Florida Supreme Court Boots Gun Ban Ballot Initiative

The Florida Supreme Court has ruled the ballot summary on a gun ban initiative is misleading. (Dave Workman)

U.S.A.-(AmmoLand.com)- In a 4-1 ruling, the Florida Supreme Court handed a stinging defeat to the gun prohibition lobby by declaring a proposed state constitutional amendment that would have banned possession of so-called “assault weapons” did not meet requirements to be placed on the ballot.

It was a victory for the National Rifle Association, Unified Sportsmen of Florida, National Shooting Sports Foundation and other rights groups.

The ballot summary for the “Ban Assault Weapons NOW” initiative, according to the state high court, “is misleading and does not comply with…Florida Statutes. Accordingly, this Initiative cannot be placed on the ballot.”

According to the Orlando Weekly, the measure was also opposed by Florida Attorney General Ashley Moody. The measure was supported by gun prohibition lobbying groups including the Brady Campaign, plus several cities in South Florida, the newspaper said.

The court majority included Chief Justice Charles Canady and justices Ricky Polston, Alan Lawson and Carlos Muniz. A dissenting opinion was written by Associate Justice Jorge Labarga.

Marion Hammer, a past NRA president and currently executive director of the Unified Sportsmen’s group, said in a prepared statement, “The Florida Supreme Court agreed with our contention that the ballot summary was deceptive and would mislead voters.”

She called it a “great victory for Florida’s law-abiding gun owners.”

“The ballot initiative contained deceptive language to fool Florida voters in an attempt to ban millions of legal, commonly used firearms and shut down legitimate businesses all around Florida,” Hammer said. “Supporters of the gun ban initiative used deceptive language to try to trick voters into supporting their gun ban claiming it would do one thing while knowing it would do much more.”

The majority opinion was not kind to the ballot summary.

“While the ballot summary purports to exempt registered assault weapons lawfully possessed prior to the Initiative’s effective date,” the majority opinion explains, “the Initiative does not categorically exempt the assault weapon, only the current owner’s possession of that assault weapon. The ballot summary is therefore affirmatively misleading.”

One page later, the court notes in its nine-page decision, “The ballot summary informs voters that registered assault weapons lawfully possessed prior to the Initiative’s effective date are exempt from the scope of the Initiative altogether, which misleads voters to believe that any lawfully possessed assault weapons will continue to remain lawful. However, the Initiative contemplates the eventual criminalization of the possession of assault weapons, even if the assault weapon itself was lawfully possessed and registered prior to the Initiative’s effective date. As the Opponents argue, if an individual registers and attests to lawful possession of an assault weapon, and then lends, gifts, or leaves in a will that assault weapon to a family member or friend, then that family member or friend would be in criminal violation of the Initiative—a felony offense.”

Hammer told AmmoLand News that if the measure had gotten to the ballot and actually passed, it would have essentially banned every semi-auto rifle in the country, including popular rimfire models such as the Ruger 10/22.

According to Larry Keane, senior vice president and general counsel at NSSF, backers of the initiative now have a certain time period during which they can ask the Florida court to reconsider. Neither he, nor Hammer, expect the court to grant a motion for reconsideration, but in the event that might happen, Thursday’s ruling would be on hold pending the court’s reconsideration.

“On behalf of our industry members in Florida we are thankful the Florida Supreme Court rejected the Mayor Bloomberg-funded deceptive and misleading effort ballot initiative to ban state-wide the lawful sale of virtually all semi-automatic firearms in the state to law abiding Floridians after of background check,” Keane told AmmoLand in an email statement.

Florida is not the first place gun control proponents have pushed initiatives affecting the ownership of semi-autos. Washington State anti-gunners successfully ran Initiative 1639 in 2018, inventing a class of firearms now identified as “semiautomatic assault rifles.” The text of that measure defines such weapons as “any rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge.”

This effectively applies to every self-loading rifle, centerfire or rimfire, that has ever been manufactured. Even Spokane County Sheriff Ozzie Knezovich, during the campaign and after the measure passed, said there is no such firearm as a “semiautomatic assault rifle.” The term, he said, applies to a gun that does not exist.

Provisions of I-1639 are currently being challenged in U.S. District Court in Tacoma, Wash., by NRA and the Second Amendment Foundation.

Not surprisingly, after I-1639 passed, many Washington residents were suddenly surprised they couldn’t just walk into a gun store and purchase a modern sporting rifle, or any semi-auto rifle.

There is now a ten-day waiting period, the purchaser must provide proof that he/she has taken a firearms safety course during the previous five years, the guns are registered and sales of semi-auto rifles of any kind to anyone under age 21 are prohibited.



