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Posted: 1/11/2002 12:39:56 PM EDT
Broward, Dade, and Palm Beach Counties have been continuously passing Ordnances infringing our RKBA as set out in the 2nd AMendment and the Florida Constitution. In addition, almost all these alws are in violation of Florida's Pre-Emption (FRS 790.33.) It is time to fight back. We must tell these counties that we won't take it anymore. I will post more info. shortly.
Link Posted: 1/11/2002 12:43:22 PM EDT
[Last Edit: 1/11/2002 12:57:44 PM EDT by cc48510]
[center][b][u]Florida Constitution[/b][/u][/center]
ARTICLE I-- SECTION 1. Political power All political power is inherent in the people. The enunciation herein of certain rights shall not be construed to deny or impair others retained by the people. SECTION 2. Basic rights All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property; except that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law. No person shall be deprived of any right because of race, religion, national origin, or physical disability. SECTION 8. Right to bear arms. (a) The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law. (b)There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun. For the purposes of this section, "purchase" means the transfer of money or other valuable consideration to the retailer, and "handgun" means a firearm capable of being carried and used by one hand, such as a pistol or revolver. Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph. (c) The legislature shall enact legislation implementing subsection (b) of this section, effective no later than December 31, 1991, which shall provide that anyone violating the provisions of subsection (b) shall be guilty of a felony. (d) This restriction shall not apply to a trade in of another handgun. History.--Am. C.S. for S.J.R. 43, 1989; adopted 1990.
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Link Posted: 1/11/2002 12:46:33 PM EDT
Article 8-- SECTION 5. Local option (a) Local option on the legality or prohibition of the sale of intoxicating liquors, wines or beers shall be preserved to each county. The status of a county with respect thereto shall be changed only by vote of the electors in a special election called upon the petition of twenty-five per cent of the electors of the county, and not sooner than two years after an earlier election on the same question. Where legal, the sale of intoxicating liquors, wines and beers shall be regulated by law. (b) Each county shall have the authority to require a criminal history records check and a 3 to 5-day waiting period, excluding weekends and legal holidays, in connection with the sale of any firearm occurring within such county. For purposes of this subsection, the term "sale" means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access. Holders of a concealed weapons permit as prescribed by general law shall not be subject to the provisions of this subsection when purchasing a firearm. History.--Am. proposed by Constitution Revision Commission, Revision No. 12, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
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Link Posted: 1/11/2002 12:48:20 PM EDT
[Last Edit: 1/11/2002 12:58:22 PM EDT by cc48510]
[center][b][u]Florida Revised Statutes[/b][/u][/center]
FRS 790.33 Field of regulation of firearms and ammunition preempted.-- (1) PREEMPTION.--Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited. (2) LIMITED EXCEPTION; COUNTY WAITING-PERIOD ORDINANCES.-- (a) Any county may have the option to adopt a waiting-period ordinance requiring a waiting period of up to, but not to exceed, 3 working days between the purchase and delivery of a handgun. For purposes of this subsection, "purchase" means payment of deposit, payment in full, or notification of intent to purchase. Adoption of a waiting-period ordinance, by any county, shall require a majority vote of the county commission on votes on waiting-period ordinances. This exception is limited solely to individual counties and is limited to the provisions and restrictions contained in this subsection. (b) Ordinances authorized by this subsection shall apply to all sales of handguns to individuals by a retail establishment except those sales to individuals exempted in this subsection. For purposes of this subsection, "retail establishment" means a gun shop, sporting goods store, pawn shop, hardware store, department store, discount store, bait or tackle shop, or any other store or shop that offers handguns for walk-in retail sale but does not include gun collectors shows or exhibits, or gun shows. (c) Ordinances authorized by this subsection shall not require any reporting or notification to any source outside the retail establishment, but records of handgun sales must be available for inspection, during normal business hours, by any law enforcement agency as defined in s. 934.02.
