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We need this law here...

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
'splain sumthin' to me

the Penalties for Violating Firearms Preemption Law, which forces the repeal of all regulations and policies that violate the firearms preemption law of 1987

Why does Florida need a law to enforce an existing law?

Now I am somewhat pleased to note that the new law also makes local officials personally liable for violations of the 1987 preemption law, thus taking the burden of illigal and officious mischief off the backs of the taxpayers. I would support something like that here in Virginia, as opposed to trying to prove mis- and malfeasance to try to overcome claims of soverign immunity.

And since you brought it up, I am nominating you to carry forward and find a sponsor for a bill to do just that. Call on me if you think I can help, but you get the honor of taking the point on this.

stay safe.
 

thebigsd

Founder's Club Member
Joined
Mar 23, 2010
Messages
3,535
Location
Quarryville, PA
I'd be willing to write to my state reps in order to something like this passed. It would really piss off the Fairfax County Board of Supervisors...
 

TFred

Regular Member
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Oct 13, 2008
Messages
7,750
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Most historic town in, Virginia, USA
Why does Florida need a law to enforce an existing law?
The answer is right in the article:

While Florida has had a law on its books since 1987 that makes it illegal to pass gun regulations beyond state statutes, there was no enforcement mechanism in place. As a result, towns and cities have created ordinances at will. In the process, many of them have criminalized otherwise completely law-abiding citizens who unintentionally ran afoul of arbitrary, localized gun rules.

TFred
 

roscoe13

Campaign Veteran
Joined
Apr 18, 2007
Messages
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Location
Catlett, Virginia, USA
And since you brought it up, I am nominating you to carry forward and find a sponsor for a bill to do just that. Call on me if you think I can help, but you get the honor of taking the point on this.

stay safe.

I just wrote Delegate Lingamfelter and asked him to do just that. I also asked him to work on getting intent to commit a crime added to 18.2-308.1....

Roscoe
 

skidmark

Campaign Veteran
Joined
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Messages
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Location
Valhalla
I just wrote Delegate Lingamfelter and asked him to do just that. I also asked him to work on getting intent to commit a crime added to 18.2-308.1....

Roscoe

clapping.gif


stay safe.
 

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
You mean something like this?

Virginia Constitution, Article 1, Section 13: "Militia; standing armies; military subordinate to civil power."

That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.

I particularly like that phrase, "shall not be infringed." Is there really any question what that phrase means? Still, as an attorney, and one whose practice involves a lot of firearms litigation, I might have financial problems if that provision of the Constitution were given effect. All those gun-regulation statutes would just go away.
 

skidmark

Campaign Veteran
Joined
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Messages
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Valhalla
Virginia Constitution, Article 1, Section 13: "Militia; standing armies; military subordinate to civil power."



I particularly like that phrase, "shall not be infringed." Is there really any question what that phrase means? Still, as an attorney, and one whose practice involves a lot of firearms litigation, I might have financial problems if that provision of the Constitution were given effect. All those gun-regulation statutes would just go away.

No.

Because apparently even the founders did not really mean "shall not be infringed" as an absolute. This I know because SCOTUS tells me so. (and no points off to anyone who sang that last part:))

Or if The Fonders really did mean it as an absolute, the fact that many infringements have continued for so long means that the infringements get a pass based on their longivity. This I also know because SCOTUS tells me so.

stay safe.
 

TFred

Regular Member
Joined
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Messages
7,750
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Most historic town in, Virginia, USA
No.

Because apparently even the founders did not really mean "shall not be infringed" as an absolute. This I know because SCOTUS tells me so. (and no points off to anyone who sang that last part:))

Or if The Fonders really did mean it as an absolute, the fact that many infringements have continued for so long means that the infringements get a pass based on their longivity. This I also know because SCOTUS tells me so.

stay safe.
I shudder to think what we might have left today if the Constitution said "can only be infringed a little bit..."

:uhoh:

TFred
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Skid is actually talking about....Prescriptive Infringements

Prescriptive infringements = imperial prerogatives, because the lord and master says so.
........................................................................................................................
 

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
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Northern Piedmont
I shudder to think what we might have left today if the Constitution said "can only be infringed a little bit..."

:uhoh:

TFred

Well, start shuddering ... I'm thinking that Justice Scalia's language in the Heller case was the final nail in the Bill of Rights' coffin, as well as federalism, generally: "subject to reasonable regulation". If the Second Amendment, which if I recall correctly, is the only one that specifically says something to the effect that it is to be construed as an absolute prohibition against regulation, can be subject to "reasonable regulation", then you don't have any rights at all.
 

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
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Location
Northern Piedmont
Prescriptive infringements = imperial prerogatives, because the lord and master says so...

Actually, if I recall correctly, that phrase referred to a series of sort of treaties between the Northern German quasi-independent princes and the Holy Roman Empire in the form of Frederick II, by which the Empire's prerogatives were reduced in exchange for the princes' continued participation. But that was a long time ago, late Fifteenth Century, I think, and I could be wrong; my memory isn't that good.
 
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