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The
Below Comments Relate to this Newslink:
FL: South Florida Cities Take Aim At State Law Limiting Local Gun Control Policies
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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Describing the law as an “unnecessary and unconstitutional overreach,” cities and counties argue that an appeals court should reject a 2011 state law that threatens tough penalties if local elected officials approve gun regulations.
Attorneys for dozens of cities, counties and local officials filed a brief Monday urging the 1st District Court of Appeal to uphold a lower-court decision that found the law unconstitutional. Challenges to the law were filed after the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, as local governments looked for ways to curb gun violence. |
Comment by:
PHORTO
(12/26/2019)
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“However, appellees (local governments and officials) have not voted on or enacted such restrictions — even when they believe that such actions would not be preempted — because they fear that such actions could possibly be interpreted after the fact as violating the preemption law, thereby subjecting them to the severe punishments of the penalty provisions.”
IOW, the law is working exactly as designed; it is successfully deterring left-leaning subdivisions from infringing a fundamental right protected by two constitutions and state law.
The appellants haven't a let to stand on. |
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QUOTES
TO REMEMBER |
For, in principle, there is no difference between a law prohibiting the wearing of concealed arms, and a law forbidding the wearing such as are exposed; and if the former be unconstitutional, the latter must be so likewise. But it should not be forgotten, that it is not only a part of the right that is secured by the constitution; it is the right entire and complete, as it existed at the adoption of the constitution; and if any portion of that right be impaired, immaterial how small the part may be, and immaterial the order of time at which it be done, it is equally forbidden by the constitution. [Bliss vs. Commonwealth, 12 Ky. (2 Litt.) 90, at 92, and 93, 13 Am. Dec. 251 (1822) |
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