Comments on: Cities, Counties Take Aim At Florida Gun Law

By: Supreme Court Ruling on This:

Supreme Court Ruling on This: — Mon, 16 Apr 2018 03:16:01 +0000

From the Majority Opinion, Heller versus District of Columbia, 2008:

Held: (that is, ruled.)

(1) that the 2nd amendment right to own a firearm in the home for the purpose of self defense would exist even if the 2nd amendment did not. (short version: the 2nd amendment cannot be repealed.) reason: there is no reasonable way to keep firearms out of the hands of those who wish to do harm to others. since this is true and the delay of calling the police and waiting for their arrival is not practical, the right must exist so that society can peacefully exist.

(2) the 2nd amendment is incorporated against the states. that is: states do not have the authority to override the amendment. cities and counties are automatically included in this prohibition against infringement.

(3) the phrase “the right of the people” in 4 other places in the constitution refers to a right granted to the individual. by context in the document, “the right of the people” in the 2nd amendment refers to an individual right – that is: the argument by gun banners that the right only applies to members of a well regulated militia is invalid. (in this case, pro-ban side said the right only applied to members of the national guard!)

(4) the argument “only applies to weapons in existence at the time of adoption” is specious and flies directly in the face of precedented case law which directly applies to the 1st, 4th, 5th, and 6th amendment. Therefore, the amendment *DOES* cover new weapons which did not exist at the time of adoption, the same way that the 1st amendment covers the internet, the 4th amendment covers wire taps, and the 5th amendment covers E-mail. *He listed the cases which expanded the coverage for the other rights.*

(5) being necessary for the usage of a gun, any prohibition which makes ammunition hard to obtain will also be invalid.

so…

I do hope for all concerned that this helps.

By: Rocky

Rocky — Sun, 15 Apr 2018 06:29:58 +0000

Personally I think we all need to set our guns aside for a day, and take up axe handles. And, then we need to walk through all branches of government large and small, smacking elected representatives in the head, and see if MAYBE we can rattle some common sense back into them.

The existing 2011 law was written to prevent a hodge podge of local gun laws, that would place law abiding citizens of the state of Florida in jeopardy every time they ventured out. It was designed to stop exactly what these morons are trying to create.

By: Laughable

Laughable — Sun, 15 Apr 2018 02:40:51 +0000

I still find it amazing that the they are touting the “high capacity magazine” line, considering the shooter in south Florida did not use them (instead he had 15 ten round magazines). Not much media coverage on that fact either, go figure…

By: David Huie Green

David Huie Green — Sat, 14 Apr 2018 22:53:38 +0000

REGARDING:
“Gun laws need to be left up to the State of Fl, and kept consistent.”

Actually, the Second Amendment forbids any infringement of the right to keep and bear arms. It doesn’t limit itself to Congress or the Federal Government.

The laws which exist are only lawful because the Supreme Court says they are — which the Constitution allows them to do. The Supreme Court can’t exceed its power since the Construction calls it SUPREME. Of course, that power really only extends to issuing opinions/rulings which still requires the Executive Branch to carry out for anything to happen.

David for good laws

By: M in Bratt

M in Bratt — Sat, 14 Apr 2018 00:51:35 +0000

Gun laws need to be left up to the State of Fl, and kept consistent. If cities and counties are allowed to pass their own laws, the law abiding citizens won’t be able to keep up with what the law is in an area they are passing through.Imagine if you will, Santa Rosa County, or Gulf Breeze passing their own gun laws. An Escambia resident could possibly get in deep trouble while just going home from work in Escambia County to his home on the beach while possessing a firearm in a legal fashion in Escambia Co. All one needs to do is look at the statistics, the highest rate of gun related crimes are in the areas with the strictest gun regulations.

By: Sedition

Sedition — Fri, 13 Apr 2018 23:56:12 +0000

Amendment II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

This should apply to states and the nation as a whole. The courts “opinions” should be null and void because the Bill of Rights limits GOVERNMENT, not the people. The courts, the third branch of government, has usurped power it does not legally have, much like the states have.

By: Mr. Nobody

Mr. Nobody — Fri, 13 Apr 2018 14:59:31 +0000

Well I say that the law abiding citizens will follow the rules imposed on them regardless of how they feel about the rule because they don’t want to go to jail. However criminals will not. So if the criminals use a weapon during the commission of a crime and police protection is 3-5 min away what are those law abiding citizens supposed to do to protect themselves? If we are in a public place and the majority of the law abiding citizens are carrying a weapon concealed and an active shooter situation occours then the situation would be stopped before the police ever arrive. If you don’t carry a weapon and someone next to you does and they stop the threat I’d be willing to bet the outlook of guns wouldn’t be so bad. We could always deputize everyone who wants to carry. No uniforms just a badge and permission to carry. I bet half of Florida would be on the police team. Sometimes the best deterrent is a show of force.

By: jp

jp — Fri, 13 Apr 2018 13:58:40 +0000

Anyone that has spent much time in South Florida will see that it is more like a South American country than the US. Spanish is the language most heard. Californians mostly in the north are wanting to split off and form a separate state from the loonies in the south part of the state.
I propose that Florida be split at the Apalachicola River with the south and east portion be called the state of Portiflorida, or what ever people like George Soros suggest. The western portion is the only part that remotely resembles the old Florida, and that wasn’t bad.
It is obvious to anyone that hasn’t been in a coma that guns and magazines were not the problem with the last or any mass shootings, and that futher gun and magazine restrictions will not stop a crazy, determined person.
London citizens have no guns and has now passed NY City in assaults – with knives that they now want to ban. Also check out Australia’s gun and other violence since they confiscated virtully all guns.
Oh, and Porta Rico is not a safe place to visit either with their gun restrictions that the drug and gang people ignore.
Then check the history of any and all countries that confiscated guns.
If the 2nd Amendment is abolished or weakened the rest of our Constitution will rapidly follow.
In south FL the liberal gun banners were well organized and well financed before the school shooting, just waiting for an opportunity.
It was a sad day when our Senator Broxson voted for, and Govonar Scott signed the knee jerk law FL now has, and will do nothing to curb violent acts. I can see that Scott wants to be elected to a statewide office, but not Broxson’s vote?

By: Avis

Avis — Fri, 13 Apr 2018 06:24:25 +0000

Most gun owners and even NRA supporters do not oppose the restriction of deadly weapons in the hands of criminals and other evil doers. The problem comes in to play when the precedent is set with the most minute restriction toward that end. It’s like a tiny pin hole in the dam. There’s just no stopping it from there. There is a group, and we all know who they are, that wants complete and absolute disarming of Americans whether law abiding or criminally insane. Only the law abiding would comply with such a law. Law enforcement cannot keep pace with the criminals as it is, try to imagine if they lose the help of the silent (armed) majority what a circus it would be. I think its best to leave things like they are and let it play out. Constantly ringing the bell of discontent about guns this, guns that, only gives hope to the criminal that he will soon operate with impunity and he can finally be in charge of us all with his illegal guns. Nope, I think I’d rather have it and not need it than to need it and not have it.