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Florida Senate briefly approves AR-15 ban, then rejects it
Tampa Bay Times ^ | March 3, 2018 | Steve Bousquet.Mower,Klas

Posted on 03/03/2018 12:13:20 PM PST by Beautiful_Gracious_Skies

TALLAHASSEE — On a day filled with emotion, the Florida Senate Saturday debated measures in response to the Parkland tragedy to spend millions of dollars on school safety and mental health that lawmakers have long neglected and limits on access to guns for the first time in decades.

In an unexpected move by a staunchly pro-gun Legislature, senators briefly approved and then rejected a two-year moratorium on sale of AR-15 assault rifles, the type used in the Feb. 14 massacre at Marjory Stoneman Douglas High School in Parkland.

The surprise action came on an unrecorded voice vote, in which senators shout yea or nay.

Senate President Joe Negron ruled that the amendment passed. As Senate rules allow, it was reconsidered and overturned by a roll call vote of 21-17.

Every no vote against a moratorium was cast by Republicans. Voting for a moratorium were all 15 Senate Democrats and Republicans Anitere Flores of Miami and Rene Garcia of Hialeah.

Sen. Jose Javier Rodriguez, D-Miami, called assault rifles “weapons of war designed to kill efficiently and effectively … and then they’re modified for civilian use by a $17 billion industry.”

Some Republicans argued that a ban on any specific type of weapon was unconstitutional, and the first step toward confiscating guns from law-abiding citizens. Democrats countered that a ban on 45 types of assault weapons in Maryland has been upheld by a federal appeals court.

The Republican majority also succeeded in defeating Democratic proposals for a permanent assault weapons ban; mandatory registration of guns; and new child-proof trigger locks on guns.

The senator who called for a second vote was Sen. Rob Bradley, R-Fleming Island, the chairman of the Senate Appropriations Committee.

Republicans questioned the legality of outlawing sales of a specific type of firearm, and it was unlikely that the more conservative House would have agreed with the moratorium.

On the moratorium question and many others, Democrats insisted on recorded roll call votes. It was part of a strategy to force Republicans to reaffirm their support for the gun lobby’s agenda in an election year in which guns could be the single most important wedge issue.

Senators spent all day Saturday debating the gun measures in advance of a final vote Monday.

“If anything has come out of that tragedy, it is the realization that we have not done enough to this point comprehensively to have mechanisms in place…to prevent this from occurring,” said Sen. Bill Galvano, R-Bradenton, as he introduced a new draft of the Senate plan.

The Senate had planned to take up its version of the legislation Friday, but with dozens of amendments drafted by Democrats, Senate leaders decided to spend much of Saturday debating the issue.

Galvano also revised the proposal to include some components sought by House leaders in an attempt to send the bill to the other chamber and have it approved in time for it to reach the governor’s desk before session ends on March 9.

Galvano called the legislation a compilation of “many, many ideas,” informed in part by the parents of victims and students at the school and many in the Parkland community who traveled to Tallahassee.

“I think this journey is just beginning,” Galvano added. “This is not the end all and be all. I think we have much to do in this area, and I plan to do much in this area” so that all people are “safe to lead their daily lives and be productive in this state.”

The four-part package focuses on mental health, firearms safety, school safety and communication and includes what Galvano said was “the most frequent request” — to raise the age from 18 to 21. He failed to note that many of the parents and thousands of activists who rallied at the Capitol also wanted lawmakers to ban assault weapons.

Responding to questions, Galvano said he included what he thought was necessary for school safety, and he “did not want to include at this point a complete ban on firearms.” He said he does not believe an assault weapons ban would be constitutional under the privacy and right to bear arms provisions of Florida’s Constitution.

Known as the Marjory Stoneman Douglas High School Public Safety Act, the legislation will be accompanied by an unprecedented infusion of cash into the school system to address mental health issues.

The package includes $18.3 million for mobile crisis teams working with the Department of Children and Families and the schools; $500,000 for mental health first aid training: and $69 million for mental health assistance to school districts.

In response to reports that law enforcement and school officials had numerous warnings signs to flag troubling behavior by gunman Nikolas Cruz, Galvano said the legislation “empowers law enforcement” to seize and hold firearms for up to 24 hours for anyone who is being held under the Baker Act and longer if they obtain a risk protection order from the court. If someone is deemed a “significant risk or threat” a court can also issue a search warrant for firearms.