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Link Posted: 1/11/2002 12:48:59 PM EDT
(d) The following shall be exempt from any waiting period: 1. Individuals who are licensed to carry concealed firearms under the provisions of s. 790.06 or who are licensed to carry concealed firearms under any other provision of state law and who show a valid license; 2. Individuals who already lawfully own another firearm and who show a sales receipt for another firearm; who are known to own another firearm through a prior purchase from the retail establishment; or who have another firearm for trade-in; 3. A law enforcement or correctional officer as defined in s. 943.10; 4. A law enforcement agency as defined in s. 934.02; 5. Sales or transactions between dealers or between distributors or between dealers and distributors who have current federal firearms licenses; or 6. Any individual who has been threatened or whose family has been threatened with death or bodily injury, provided the individual may lawfully possess a firearm and provided such threat has been duly reported to local law enforcement. (3) POLICY AND INTENT.-- (a) It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws. (b) As created by chapter 87-23, Laws of Florida, this section shall be known and may be cited as the "Joe Carlucci Uniform Firearms Act." History.--ss. 1, 2, 3, 4, ch. 87-23; s. 5, ch. 88-183
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Link Posted: 1/11/2002 12:51:19 PM EDT
[Last Edit: 1/11/2002 12:56:55 PM EDT by cc48510]
[center][b][u]Miami-Dade Ordnances[/u][/b][/center]
Sec. 21-7. Sale of firearms to. It shall be unlawful for any person to sell or offer for sale, barter or exchange, or offer to barter or exchange to or with any minor under the age of twenty-one (21) years any pistol or other firearm capable of inflicting bodily harm except upon written parental consent. (Ord. No. 58-5, § 23.02, 2-18-58)
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Link Posted: 1/11/2002 12:52:58 PM EDT
[Last Edit: 1/11/2002 12:57:17 PM EDT by cc48510]
Sec. 21-18.1. Discharge of firearms over private property. (a) Any person who discharges firearms on or over any privately owned property without the prior written permission of the owner or occupant of the property carried in his possession, or who discharges a firearm outdoors within one-half (1/2) mile of a residence, shall be punished as provided in Section 1-5. (b) The written permission required shall contain the name and the signature of the owner or occupant of the property giving permission, a description of the property, the name and address of the person permitted to discharge firearms, and the date or dates for which permission to discharge firearms is given. (c) This section shall not apply to a person (1) lawfully defending life or property; or (2) performing official duties requiring the discharge of firearms; or (3) discharging firearms at a firearms range. (d) This section is applicable in both the incorporated and unincorporated areas of Miami-Dade County, but it shall not apply west of Levee 31-N, Central and Southern Florida Flood Control District, except on cultivated land or within one-half (1/2) mile of a residence, and all violations thereof shall be prosecuted in the court of appropriate jurisdiction. Where the offense set forth involves violations by juveniles, the same shall be tried in the Miami-Dade County Juvenile and Domestic Relations Court when so required by the laws of the State of Florida. (e) The provisions of this section shall be cumulative and additional to and not in derogation of any and all other provisions of law relating to this offense. (Ord. No. 70-14, §§ 1--5, 2-18-70; Ord. No. 94-147, § 1, 7-14-94)
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Link Posted: 1/11/2002 12:54:44 PM EDT
[Last Edit: 1/11/2002 12:58:42 PM EDT by cc48510]
Sec. 21-19.1. Sale of Saturday night specials in Miami-Dade County prohibited. It shall be unlawful for any person to sell or otherwise transfer any Saturday night special as defined in Section 21-20.1(b) or offer or expose for sale or transfer any such Saturday night special. (a) Notwithstanding the foregoing provisions of this section, the sale of Saturday night specials to law enforcement agencies or for authorized military use shall not be subject to the limitations herein set forth. (b) This section shall not apply to wholesale dealers in their business intercourse with retail dealers nor to retail dealers in their business intercourse with other retail dealers nor to wholesale or retail dealers in the regular or ordinary transportation of unloaded firearms, merchandise by mail, express or other mode of shipment, to points outside the County, nor to sales or transfer of firearms that do not use a self-containing cartridge. (Ord. No. 73-93, § 1, 11-12-73)
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Link Posted: 1/11/2002 12:56:00 PM EDT
[Last Edit: 1/11/2002 12:58:57 PM EDT by cc48510]
Sec. 21-20. Registration of sales and transfers required; penalty. (a) Register. Every person engaged in the business of selling, leasing, or otherwise transferring firearms as defined in Section 21-20.1(a), of the size capable of being concealed on the person, whether such seller, lessor or transferor is a retail dealer, a pawnbroker, or otherwise, shall keep a register in which shall be entered the date and time of sale, lease or transfer; the name of the salesman making the sale, lease or transfer; the place where sold, leased or transferred; the make, model, manufacturer's number, caliber or other marks of identification of such firearm; the purchaser's name, address, color, sex, age, weight, height, complexion, color of hair, birthplace, place of residence, length of residence, occupation, employer, the purpose for which the gun is desired, the date and time of delivery. (b) Purchaser and seller to sign. The person to whom such firearm is sold, leased or