Court Rules Public Officials Can’t Be Punished for Violating the Law

Official Communication by Marion P. Hammer
Unified Sportsmen of Florida Executive Director
NRA Past President

Judges Court Gavel Law Legal
Court Rules Public Officials Can't Be Punished for Violating the Law

Florida – -(AmmoLand.com)- A Leon County, Florida Circuit Court judge has just given rogue, anti-gun public officials a “get-out-of-jail-free card.”

This court has effectively given tacit approval for local government officials to knowingly and willfully violate the state preemption law by striking down the penalty provisions. The message is: go ahead and violate the law, the state can't punish you.

Specifically, in a lawsuit brought by several anti-gun South Florida cities and counties, the court struck down the $5,000 fine and the risk of removal from office for individual public officials, local governments, and government agencies who willfully and knowing violate the state preemption law by adopting local gun control ordinances.

In their opposition brief, the NRA argued “It is a bedrock principle of American constitutional law that local governments have no legal authority to defy the will of their creator: the state.”

This ruling is like a parent telling an underage teenager, you are forbidden to smoke, drink alcohol, do drugs or have unprotected sex — but don't worry, if you disobey me and do it anyhow, I won't punish you.

The ruling flies in the face of one of the basic fundamentals of the judicial system. Punishment is the deterrent component of the justice system. Without punishment, not only will offenders will be encouraged to re-offend but others who had feared punishment will be encouraged to join the lawbreaking activities.

There is little doubt that Attorney General Ashley Moody will appeal the ruling on behalf of the state. There is no enforcement capability of laws that have no punishment.

BACKGROUND:

Florida Statutes section 790.33 is the firearms preemption statute, which prevents local governments from violating Second Amendment rights by passing gun control ordinances. Under the law, only the Legislature can regulate the field of firearms and ammunition, a constitutionally protected area.

The preemption law was passed in 1987 but contained no penalties. No one anticipated or even imagined the disrespect for the law that some local public officials began to demonstrate. No one foresaw that local public officials ( who had sworn to uphold the law) would knowingly and willfully violate state law because there were no penalties.

In 2011, fed up with these willful violations of law, the legislature amended the statute to create civil penalties for knowingly and willfully violating the preemption law by enacting prohibited firearms or ammunition ordinances/regulation. The penalties were imposed on the offending governmental entity and on individual public officials.

These penalties are not for accidental, unintentional or inadvertent violation of the law. They are for KNOWINGLY AND WILLFULLY violating the law.

That any court would condone, and give tacit approval to intentional violations of the law by public officials is not only alarming, it is injurious to the fabric of the deterrent effect of the structure and intent of laws. It is particularly perilous when it come to those laws promulgated to shield and protect the public from the actions of imprudent public officials.


Unified Sportsmen of FloridaAbout Unified Sportsmen of Florida;

Unified Sportsmen of Florida was organized in 1976 for the purpose of protecting the firearms rights of all law-abiding firearms owners in Florida.

Contact:

Unified Sportsmen of Florida
110-A South Monroe Street
P.O.Box 1387
Tallahassee, Florida 32302
850-222-9518

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    ExGobJeffersonianMackoJohn HJohn Dow Recent comment authors
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    Jeffersonian
    Member

    Why does NRA have a law enforcement training division?
    Why are my dues going to train and support the very same costumed thugs who will come to my door, steal my property, and murder me if I resist?
    You wanna put that in small words for me, Marion?
    https://www.youtube.com/watch?v=XdlUCsw-Hng

    Macko
    Member
    Macko

    Well I guess if they would be breaking a law it would make anyone that complies complicit. I certainly would not be willing to get myself caught up in law breaking

    John H
    Member
    John H

    This ignorant judge is what is wrong with America today!! No one is above the law and by God this judge needs to be locked up till his trial, and then spend the rest of his useless life in a prison cell !!

    ExGob
    Member
    ExGob

    Better hurry! It appears that prisons are on their way out, and jails will just be used for holding those arrested until an anti-gun judge turns them loose.