The Senate expects to debate the bill much of Saturday, addressing as many as 41 amendments filed mostly by Democrats, and vote on the bill on Monday.

In a caucus meeting before the session, the 15 Senate Democrats agreed on a series of a half-dozen amendments that they will demand be decided by recorded roll call votes. The amendments include a proposed assault weapons ban and restoring the ability of cities and counties to enact stricter gun laws than the Legislature has approved.

One reason Democrats want to record votes on those amendments is to build a record for use in upcoming campaigns in which support or opposition for stricter gun controls could be a major issue.

“The message that we send begins here today,” said Sen. Darryl Rouson, D-St. Petersburg.

Key features of the bill include:

* Expanding the existing three-day waiting period on handguns to apply to all firearms and requiring that the waiting period be extended if the gun background check is not completed. The exceptions to the waiting period are for those who already hold concealed weapons permits and for people who have completed a 16-hour hunter safety course, are law enforcement or correctional officers or are members of the military.

* Raising the minimum age to purchase a rifle or a shotgun from 18 to 21.

* Banning the use, sale and possession of bump stocks, which modify semi-automatic firearms to become automatic.

* Establishing the Marjory Stoneman Douglass Public Safety Commission beginning in June and lasting for three years. The panel will make recommendations on school safety and understand what went wrong at Douglas High. Members will be appointed by the Legislature, the Florida Department of Law Enforcement and the governor. “This commission will have teeth,” Galvano said, noting it will have the ability to review records and issue subpoenas through FDLE.

* Creating the Office of Safe Schools, which includes a safety officer in each district and an individual in each school. The goal is to apply the best practices and “make sure that along with everything else that we focus on from the state down to the local that we prioritize safety and security,” Galvano said.

* Providing mental health money to serve at-risk children and families in the school system.

* Establishing Safe School officers in each school, including school resource officers as well as the ability for some districts to train and arm teachers or other school personnel to carry concealed weapons. “We want to have at least one or more officers at each school,” Galvano said.

* Establishing the “marshal program” that allows school districts and sheriffs departments the option of developing a program for school personnel to undergo 132 hours of training, “for the limited purpose of responding to an active shooter situation,” Galvano said. “There will be no other authority invested in that purpose.”

* Developing a mobile app called “Fortify Florida,” for students, parents, teachers and others to forward tips on suspicious activity and behavior anonymously. Galvano said it was a recommendation that came to the legislature through the attorney general’s office but “the legislation is not geared to any particular vendor.”

“We have to start somewhere,” Galvano said, noting the speed with which the measure has moved in less than a week.

During the debate Saturday morning, senators from both parties peppered Galvano with questions for nearly two hours.

Many questions centered on the “school marshal program,” which would deputize trained school personnel to carry concealed weapons during school hours. Galvano repeatedly emphasized it would be voluntary and could take place only with the approval of a county sheriff and school superintendent.

“The intent is that it is voluntary on the part of the sheriff,” Galvano said.

Parkland parents and students who have appeared before legislative committee were overwhelmingly opposed to arming school teachers, as is the governor. The black caucus took a position in opposition of the measure, saying they fear that black students could be disproportionately targeted by teachers carrying weapons.

Because the bill limits access to guns to some people, the National Rifle Association opposes the bill. In a blast message to members, the Florida chapter of the National Rifle Association on Thursday urged their members to call for a defeat of the bill.

“Senators are being bullied into voting for gratuitous gun control measures in order to be able to vote on school safety,” the message said. “Senate leadership is trying to force Senators to vote for gun control if they want to vote to harden schools, to put armed security in schools and to keep guns out of the hands of dangerously mentally ill people.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; US: Florida
KEYWORDS: 2a; 2ndamendment; ar13; ar15; banglist; fl; florida; guns
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To: Beautiful_Gracious_Skies

Civil War era muskets were also weapons of war and lol quite efficiently...why not ban them?


21 posted on 03/03/2018 12:44:33 PM PST by The Great RJ ("Socialists are happy until they run out of other people's money." Margaret Thatcher)
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To: MHGinTN

Actually, Mr. Cruz has already admitted to the MSD shooting. Now it’s just a matter of sentencing. Will the jury buy into his attorney’s pleas to get him off with an insanity defense?

