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The
Below Comments Relate to this Newslink:
FL: Florida gun law in crosshairs
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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“These immunities underscore our republican form of government in which citizens choose their elected officials, who are then duty-bound to represent their constituents’ interests through legislative and regulatory initiatives,” the 54-page brief said. “Without immunity from liability, officials and localities are understandably likely to refrain from acting on matters they reasonably believe are both permissible and in the interest of their constituents, for fear of professional and financial ruin if it is later determined their belief was mistaken.” |
| 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 leg to stand on. |
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| QUOTES
TO REMEMBER |
| "Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004) |
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