    John Dow
    Member
    John Dow

    Here’s the judge:

    Leon County Circuit Judge Charles Dodson

    Circle8
    Member
    Circle8

    This judge is a blooming idiot. Why isn’t this judge identified in the article? Is the NRA protecting him/her? This judge sounds as reliable as Lapeirre. Both are flakes. Maybe the NRA will buy the judge a new wardrobe to make it happy. Even the 9th CIRCUS court would not support this decision and reverse it.

    Deplorable Bill
    Member
    Deplorable Bill

    I also was told that those in office are not accountable to the law. This is tyranny. History does have the habit of repeating itself. Didn’t the Brits do the same thing when we were but colonies? We are so close to what happened at Concord I can almost smell the powder. If those in office are not accountable to the law they can literally fix the vote to keep them in power, opps, I meant office. If you value the lives of your spouse, friends, neighbors, co workers or yourself, get prepared. Arm up, carry on.

    Takidez
    Member
    Takidez

    It’s only fair that since there is no penalty for violation by government officials I shouldn’t be penalized for running red lights, open carry (which is illegal in Florida), or other willful violations of state law. Of course I’m being sarcastic. As a lowly citizen I am not above the law.

    tomcat
    Member
    tomcat

    You can’t expect queen Marion to do anything other than suck a big pay check out of the NRA. You don’t even know, for sure, that what she is saying is correct. we have heard her embellish things before. I would have to hear this from a different source before I got all in a tizzy about it.

    Nemo
    Member
    Nemo

    This is America, and if they cannot be punished by the legal system, they can still be tarred and feathered and run out of town on a rail.

    Tionico
    Member
    Tionico

    Add this clown jusdge to the growing list of those who need disbarred and debenched, and charged with felony perjury fo violating that oath to uphold the laws…. the oath they swore when they took office.

    Vince
    Member
    Vince

    Sounds like this judge has some of his own dirty deeds to protect! He has to go as well as the politicians.

    Will Flatt
    Member

    Marion Hammer, as crooked as Whiny LaPee-yew and twice as hypocritical, tsk-tsk’ing lawless politicians and judges when she gives overhead cover to the corruption of WLP & Co.

    joefoam
    Member
    joefoam

    This must be some of that fake news. How can you allow anyone to be above the law. I thought the idea was equal justice under the law.

    Green Mtn. Boy
    Member
    Green Mtn. Boy

    Marion
    Look who’s talking.

    JPM
    Member
    JPM

    Law makers are immune from any accountability for passing bad laws. Federal agencies and agent are never held accountable for any illegal acts against citizens (Fast & Furious, Waco, Ruby Ridge, etc.). I’ve watch local BLM officials in New Mexico commit felonies and abuse their authority, profiting from it while at the same time using their position to destroy the lives and livelihood of individuals they have personal vendettas against. Arbitrary and capricious application of Federal law by Federal agencies an Federal agents has been SOP and a way of life in this country for decades and none of the… Read more »

    Jaque
    Member
    Jaque

    Having Lived behind the lines in South Florida I can attest that every city from West Palm to Key West would enact firearm laws of the kind that NYC has if they could. Its a bastion of communists aided by Senators and Congressmen of all 3 parties. Its a communist stronghold. I can also say the region has a very large firearm community. But Floridas population is changing. Changing to a gun unfriendly population. The governors race brought out the gun grabbing communists from every crevice. Theres a movement to ban the AR15. Gun owners should not sit back and… Read more »

    Son of Liberty
    Member
    Son of Liberty

    No law trumps my right or willingness to protect self, family, or my fellow Americans
    Tick-tock…

    Renov8
    Member
    Renov8

    Hear, hear…

    Wallace C
    Member
    Wallace C

    The dawning of a new, long-forgotten, era is coming. As the Patriots once stood shoulder to shoulder in Lexington, so to shall their descendants once again stand in the face of tyranny and oppression. Ask yourself this: “Am I ready to bear arms and preserve liberty?”

    ahhiyawa
    Member
    ahhiyawa

    Well, that’s interesting, but:

    WHAT ARE YOU AND THE NRA GOING TO DO ABOUT IT!!!!!

    You make a nice big fat paycheck, with loads of privileges and amenities for mainly sitting on your ass and absent from board meetings. How about doing some legal and advocacy work for the 2A. How about appealing this ruling through the courts, fighting to overturn it.