otherwise transferred shall sign and the dealer shall require him to sign his name and affix his address to the register in duplicate and the salesman shall affix his signature in duplicate as a witness to the signature of the person to whom such firearm is sold, leased or transferred. (c) Waiting period required for handgun. The person to whom such handgun is sold, leased or otherwise transferred shall wait, and the dealer shall require him to wait, a period of seventy-two (72) hours prior to such person acquiring possession of such handgun. (d) Fictitious name prohibited. Any person signing a fictitious name or address in such register is guilty of a violation of this section. (e) Exceptions. This section shall not apply to wholesale dealers in their business intercourse with retail dealers nor to retail dealers in their business intercourse with other retail dealers, nor to wholesale or retail dealers in the regular or ordinary transportation of unloaded firearms, merchandise by mail, express or other mode of shipment, to points outside the County, nor to sales or transfer of firearms that do not use a self-containing cartridge. (f) Penalty. Every person who is convicted for a violation of Section 21-20(c) shall be punished upon a first conviction by imprisonment for not less than six (6) months or by a fine of not less than one thousand dollars ($1,000.00) or by both such fine and imprisonment, in the discretion of the court and on a second and subsequent conviction shall be punished by imprisonment for not less than one (1) year or by a fine of not less than one thousand dollars ($1,000.00) or by both such fine and imprisonment, in the discretion of the court. (Ord. No. 58-5, § 22.07, 2-18-58; Ord. No. 67-72, § 1, 10-3-67; Ord. No. 68-71, § 1, 11-19-68; Ord. No. 73-95, § 1, 11-12-73)
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Link Posted: 1/11/2002 1:00:52 PM EDT
[Last Edit: 1/11/2002 1:01:19 PM EDT by cc48510]
Sec. 21-20.1. Definitions. (a) The word "firearm" as used in this division shall be construed to mean any firearm, weapon, revolver, pistol, autoloading pistol, modified rifle or shotgun, or any similar mechanism by whatever name known, which is designed to expel a projectile through a gun barrel by the action of any explosive, having the size, length or dimensions which make it capable of being concealed upon the person, and originally designed or altered to be used by one (1) hand and having a barrel length of less than sixteen (16) inches, and an overall length of less than twenty-six and one-half (261/2) inches, but the word firearm shall not be construed to mean guns that do not use self-contained cartridges. (b) The term "Saturday Night Special" shall mean any firearm which is 32 caliber or smaller, whose barrel is less than three (3) inches, except those whose frame is an investment cast or forged steel, or investment cast or forged high tensile alloy. (c) The word "sale" includes transfer, assignment, pledge, lease, loan, barter, or gift. Ord. No. 66-17, § 1, 4-26-66; Ord. No. 73-93, § 1, 11-12-73; Ord. No. 73-94, § 1, 11-12-73; Ord. No. 73-95, § 1, 11-12-73)
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Link Posted: 1/11/2002 1:06:20 PM EDT
Sec. 21-20.16. Handgun purchaser's instruction and qualification procedure. (a) Instruction and qualification procedure required. It shall be unlawful for any person to acquire a handgun in Miami-Dade County from a licensed dealer, unless such person has received safety instruction and otherwise qualified, pursuant to this section, or unless he is specifically exempted from the operation of this section. (b) In order to qualify under this section the purchaser must demonstrate his knowledge of federal, State and Miami-Dade County laws by passing a short written examination consisting of questions prescribed herein by the County Commission. The purchaser must also demonstrate his ability to safely handle the handgun to be purchased pursuant to guidelines prescribed herein by the County Commission. Persons who have successfully completed the above procedures in the course of purchasing a handgun shall not be required to repeat such procedures in any given year in order to purchase another handgun of the same type and caliber previously purchased. If the purchaser shall have difficulty with the written or spoken English language, which seriously impairs his ability to demonstrate his knowledge of such laws and his ability to safely handle said handgun, special provisions shall be made through an interpreter or otherwise, for the administration of the required written examination and qualification procedure to such person. In the event of failure, the applicant may retake the test seven (7) days from the date of examination, however no person shall be allowed to take this test more than three (3) times in a twelve-month period as a result of such failure. (c) The transferor shall administer unto the purchaser safety procedures as prescribed by the County Commission prior to the purchaser acquiring ownership or possession of the handgun, and shall execute the prescribed form that said procedure has been imparted to the purchaser. The above prescribed procedure shall be administered only by duly licensed dealers or salesmen under this chapter. The signature of the purchaser upon the prescribed form shall serve as a release of the transferor from all civil liability as a result of carrying out this section. (d) The County Commission shall appoint a four (4) member committee consisting of a member from each of the following: Miami-Dade Police Department, Trail Glade Range or park employee, County Attorney's Office, and a fourth member from the local Miami-Dade County gun dealers. The committee shall from time to time advise the County Commission of needed changes in the prescribed procedure and form. Such changes shall become effective upon the consideration and approval of the County Commission.