That will be very tough in Florida, given the circumstances of Mr. Cruz’s crime.


22 posted on 03/03/2018 12:49:49 PM PST by Beautiful_Gracious_Skies
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To: Beautiful_Gracious_Skies

Establishing the Marjory Stoneman Douglass Public Safety Commission beginning in June and lasting for three years. The panel will make recommendations on school safety and understand what went wrong at Douglas High. Members will be appointed by the Legislature, the Florida Department of Law Enforcement and the governor. “This commission will have teeth,” Galvano said, noting it will have the ability to review records and issue subpoenas through FDLE.

Democrats establish a commission which does nothing, but give three years of paychecks to cronies, and accomplishes nothing at all.


23 posted on 03/03/2018 12:58:01 PM PST by nobamanomore
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To: Beautiful_Gracious_Skies

The ‘kid’ is not sane. And the drugs he has been ingesting are not removing his mental illness. When the rules of evidence are ignored, especially in this day and age, there is an agenda being served, and perhaps an evil exercise being carried out. What happens if he changes his plea? ... Think about it. Now that this is being brought to light, expect the ‘kid’ to ‘off himself’ in his cell or the shower.


24 posted on 03/03/2018 1:01:08 PM PST by MHGinTN (A dispensational perspective is a powerful tool for discernment)
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To: Beautiful_Gracious_Skies
That's it - Blame the gun for the incompetence and political correctness that led to this massacre.

How about some firings and some prosecutions of the real guilty parties?

Those who set the stage for this tragedy and those who failed at their jobs of enforcing the laws and protecting the students should be held accountable.


25 posted on 03/03/2018 1:01:37 PM PST by Iron Munro (If Illegals voted Rebublican 66 Million Democrats Would Be Screaming "Build The Wall!")
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To: Beautiful_Gracious_Skies

BTW, with a guilty plea there is no jury ... think what happens if he changes his plea and he is scheduled to go to trial!


26 posted on 03/03/2018 1:03:12 PM PST by MHGinTN (A dispensational perspective is a powerful tool for discernment)
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To: Beautiful_Gracious_Skies
Actually, Mr. Cruz has already admitted to the MSD shooting.

That doesn't negate the incompetence and sloppy work on the part of the sheriff department.

Or the insane political correctness and incompetence of the school administration and government at all levels.

There is an abundance of culpability and guilt in all areas and heads should roll, but blame is focused on an inanimate object.


27 posted on 03/03/2018 1:08:39 PM PST by Iron Munro (If Illegals voted Rebublican 66 Million Democrats Would Be Screaming "Build The Wall!")
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To: nobamanomore
Democrats establish a commission which does nothing, but give three years of paychecks to cronies, and accomplishes nothing at all.

Their final findings will be that they need more money and more permanent jobs for loyal cronies.


28 posted on 03/03/2018 1:11:42 PM PST by Iron Munro (If Illegals voted Rebublican 66 Million Democrats Would Be Screaming "Build The Wall!")
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To: MHGinTN

In Florida, most especially South Florida Cruz is considered sane. Insanity as a defense to murder can be raised, after the accused admits to the murder(s), which Cruz has already done.

South Florida criminal juries are very reluctant to accept insanity defenses. Insanity under Florida criminal law, means that due to a mental infirmity, disease or defect the accused did not know what he/she was doing or its consequences, or, although he/she knew what he/she was doing, but did not know it was wrong. Cruz knew what he was doing was wrong and escaped to conceal his actions. he knew he’d be facing death row.

In Florida criminal courts (Fort Lauderdale, W. Palm Beach and Miami) there is a presumption of sanity.

That means an accused murderer has the burden of proving the defense of insanity. The standard of proof is by clear and convincing evidence. Clear and convincing evidence is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief, without hesitation, about the matter or defense raised. Unrestrained passion or ungovernable temper is not insanity.

Cruz premeditated his desire to be a school shooter for at least 9 months, if not longer. He did broadcast this to his family, school mates, neighbors and to the world wide web. He might as well as taken out a billboard declaring his intentions to be a massive casualty sniper- school shooter. The Texas Tower shooter was his initial inspiration.

Evil must end, the sooner, the better.


