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The
Below Comments Relate to this Newslink:
FL: Leon Circuit Judge Sides With Local Governments on Gun Law
Submitted by:
David Williamson
Website: http://libertyparkpress.com
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A Leon County circuit judge late Friday struck down a state law that threatened tough penalties if city and county officials approve gun regulations. Florida since 1987 has barred cities and counties from passing regulations that are stricter than state firearms laws. But in 2011, lawmakers went further by approving a series of penalties that local governments and officials could face if they violated the prohibition.
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| Comment by:
PHORTO
(7/29/2019)
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| Judge Leon is mistaken. Under federalism, subdivisions of the state serve at the state's pleasure. Florida's preemption law is a valid constitutional exercise of its police powers, and a statute without an enforcement mechanism is useless. |
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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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