Posted on 10/13/2024 10:28:09 AM PDT by CFW
Many states have preemption laws. What few states have are preemption laws with teeth.
Because of that, some cities keep trying to push things by enacting restrictions, knowing full well that it'll take time before the courts toss out the regulations, and beyond that, there are no consequences to speak of.
In Florida, though, their preemption law actually has some teeth. In fact, officials in Okeechobee who tried to ban guns in what they claim was a mistake may well find out just how much bite they have.
The five-member Okeechobee, Florida city council and Police Chief Donald Hagan may each be forced to pay $5,000 personally — without using taxpayer dollars — for violating Florida’s powerful preemption statute, which only allows the state legislature to regulate firearms.
As previously reported, the city adopted an illegal ordinance shortly before Hurricane Helene made landfall, which banned the sale of guns and ammunition and prohibited firearm possession in public by anyone other than law enforcement or members of the military.
After learning of the civil rights violation, Florida Carry, Inc. sent a demand letter titled Written Notice of Preemption Violation and Offer of Settlement, to the city council and Chief Hagan, warning the recipients they have violated Florida’s preemption statute.
The letter, which was written by Florida Carry, Inc. General Counsel Eric J. Friday, spelled out that the pro-gun group has sufficient standing to bring a lawsuit if the ordinance is not repealed within 30 days, and demanded the payment of $30,000 in damages and attorneys’ fees to “resolve this matter prior to initiation of litigation.”
(Excerpt) Read more at bearingarms.com ...
Now that's more like it. Personally I'd like to see jail time for public officials who abuse their powers of office but this will do nicely.
Sounds like some council princes/princesses need to be recalled or fired as well.
How many obeyed that illegal order?
<>Okeechobee officials might not have meant to break the law<>
Nonsense.
I guarantee the city attorney warned them of the law.
The police chief should update his resume.
I wonder if Police Chief Hagan is one of Festus Hagan’s uncles.
Where was their legal counsel?
This was deliberate; and I have not seen an explanation as to why rural community leaders decided to go communist. They should know better.
Hate to say it but these leaders need to be disciplined hard while the public watches.
We can’t have looters getting shot now can we?
Now we need to see laws that protect citizens against erroneous swat attacks and shootings of dogs or innocent or crippled people...
$50,000 from every miscreant involved might slow down the frequency of these incidents...
Lots of times client decide to ignore their lawyer's advice.
No guarantee the city attorney wasn't in on it.
I remember when Hurricane Andrew hit Florida. the newsmen reported and filmed homeowners well armed against LOOTERS with Strike Street Sweeper revolving shotguns.
Not long after, the ATF banned the Striker as a “Weapon of mass destruction.”
Revolving shotguns had been legal since the 1850s. Now they are banned.
Welcome to freeFlorida commiecrats!
Embrace the suck you petty tyrants.
Penalty should’ve been one year of gross salary from each, immediate termination, elimination of retirement benefits and matched 401k contributions, with permanent no-rehire status in any position of public trust nationwide. There needs to be a nationwide database for such tyrants. The “cop moves to a different city and abuses citizens again” needs to stop, with prejudice.
Personally, prefer a simple hot iron brand on the cheek “t”, for tyrant
Nothing happened to Michelle Lujan-Grisham.
https://www.law.cornell.edu/uscode/text/18/242
Check out the penalties.
The perps got off work a slap on the wrist.
...got off with a slap on the wrist...
I would file a lawsuit every time one of these fuhrer wannabes tries to pass any friggin law.
But alas, I don’t have millions available to hire lawyers to do this.
If someone would show how to write up a lawsuit and how to serve it, I would begin in earnest.
The courts are supposed to be available to the average citizen.
I would like jail time too 50/50. A $5,000 fine and 6 months in jail. A 6 month sentence is approximately worth $5k of these politicians lives IMHO. And a 6 month sentence will assure that no other tyrants try this.
In my county an ordinace was passed in the 1980 WITH apparent approval of the county attorney.
Despite viating state law and Constitutional rights.
Ordinance recinded and later replaced .
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