Florida Cities and Counties Knowingly Break State Law

State and national practical & political discussions on legal open, concealed and vehicle carry.

Re: Florida Cities and Counties Knowingly Break State Law

Postby czharry » Sun Aug 07, 2011 11:42 am

mjmensale wrote:
taseal wrote: where does it say in the state law 5 days?

In the state's constitution -

Article 8, Section 5 (b) Local option.—
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.

Article 8, Section 5(b) is out of sync with FS 790.33(2)(a) but apparently no one has ever questioned it. You know the counties aren't going to.

Yeah, that's the statutes. ^^^
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Re: Florida Cities and Counties Knowingly Break State Law

Postby NonConformist » Sun Aug 07, 2011 11:54 am

Have no fear, im sure their brave local LEOs will ignore their own laws in favor of state law and not just do what they are told, im sure they will be reasonable and understanding until the new law goes into effect
"Men trained in arms from their infancy, and animated by their love of liberty, will afford neither a cheap or easy conquest." -From the Declaration of the Continental Congress, July 1775.
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Re: Florida Cities and Counties Knowingly Break State Law

Postby BasketCase » Sun Aug 14, 2011 12:06 am

Here is a very one sided article that needs some comments:
http://www.orlandosentinel.com/news/pol ... 1647.story
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Re: Florida Cities and Counties Knowingly Break State Law

Postby P5 guy » Mon Aug 15, 2011 4:40 pm

http://www.theblaze.com/stories/gun-rig ... trictions/

How is this working and will it get R Scott's autograph?
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Re: Florida Cities and Counties Knowingly Break State Law

Postby mjmensale » Mon Aug 15, 2011 7:07 pm

P5 guy wrote:http://www.theblaze.com/stories/gun-rights-win-in-florida-state-law-will-soon-end-local-firearms-restrictions/

How is this working and will it get R Scott's autograph?


Guess you missed this line?
But thanks to the law recently signed by Governor Rick Scott, that’s all about to change in the Sunshine State.
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Re: Florida Cities and Counties Knowingly Break State Law

Postby czharry » Mon Aug 15, 2011 11:44 pm

I wonder if this will somehow trump what's been added to the state's constitution -
Article 8, Section 5— (b) Local option., which has included long guns under the same umbrella.

"Starting October 1st, any public official who passes or enforces gun regulations below the state level faces a $5,000 personal fine and could even be removed from office by the governor for enacting or enforcing local gun laws."

Additionally, The City of Miami has a law that prohibits air, compressed gas or other powered guns. I'm sure it's still in effect.
There is FS790.22, which addresses these type guns. It looks like the Miami law pertaining to this prohibition may also go away.
It may not be enforced all the time, but it's still there.
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Re: Florida Cities and Counties Knowingly Break State Law

Postby TheHobbiest » Sat Jan 07, 2012 3:34 pm

What happened Oct 1? :-k
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Re: Florida Cities and Counties Knowingly Break State Law

Postby birdman » Sat Jan 07, 2012 4:18 pm

TheHobbiest wrote:What happened Oct 1? :-k


Oct 1st is the date the new penalties on violations of the F.S. 790.033 Preemption law went into effect (Gov. Scott signed it into law in June, but it didn't go into effect until later to allow the cities and counties to revise their regulations.)

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