Did not know West Palm Beach banned gun and ammo sales

[Firemedic2000]

I was watching One America NEWS and apparently the Mayor of WPB Keith James declared a 72 hour local State of Emergency suspending gun and ammo sales because of riots. I find it strange I've been watching FOX NEWS and not a mention of this ban.

First off I did not think a Florida Mayor or any local governments could do that. Only the GOVERNOR could suspend gun and ammo sales.

Second off it was just for the city of WPB. What the hell good would that do. When you could just go out of the city or to the next county to buy ammo or guns.

Also banned private citizens from being in possession of firearms in public. Did this mean CWL holders also. Plus the right to carry if properly stored in your vehicle by those with no CWL.

This clearly is a violation of state law and 2nd ADMENDMENT. A city Mayor can do this WOW
To strip away the rights of law abiding AMERICANS to defend themselves against violence under the guise of rioters. But don't worry the police will protect you.

It sounds more like this Mayor was protecting rioters from lawful gun owners and their right to defend themselves against these thugs. If they attack INNOCIENT Floridians while out in the public. Where they have a right to be and a right to defend themselves against violent acts against them.

Is there a state law that prevents local goverments from doing this. I mean this ban differs from other cities and counties of the state. What if your driving through WPB and are stopped. Do you get arrested and your weapons confiscated by these liberal POS.

Saw that it was just hours away from resuming sales.

I did not see nor hear anything about this ban.

But when I googled this the local NEWS networks did not have a link to this.

Link 1 to news article

Link 2 TO NEWS ARTICLE

Excerpt

His declaration also bans “the intentional display by or in any store or shop of any ammunition or gun or other firearm of any size or description.”

James’ declaration also bans law-abiding citizens from carrying guns in public places for self-defense.

The prohibitions are all in effect until 9 p.m. local time tonight.

If there is already a post on this my bad. But this was the first I've heard of this ban. It's gotta be illegal under Florida law.

[tcpip95]

Not according to the Florida Preemption Statute 790.33

http://www.leg.state.fl.us/statutes/ind ... 90.33.html

"790.33 Field of regulation of firearms and ammunition preempted.—
(1) PREEMPTION.—Except as expressly provided by the State Constitution or 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, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void."

(3) PROHIBITIONS; PENALTIES.—
(a) Any person, county, agency, municipality, district, or other entity that violates the Legislature’s occupation of the whole field of regulation of firearms and ammunition, as declared in subsection (1), by enacting or causing to be enforced any local ordinance or administrative rule or regulation impinging upon such exclusive occupation of the field shall be liable as set forth herein.
(b) If any county, city, town, or other local government violates this section, the court shall declare the improper ordinance, regulation, or rule invalid and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, or rule. It is no defense that in enacting the ordinance, regulation, or rule the local government was acting in good faith or upon advice of counsel.
(c) If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred.
(d) Except as required by applicable law, public funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated this section.
(e) A knowing and willful violation of any provision of this section by a person acting in an official capacity for any entity enacting or causing to be enforced a local ordinance or administrative rule or regulation prohibited under paragraph (a) or otherwise under color of law shall be cause for termination of employment or contract or removal from office by the Governor.
(f) A person or an organization whose membership is adversely affected by any ordinance, regulation, measure, directive, rule, enactment, order, or policy promulgated or caused to be enforced in violation of this section may file suit against any county, agency, municipality, district, or other entity in any court of this state having jurisdiction over any defendant to the suit for declaratory and injunctive relief and for actual damages, as limited herein, caused by the violation. A court shall award the prevailing plaintiff in any such suit:
1. Reasonable attorney’s fees and costs in accordance with the laws of this state, including a contingency fee multiplier, as authorized by law; and
2. The actual damages incurred, but not more than $100,000.

[Big_mike]

I would love to know more as well.

How is this not preemption?

[Big_mike]

Not according to the Florida Preemption Statute 790.33

http://www.leg.state.fl.us/statutes/ind ... 90.33.html

"790.33 Field of regulation of firearms and ammunition preempted.—
(1) PREEMPTION.—Except as expressly provided by the State Constitution or 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, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void."

Maybe it's time to call Gutmacher?

[Firemedic2000]

That's what I thought. So this DEMOCRATIC SOCIALIST EXTREMISTS LIBERAL went against Florida law and just declared his own State of Emergency suspending buy, selling and possession of firearms in the city. Plus banned the sale of ammunition also.

Where's our GOVERNOR on this.

[Firemedic2000]

I just emailed
Vern Buchanan
Rick Scott alot of good he will do.
Rubio
And
Governor DESANTIS

Over this Blanton violation of Florida's law

[TACC]

I would like to hear their response, and how long it takes to get a response

Sent from my SM-G965U using Tapatalk

[tcpip95]

UPDATE: Actually FSS 870.044 gives the mayor the legal authority to do this. Crazy!

http://www.leg.state.fl.us/statutes/ind ... 0.044.html


870.044 Automatic emergency measures.—Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, the following acts shall be prohibited during the period of said emergency throughout the jurisdiction:

(1) The sale of, or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size or description.

So stock up on ammo.

[Firemedic2000]

Ok does it give them the authority to prohibit citizens. Even citizens with CWL to have, posse firearms on or about them while in public.

In other words the power to ban all lawful gun owners from having a firearm in their possession while outside their home.

Plus this Mayor not the GOVERNOR declared a state of emergency. He CAN'T do that.

[tcpip95]

Ok does it give them the authority to prohibit citizens. Even citizens with CWL to have, posse firearms on or about them while in public.

In other words the power to ban all lawful gun owners from having a firearm in their possession while outside their home.

Plus this Mayor not the GOVERNOR declared a state of emergency. He CAN'T do that.

Read 870.043 and you'll see that the Sheriff and/or designated representative (i.e. mayor) have the authority to declare it for a period not to exceed 72 hours. That is exactly what the mayor did. He did it strictly by the book.

No, even with CWL you are not allowed to have a weapon in public. You can have a weapon in your car (i.e. not in a public place), at your home or business (not a public place). You cannot buy/sell/advertise guns and ammo sales. Buy your ammo ahead of time, and man the ramparts.