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Florida Carry Sues the City of Leesburg FL
Ammoland ^ | 14 March, 2012 | Florida Carry

Posted on 03/14/2012 11:53:01 AM PDT by marktwain

Florida - -(Ammoland.com)- Leesburg FL (March 14th, 2012) As was reported in December, the City of Leesburg, FL has decided to stick by its anti-gun laws in direct defiance of state law and their own city charter.

Leesburg City Manager Jay Evans has flatly refused our requests that the city repeal its firearm ordinances, in compliance with state preemption of firearms law.

City Manager Evans stated that:

“Any action taken in the future regarding the existence of these laws in our Code of Ordinances will be done at the discretion, pleasure, and timing of the Leesburg City Commission.”

The City of Leesburg, and its manager, have remained openly defiant for months. Abiding by state law is not optional and our members demand that we have compliance.

On behalf of our members, and pursuant to our organization’s mission, Florida Carry, Inc. has filed a complaint with the Florida circuit court in Lake County to demand that they follow the law.

Florida Carry is not being “over-zealous with the rhetoric” as City Manager Evans has said.

Florida Carry Executive Director Sean Caranna put it very clearly:

“This isn’t rhetoric, this is the law, and we are done waiting for the city to obey it. We demand compliance now.”

More cases are being prepared now against other jurisdictions that continue to violate your right to bear arms. We can’t do this work without your support.

About: Florida Carry, Inc. is a non-profit, non-partisan, grassroots organization dedicated to advancing the fundamental civil right of all Floridians to keep and bear arms for self defense as guaranteed by the Second Amendment to the United States Constitution and Article I Section 8 of the Florida Constitution. Florida Carry stands only to represent our members and the over 7 million gun owners of Florida. We are not beholden to any national organization’s agenda that may compromise that mission.

Florida Carry works tirelessly toward striking down ill-conceived gun control laws that have been proven to provide safe havens to criminals and be deadly to law abiding citizens.


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Florida
KEYWORDS: banglist; corruption; fl; florida; govtabuse; leesburg; liberalfascism; preemption; tyranny
Statists tend to believe that they are above the law.
1 posted on 03/14/2012 11:53:07 AM PDT by marktwain
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To: marktwain

I use to live in this county. a woman drove over my friend who was sitting on his HD at a red light. she tried to leave the scene with his motorcycle under the grill of her truck. she got 30 days. august 2006 RIP Byron.


2 posted on 03/14/2012 12:00:59 PM PDT by Donnafrflorida (Thru HIM all things are possible.)
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To: marktwain
Il Duce Douchebag Jay Evans needs to be fired by We The People of Leesburg Florida.
3 posted on 03/14/2012 12:26:57 PM PDT by mkjessup (Jimmy Carter is the Skidmark in the panties of American history, 0bama is the yellow stain in front!)
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To: marktwain

The city manager appears to be an egotistical putz that just wants to run his fiefdom as he sees fit.

His response to the request that Leesburg update its code to reflect state law:

Mr. Nascak:
Let’s not get over-zealous with the rhetoric. The City of Leesburg is well aware of FS 790.33. You will note the statute says specifically that local governments are prohibited from “enacting, enforcing, or promulgating ordinances which regulate firearms and ammunition...”. None of these things has occurred since October 1, 2011. There is no requirement that we repeal said laws, as you seem to indicate is necessary. Any action taken in the future regarding the existence of these laws in our Code of Ordinances will be done at the discretion, pleasure, and timing of the Leesburg City Commission.
Sincerely,

Jay M. Evans
City Manager
City of Leesburg, Florida


4 posted on 03/14/2012 1:50:33 PM PDT by VeniVidiVici (Democrats love direct democracy until it's time to vote on something. Then they scream for a judge)
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To: VeniVidiVici
One of the meanings of "promulgate" that I find is "publish". The city is probably under a legal requirement that all of their ordinances be published. By leaving anti-gun laws on the books, they may well be publishing such laws even if they have no intention of enforcing them.

Is it the policy of the city that their law enforcement agencies shall decide what city laws are enforced? If not, then leaving the laws on the books would constitute an attempt to enforce such laws, I think.

Just as individuals should be very cautious about questioning the authority of a judge in his courtroom, so too cities should be cautious about challenging the authority of the state legislature and governor.

5 posted on 03/14/2012 3:45:28 PM PDT by William Tell
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To: marktwain
Here in Kalifornia we have several cities on the verge of bankruptcy. I doubt that the city of Stockton, for example, would invite people to sue them in cases where the city was likely to lose.

In this Florida case, perhaps an appeal to the public will wise up the city manager regarding the expenditure of public funds for foolish purposes.

It might also be useful to ask the city manager what he believes the legislature meant by the term "promulgate". Obviously the word cannot refer to enacting or enforcing since those acts are otherwise specifically prohibited. What does that leave?

6 posted on 03/14/2012 3:52:42 PM PDT by William Tell
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