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Link Posted: 1/11/2002 1:07:35 PM EDT
(e) This section shall not apply to: (1) Law enforcement officers or agents of any state of the United States, or any political subdivision, municipal corporation, department or agency of either, members of the organized militia of any state or the armed forces of the United States, or law enforcement officers of any political subdivision, municipal corporation, department or agency of either, while engaged in the discharge of their official duties. (2) Wholesale dealers in their business intercourse with retail dealers or retail dealers in their business intercourse with other retail dealers or to wholesale or retail dealers in the regular or ordinary transportation of any unloaded firearms, merchandise by mail, express or other mode of shipment to points outside the country. (3) Nonresidents of the United States having proper authorization from his or her consulate, acting consulate, commercial attache, or such other authorized representative. (4) This section applies to persons in the firearms business or in the business of gunsmithing, and does not apply to: (a) Sales or trades by an unlicensed person or a person licensed hereunder, nor to (b) Isolated sales, transfers or trades between unlicensed persons who are not engaged in the firearms business or in the business of gunsmithing. (5) The provisions of this section shall not apply to gun shows, conferences or conventions which are staged under the auspices of a duly recognized nonprofit, State or national organization. (Ord. No. 73-95, § 1, 11-12-73)
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Link Posted: 1/11/2002 1:08:12 PM EDT
I may be missing something here, but aren't those county regulations "null and void" as stated in the state constitution? Then again, even if I am right, whoop-de-doo. Fargin gun-grabbin' liberals don't give a sh!t.
Link Posted: 1/11/2002 1:09:06 PM EDT
Sec.21-20.18-- (d) Sale and delivery of firearms; mandatory criminal records check. No person, whether licensed or unlicensed, shall sell, offer for sale, transfer or deliver any firearm to another person when any part of the transaction is conducted on property to which the public has the right of access within Miami-Dade County until all procedures specified under section 790.065, Florida Statutes, have been complied with by a person authorized by that section to conduct a criminal history check of background information as specified in that section, and the approval number set forth by that section has been obtained and documented. Upon the repeal of section 790.065, Florida Statutes, no person, whether licensed or unlicensed, shall sell, offer for sale, transfer or deliver any firearm to another person when any part of the transaction is conducted on property to which the public has the right of access until all procedures specified under any other state or federal law which requires a national criminal history information or national criminal history check on potential buyer or transferee of firearms have been complied with by any person authorized by law to conduct the required national criminal history or background records check and any required approval under such state or federal law or rule has been obtained. "Person" for purposes of this subsection shall include any person, including, but not limited to a licensed importer, licensed manufacturer or licensed dealer and any unlicensed person. In the case of a seller who is not a licensed importer, licensed manufacturer or licensed dealer, compliance with section 790.065 or its state or federal successor shall be achieved by the seller requesting that a licensed importer, licensed manufacturer or licensed dealer complete all the requirements of section 790.065 or its state or federal successor. Licensed importers, manufacturers and dealers may charge a reasonable fee of an unlicensed seller to cover costs associated with completing the requirements of section 790.065.
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Link Posted: 1/11/2002 1:12:01 PM EDT
Wobblin Gobblin you are absolutely right. The problem is that all too many people in South Florida consider these laws to be enforcable. For example, the ban on Private Sales. Almost nobody at a Gun SHow will do a private sale because they don't realize the law is illegal.
Sec. 21-20.19. Locking devices required for firearms. (a) Definitions. For purposes of this section, the following terms shall be defined as follows: (1) Locking device means a device that when installed on a firearm and secured by means of a key or a mechanically or electronically operated combination lock prevents the firearm from being discharged without first deactivating or removing the device. (b) If a person stores or leaves a firearm at any location where the person knows or reasonably should know that a minor might gain access to the firearm, the person shall secure the firearm with a locking device or in a securely locked box or container except when it is carried on his or her body or is located within such close proximity that the person can retrieve the firearm and prevent access to it by a minor. (c) A violation of this section is a breach of a duty of safety owed by the person who owns or possesses the firearm to all minors who might gain access to it and to the general public. (d) Any person which is convicted of violating this sub-section shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County jail for not more than sixty (60) days or by both such fine and imprisonment. (e) Applicability. This section shall apply to the incorporated and unincorporated areas of Miami-Dade County. (Ord. No. 00-123, § 1, 10-3-00)
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Link Posted: 1/11/2002 1:16:36 PM EDT
I see the biggest laws here as the NICS requirement on Private Sales, the "Saturday Night Special" Ban, and the 21 Age Requirement. We need to accept that these laws are illegal. We should continue selling privately, buying and selling "Saturday Night Specials", and selling to anybody over 18. If they arrest us, then they will have to defend their own law in court and it will probably be overturned. Now is the time to make ourselves heard.
Link Posted: 1/11/2002 2:06:43 PM EDT
yes, they are illegal. now what? Do we get the state organizations to work together to crush these laws, ignore the laws, get thrown in jail individually, solicit money to fight them in court as a group, GET ENOUGH VOTERS TO THROW THEM OUT OF OFFICE? Hell, we don't even have a plan to keep FL from becoming Kali, or the northeast gulag states. Gun control is not possible without the consent of the voters.
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