Skip to comments.Florida Supreme Court upholds law forbidding local governments from over-restricting gun, ammo sales
Posted on 01/20/2023 5:15:05 PM PST by Tolerance Sucks Rocks
The Florida Supreme Court has upheld a law that forbids local governments from restricting sales of guns and ammunition beyond state law.
In a 4-1 ruling, the court said local officials could face stiff penalties if they try to enforce the restrictions that go beyond the Florida law.
Florida passed a law in 1987 the stated local cities and counties could not have restrictions on guns that were more restrictive than the state's, law.
"It is not a core municipal function to occupy an area that the Legislature has preempted, and local governments have no lawful discretion or authority to enact ordinances that violate state preemption," according to the recent court opinion.
Those who violate the decades-old law face a penalty of as much as $5,000. Plaintiffs who think they've been harmed by the local over-restrictions can sue the government for up to $100,000 in damages.
Why was this 4-1? This is a no brainer.
Florida has got IT.
And to think, in the 1970s the anti-gun radicals thought they could get such laws passed in that state.
The were partially successful. Atlanta and Columbus passed restrictions that were pretty much on handgun control’s wish list. The GA general assembly passed preemption and invalidated those laws. The mayor of Columbus threatened to have their laws enforced regardless say “We like our gun control laws”. The Stare attorney general told him he could be sued ad he backed off. The Atl city council tried the same thing but were actually recorded stating that they knew it would violate state law. The were told that they would get into personal trouble if they continued and backed off.
And here is what the Ga State Supreme Court said in about a Ga ban on handguns in 1846.
19. * Nunn v. State, 1 Ga. (1 Kel.) 243, at 251 (1846).
“’The right of the people to bear arms shall not be infringed.’ The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State.”
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