About Dave WorkmanDave Workman

Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms and formerly an NRA-certified firearms instructor.

Subscribe
Notify of
16 Comments
Inline Feedbacks
View all comments
Gary
Gary
4 months ago

Very few are killed by the so called “assault rifles”. I’ve been telling everyone that there is no such thing, but the left insists that I am wrong! More and more people are purchasing guns now, especially with all the rioting and looting going on!

Wild Bill
Wild Bill
4 months ago
Reply to  Gary

, You mean that modern sporting rifle? That little old thing?

badlands
badlands
4 months ago

Sad that even the majority opinion repeatedly uses the term “assault rifle(s)”. Why are the insane anti gunners continually allowed to set the terms of the narrative, and even the good guys buy into it?

Wild Bill
Wild Bill
4 months ago
Reply to  badlands

@bad, the leftists know that language control is thought control. They are good at coining phrases that imply entire concepts (e.g. gun violence, allowed, etc). The coin phrases while we wonder what to call it.

gregs
gregs
4 months ago

this is a good thing. words have meanings and mean what they say. leftists attempt to confuse the average uninformed citizen on issues like this. two of our former florida supreme court justices, pariente and quince wrote an op-ed which was printed in our local paper, South Dade Newsleader, and are pushing a mail in ballot initiative, which has been abused significantly in the past by leftists across America. they claim they want a free, fair and safe process. how about only one vote per person and no illegals voting, by showing identification before doing so, and only mail in… Read more »

Vern
Vern
4 months ago

There is no such thing as an assault weapon among firearms. They are single shot, slide action, single action, bolt action, semi-automatic, or fully automatic.
Assault weapons can be anything a person picks up from a rock to anything a person chooses to assail another person. that covers a lot of territory.
The left just chooses firearms because they want the citizenry disarmed and at their mercy, something the left doesn’t have. What we have seen is only a drop in the bucket to what they want to do to the American people.

USMC0351Grunt
4 months ago
Reply to  Vern

You are 100% correct, Vern. That is precisely what the Marine Corps taught us!

Vern
Vern
4 months ago
Reply to  USMC0351Grunt

Semper Fi, looks like everything else they taught us will be coming back into use shortly. Sad thing, that’s what the left is all about, false promises and short or no real future. It is all about the thugs at the top of the political spectrum, no one else. These protesters will find out the hard way just how expendable they really are.

USMC0351Grunt
4 months ago
Reply to  Vern

I’m glad you brought up the word “protesting” because in my young days I was taught that rioting is the act(s) where you cause damage and harm to other people, their property and violate their rights and protesting is the form of public outcry to draw attention to grievances caused, usually by a government entity, but peacefully? This society today does not understand that the unruly Anarchy that is being bought and paid for and transported to certain areas is domestic terrorism they also don’t understand that the United States Marine Corps trained us to qualify “Expert Rifle” by shooting… Read more »

Wild Bill
Wild Bill
4 months ago
Reply to  USMC0351Grunt

@Grunt, You were taught well. Young people are not taught anything at all.
I think that you will enjoy this video of a town defending itself from antifa: https://www.thegatewaypundit.com/2020/06/antifa-terrorists-mess-wrong-california-town-get-ever-loving-snot-beat-video/

Vern
Vern
4 months ago
Reply to  USMC0351Grunt

Yes, there is a difference between protesting and rioting. Protesting against a wrong in society is one thing, rioting for freebies and destroying property after taking (stealing) those freebies is another. As you said, anarchy is being bought and paid for by the elites to bring about power into their hands by the use of useful idiots. I had an M 14 for qual day, I shot 248 out of a possible 250. I didn’t see an M 16 until training for deployment to Nam in 1967. I like the AR’s of today much better than those of that time… Read more »

Knute
Knute
4 months ago
Reply to  USMC0351Grunt

Here is another town story to warm your heart:
https://itsmac.com/2020/06/02/coeur-dalene-idaho-stands-up-antifa-stands-down/
As usual, when good stands up to evil, evil backs down!

Wild Bill
Wild Bill
4 months ago
Reply to  Knute

, My heart is warmed!

JIAZ
JIAZ
4 months ago
Reply to  Knute


This article is our Second Amendment deployed.
Well done Idahoans.

RoyD
RoyD
4 months ago
Reply to  Vern

Vern: “What we have seen is only a drop in the bucket to what they want to do to the American people.”

One need only to look at what has become of Rhodesia and South Africa to see what they have in store for this country.