they want the MESS that currently exists when traveling between states to now exist INSIDE of the state just traveling between cities? where they can ARREST, HARASS, even MURDER people for nothing more than OWNING a gun the DELUSIONAL people feel are responsible for the ACTS OF CRIMINALS.

    There have been constant reports out of places like NY where they ILLEGALLY use the CONCEALED CARRY permit data base to PULL PEOPLE OVER and search in an effort to STEAL weapons and charge them with WEAPONS CRIMES for nothing more than having a CCP in one instance they MURDERED an UNARMED individual simply because they BELIEVED the passenger after HARASSING THEM until they TOOK A GUESS at where the gun MIGHT BE just to get them to stop harassing him for saying he did not know.

    They refused to believe a PASSENGER would not know about SOMEONE ELSE’S gun even after the man himself had already told them he left it at home in his GUN SAFE the PASSENGER would have no idea about it and no way of knowing this since it was not like they lived together or he had taken the gun with him.

    To this day they have NEVER PROVIDED any valid reason for traffic stop and it has been outed by others that they have been stopping ANYONE that enters NY that has a CCP hoping they FORGOT to comply with NY NONSENSE sot hey can HARASS and PUNISH them for daring to be able to protect themselves instead of RELYING on the government.

    Remember how they HARASSED that one that was MOVING from his old home to a new one? They charged him with a crime because he STOPPED TO REST on the long trip and simply because of some LOCAL NONSENSE and the fact that a BANK was nearby not that it was noticeable from the road he was on or from where he stopped that JUST HAVING the guns was suddenly a crime.

    The pure idiocy of this is if he had not stopped to avoid causing an accident due to sleep deprivation he would not have broken any laws since he was MOVING from one home to another.

    So because he followed COMMON SENSE to avoid potentially harming others in a traffic accident he was suddenly a criminal because of PASSED DUE TO PARANOIA and the false belief CRIMINALS would obey them gun restrictions that have no effect whatsoever on criminals.

    Especially when the MANDATORY sentences for using or even possessing a gun during a VIOLENT crime are the first things PLEA-BARGAINED away by prosecutors by reducing the charges against ACTUAL criminals to avoid having to go to court and DO THEIR JOB by getting a confession to some lesser charge.

  • Alan404

    Re what could well be described as The Balkanization of Florida, via court action, the people of Florida might well have something to say to and or about judges willing to go along therewith. Words amounting to Hit The Road Jack being appropriate. As was mentioned in another letter appearing below, strange isn’t it, or is it, that these Mass Shootings all seem to tsk do place in those well known Gun Free Zones?

  • Donald Ort

    This STUPIDITY, IF NOT COMPLETELY SQUASHED, COULD WELL BE THE END OF OUR ONCE GREAT REPUBLIC!!!!!!!!

  • Ed Deno

    Funny how the law didn’t bother anybody for 7 years and all of a sudden it’s “unconstitutional”. We wanna make our counties safer but we don’t wanna follow the law so now it’s bad.

  • Sarge USMC

    Tell me, what is an assault weapon? There is no such a thing. This is a term people have come up with to describe an AR15, which is a semi-automatic weapon styled after the M16 military “automatic” combat weapon. The only thing they have in common is the basic design, but not the capability…

  • metheoldsarge

    Had the various agencies, like the FBI and state and local law enforcement, done their jobs in the first place, due process could have prevented the Parkland, Florida Shooting and many of the mass shootings of the past few decades. It’s obvious that political correctness is more important to the liberals instead of public safety.. The blood of all those dead victims is on their hands.

    I believe many gun owners are also helping the anti-gun movement. My area, where I live, gets a large amount of visitors each hunting season. They come from all over to shoot Bambi, Thumper and Donald Duck. There could also be a few Elmer Fudds out there looking for Bugs Bunny.

    There are many die hard devoted hunters in my state and all have rifles and shotguns. Many of the ones I have seen, have NRA and various union membership decals on their pickup trucks and cars right next to their Democrat campaign stickers. With the current push Democrats are continuously making to disarm the public, it would almost be comical If it wasn’t so pathetic.

  • Bill

    Just seems to me that the “government” is getting way too big for it’s britches.

  • Rich Kenny

    Wake up Floridians… “Gun Free Zones” have killed more people than does where open carry is permitted. In fact, where it is mandatory to own guns.. the crime level is way below the average of killings per population.