Firearms Preemption Enforcement – A Tale of Three Cities
Florida – -(Ammoland.com)- Now that we have put teeth in to the state firearms preemption law, usually when we contact cities and counties about their preempted firearms ordinances we have great success in having their unlawful gun control laws removed from the books.
Mostly we get cooperative and constructive replies like this one received yesterday from The Town of Lady Lake:
Dear Mr. Nascak,
Thank you for bring this to my attention. We have recently removed a section in Chapter 10 regarding firearms (Ordinance 2011-22) so that we are in compliance with the FSS, however this section was missed. I apologize and be assured we will rectify this as soon as possible.
Thank you, and happy holidays.
and this reply yesterday from the City of Dunellon:
After this law passed, the city did a cursory review of its codes and did not see these provisions. The city will amend its codes to comply with State Statutes as soon as possible. It appears that January will be the earliest that the city can begin the process of amending its ordinances.
Thank you for bringing this to our attention.
Then we have a very few cities who decide to put themselves on Florida Carry’s “Naughty List”. Yesterday The City of Leesburg decided to stick by its anti-gun laws.
Let’s not get over-zealous with the rhetoric. The City of Leesburg is well aware of FS 790.33. You will note the statute says specifically that local governments are prohibited from “enacting, enforcing, or promulgating ordinances which regulate firearms and ammunition…”. None of these things has occurred since October 1, 2011. There is no requirement that we repeal said laws, as you seem to indicate is necessary. Any action taken in the future regarding the existence of these laws in our Code of Ordinances will be done at the discretion, pleasure, and timing of the Leesburg City Commission.
Jay M. Evans
City of Leesburg, Florida
Actually we are on extremely solid legal ground and will file a lawsuit showing that The City of Leesburg and City Manager Evans are both actively breaking state law.
This is not rhetoric, this is the law and we will demand that it is upheld.
Help us send a lump of coal this Christmas to the City of Leesburg and to City Manager Evans.
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Florida Carry is a non-profit, non-partisan, grassroots organization dedicated to advancing the fundamental civil right of all Floridians to keep and bear arms for self defense as guaranteed by the Second Amendment to the United States Constitution and Article I Section 8 of the Florida Constitution. Florida Carry, Inc. was organized by a group of Florida gun rights activists in order to better coordinate activities, effectively lobby the state legislature, and to provide a legal entity capable of filing suit to demand compliance with state and federal law. Florida Carry stands only to represent our members and the over 6 million gun owners of Florida. We are not beholden to any national organization’s agenda that may compromise that mission.
Florida Carry works tirelessly toward repealing and striking down ill-conceived gun control laws that have been proven to provide safe havens to criminals and be deadly to law abiding citizens.Florida Carry
FTFY. "If you can't be a good example, you'll just have to serve as a warning…"
Mr. Evans needs an education. If law enforcement in his city arrests someone pursuant to the ordinances, there will be hell to pay, because FS 790.33 clearly states that "Any such existing ordinances, rules, or regulations are hereby declared null and void."
You need to write him back and advise him that while it's true that there is no mandate to repeal the ordinances, they don't legally exist and he and his minions can be arrested for false arrest and imprisonment if they attempt to enforce them..