Coral Springs Fl, 07/26/2019 : The 2nd Circuit Court located in Leon County made a summary judgement that strikes down a law as unconstitutional that prevents cities from passing ordinances restricting the sale of guns. It is important to keep in mind that less than 1/2 mile away from Marjory Stoneman Douglas are gun stores, one of which sold the weapon used by the murder that killed 21 kids and adults on Valentines day 2018. ( Read Article )
The law is Section 790.33 of the Florida State Statutes that states the following :
Section 790.33 Field of regulation of firearms and ammunition preempted
(1) PREEMPTION.—Except as expressly provided by the State Constitution or 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, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto
If you read this law, enacted at that time ( 1987) by a pro- NRA legislature provides for draconian penalties to city commissioners such as imprisonment , removal , fines who attempt to pass any ordinance that restricts this law. Commission Dan Daley sued the state on behalf of the City of Coral Springs along with the City of Weston.
The law prevented cities from providing zoning regulations that would restrict where a gun store can be located or bullets can be sold. The statute even allows for anyone that wants to manufacture and selling bullets out of the home. Imagine that your next door neighbor could be selling guns or manufacturing and selling bullets.
This is not about responsible gun ownership or the 2nd amendment. This is about common sense. In a city that restricts where adult book stores can be placed near a school, needs to be able to restrict the sale of guns and bullets near schools. That does not mean a crazy person cannot get a gun or bullets from somewhere else, but it does mean it doesn not have to be in a store that children walk past on the way to school.
The ruling no doubt will be challenged in the State Supreme Court. by our Governor, who was supported by the NRA. As well, our city commissioners need to pass ordinances that provide restrictions. Let’s hope they do this and not all of a sudden ( as they have done in the past) fold like a lawn chair with pressure ( or election money) from the NRA.