29 posted on 03/03/2018 1:18:40 PM PST by Beautiful_Gracious_Skies
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To: Beautiful_Gracious_Skies

Ref Columbine: In addition to the shootings, the complex and highly planned attack involved a fire bomb to divert firefighters, propane tanks converted to bombs placed in the cafeteria, 99 explosive devices, and car bombs. https://en.wikipedia.org/wiki/Columbine_High_School_massacre#Gun_control


30 posted on 03/03/2018 1:26:32 PM PST by ealgeone
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To: Beautiful_Gracious_Skies

* Developing a mobile app called “Fortify Florida,” for students, parents, teachers and others to forward tips on suspicious activity and behavior anonymously. Galvano said it was a recommendation that came to the legislature through the attorney general’s office but “the legislation is not geared to any particular vendor.”

Oh nice. Anonymous, my a$$!!. This will not be abused, oh no way. Only conservatives will be targeted!!


31 posted on 03/03/2018 1:27:09 PM PST by SgtHooper (If you remember the 60's, YOU WEREN'T THERE!)
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To: READINABLUESTATE
As usual they have it backwards. The AR is a civilian rifle adopted and modified by the military.
Explain, please. The AR was developed for military sales by Eugene Stoner. The semi version on the market is modified internally to be semi, if you look at the parts. (FA hook not on hammer, disconnector bobbed shorter, etc).
32 posted on 03/03/2018 1:28:14 PM PST by Aut Pax Aut Bellum (Stay Calm and Carry.)
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To: Beautiful_Gracious_Skies
The surprise action came on an unrecorded voice vote, in which senators shout yea or nay.

This is pure BS. Voice votes are notoriously unreliable. Whoever shouts the loudest wins, despite actual numbers.

You remember that 2012 DNC convention where they took 4 voice votes on whether to re-introduce a platform honoring God into the Democrat Platform?

Three voice votes clearly rejected the re-introduction. They held a fourth one, and while this one also clearly rejected it with a Nay, the chairman said it was a Yay.

Voice votes are crap.

33 posted on 03/03/2018 1:34:40 PM PST by Lazamataz (What America needs is more Hogg control.)
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To: Beautiful_Gracious_Skies

What is an assault rifle? Is that any weapon a leftist want’s to outlaw for law abiding citizens?


34 posted on 03/03/2018 1:39:06 PM PST by Midwesterner53
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To: Iron Munro

You got it! That is the sole reason these commissions exist, and it pisses me off. The Dem response to any problem is .....spend more money.


35 posted on 03/03/2018 1:42:57 PM PST by nobamanomore
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To: Beautiful_Gracious_Skies
It was part of a strategy to force Republicans to reaffirm their support for the gun lobby’s agenda

No St. Pete Pravda! They reaffirmed their support for the Constitution and the 2nd Amendment!

36 posted on 03/03/2018 1:46:55 PM PST by Road Warrior ‘04 (Molon Labe! (Oathkeeper))
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To: Beautiful_Gracious_Skies

I have very little experience with Florida. I’ve visited, and I really liked what I saw.

There doesn’t appear to be any “traditional” or “Legacy’ businesses there. And nothing old seems to exist. Everything is new and clean.

Not my cup of tea, but I’ve also known hundreds, literally known hundreds of people from Connecticut who have moved there for either retirement or to escape the BS of Connecticut.

And I get the idea from many years ago that it’s really just “Connecticut Lite”.

Connecticut is “California Lite”, that’s for sure. Whenever something gets passed in CA it’s about 10 years before CT passes the same crap.

Am I off here ?


37 posted on 03/03/2018 2:18:02 PM PST by Celerity
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To: Celerity

My husband and I have many family members and friends in Florida. We love to visit there.


38 posted on 03/03/2018 2:19:52 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: Iron Munro

Exactly. How many more unaddressed disturbed juvenile delinquents are flying under the radar? Actually, there has been NO radar in Broward County.

Thanks to the NAACP, Supt. Ralph Runcie, BSO, and the Juvenile justice system- there is no accountability.

A question to all...

How is it legal to run DUAL criminal justice systems?

Sanctuary for Broward; Accountability for the rest of Florida.


39 posted on 03/03/2018 2:21:59 PM PST by Beautiful_Gracious_Skies
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To: Beautiful_Gracious_Skies

Legal ,illegal are such outdated words in the Post-Obama Rat universe!


40 posted on 03/03/2018 2:24:20 PM PST by Reily
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