Friday, May 24, 2013

Well, Can They?

I've been asking this question myself and would appreciate opinions from those knowledgeable with Florida preemption law.  [More]

I also have one other question: Why is a column using judgmental terms like "arms-bazaar excesses" appearing under the "News" category instead of "Opinion"?
Posted by David Codrea at 5/24/2013 01:15:00 PM

3 comments:

Divemedic said...

Yes they can. This was a ballot initiative that was passed some years ago that exempts localities from preemption with regards to waiting periods at gun shows.

In November 1998, Florida voters overwhelmingly approved an amendment to the state Constitution that allowed counties to mandate background checks for private gun sales at gun shows, after Tampa resident Hank Earl Carr, a volatile felon who acquired a stockpile of firearms despite his criminal record, fatally shot three law enforcement officers and a 4-year-old boy. The constitutional amendment passed with 72 percent of the vote.

5/24/2013 6:29 PM
Mark Matis said...

The answer to your SECOND question is very simple. The article is found in the Sun Sentinel. They, like effectively EVERY OTHER "news" outlet in the state skew far left. But then that is also the case throughout the REST of this country as well.

5/24/2013 9:53 PM
M.J. Mensale said...

Florida’s state preemption statute, 790.33(1), invalidates all county and city ordinances as well as all county and city administrative regulations, concerning the field of firearms. My guess is that Ft. Lauderdale’s contract with Suncoast Gun Shows probably falls under an administrative regulation.

Also, Article 8, Section 5(b) (Local Option rule) of Florida’s Constitution authorizes the counties, but not the cities within those counties, to require a background check as well as a 3, 4 or 5 day waiting period on all firearms sales occurring within the county when the sale takes place on property which the public has the right to access. Only a handful of Florida counties invoke the Local Option and Broward County is one of them.

Technically and legally, Ft. Lauderdale has no authority to enforce the background check requirement on private sellers at War Memorial. However, the Broward Sheriff’s Office does have that authority but I don’t ever recall seeing BSO at those shows, only FLPD. Being a bastion of progressive liberalism, I wouldn’t put it past Ft. Lauderdale to try and grab some national attention over this.

5/25/2013 12:22 AM

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