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Discussion in 'Legal & Political Archive' started by Sun195, Sep 11, 2011.
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Seattle Times: Florida forces cities to pull laws restricting guns
This is one of the few things that would keep the cities of Portland and Seattle from passing laws that violate state law.
WA does have state preemption. Seattle tried and lost when they passed their stupid law attempting to ban guns in some city owned property. Nichols position was that they were like any other private landlord. That state Attorney General's office told them it wasn't legal and wouldn't hold up in court. Someone was brave enough to be the test case and open carried to a park then sued after he was turned away. And won. The state struck down the Seattle code as violating the state preemption law.
HA HA!! I beat you to it AGES AGO!! :bluelaugh: :thumbup:
Here's the link to my post with some more info: http://www.northwestfirearms.com/le...da-has-been-hitting-them-outta-park-year.html
What FL did differently will save a lot of the citizens tax funds on stupid court battles. If the city trys another "parks ban" or something simular, they will be fined $100,000.00 for trying to enforce these non-"laws" and the city council and Mayor will be personally fined (not tax funds) $5,000. Believe me, when it is their personal money, they will think two times , and another, before they try a stunt like the "parks ban" again.
Think of the tread in Opencarry.org Taken down at gun point at Greenlake today.. about the guy that just got hasseled in Greenlake Park for carrying. Not only would the City of Seattle have to pay whatever civil rights judgement he wins, but they would also have to pay a $100,000.00 fine to the state for trying to enforce a city "ordinance" that has already been struck down by the courts.
The Constitution should strike down ANY and ALL state codes or laws.
If there are ANY codes or laws they are violating the 2nd Amendment.
The Citizens of the United Sates has a Constitution that states:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
When codes or laws are passed with regards to owning, caring, or operating firearms the 2nd Amendment becomes infringed.
They have taking our 2nd Amendment rights away.
"But this year, the state Legislature passed a law that..."
Why do the people need to have some government body to pass a law when they already have the right?
The person that tested law then filed suit lost his case in US district court. The Chan case was the successful one. Winnie Chan did not have to test anything as she was in fear of prosecution, which gave standing to challenge.
Doh! I looked for this before posting, just not hard enough, I guess. Sorry for the dupe-topic.
To other comments: I am familiar with Washington's State preemption of firearms laws & the recent lawsuits challenging Seattle's parks ban. I just though it was interesting the "teeth" Florida chose to put into its law, theoretically alleviating the need of citizens to challenge all of these laws one-by-one in court. My own town is having a hissy-fit about some coyotes that were recently "eliminated" by WDFW for eating some pet sheep. Some of the suggestions to save the poor, misunderstood coyotes seemed to tread into areas that may violate preemption (and, or fish-game laws), so I'm keeping an eye on this.