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Gun Laws Changing

August 17th, 2011 by flanews

Every city and county government in Florida is being encouraged to review its laws concerning firearms. That’s because a new state law makes it a crime for local officials to pass tougher gun regulations than the state. As Mike Vasilinda tells us, a handful of counties are considering challenging the law in court.

The state says it is against the law to fire a gun across a paved road. But state law says nothing about unpaved roads. And you can’t shoot at something in a state park…but the law says nothing about local parks.

So many local governments closed those loopholes. But come October first, every one of them will be illegal. A new state law makes it a crime for local officials to keep more stringent gun laws on the books.

“We can be removed from office, we can be fined, or technically, we could be put in jail,” said John Dailey, Leon County Commissioner.

State supremacy on guns was already the law… but many local governments believe home rule gave them authority when something was silent at the state level,

“I think it was a complete over stepping by the legislature of the basic concepts in the 1968 Constitution of home rule,” said Herb Thiele, Leon County Attorney.

But now, nobody wants to risk getting thrown out of office or being fined or worse. Every local government is being told to review their law books.

With no local ordinance on the books, officials say there is nothing to keep a hunter from showing up at this park during duck hunting season and blasting away.

The legislation was a top priority of the National Rifle Association.

“And if they want to break the law, then they should pay like everybody else. They are not above the law,” said Hammer.

Several counties are expected to challenge the new restrictions in court. Counties considering legal action include Palm Beach, Broward, Orange and Miami Dade.

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