Your oath never expires... join us!

Minuteman
Home Calendar Join Us Media & Video Resources Press Contact Us

Coral Gables Violates Florida Firearms Law. Bans Rifle Sales

Share on  

 March 01, 2018,  Dylan Wick

   It goes without saying, that the events that transpired at Marjory Stoneman Douglas High School in Parkland, FL were horrific and that no one in America wants that to ever happen again. However, the illogical, unlawful, ineffective, and emotionally chaotic responses from many in Government, and spurred on by the media continue.

   The latest of these comes from the city of Coral Gables, Florida, where the city commissioners said Tuesday that they would risk being ousted from office and being faced with thousands of dollars in fines and legal costs by pursuing a local ban on what they inaccurately call “assault rifles”.

   Florida statute 790.33 prohibits any county, city, town, municipality, or other local government from enacting or enforcing their own firearms laws.

  • (1): Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void.
     
  • (2) (b): It is further the intent of this section to deter and prevent the violation of this section and the violation of rights protected under the constitution and laws of this state related to firearms, ammunition, or components thereof, by the abuse of official authority that occurs when enactments are passed in violation of state law or under color of local or state authority. 
     
  • (3) (c): If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred.
     
  • (3) (d): Except as required by applicable law, public funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated this section.
     
  • (3) (e): A knowing and willful violation of any provision of this section by a person acting in an official capacity for any entity enacting or causing to be enforced a local ordinance or administrative rule or regulation prohibited under paragraph (a) or otherwise under color of law shall be cause for termination of employment or contract or removal from office by the Governor.

   Mayor Raúl Valdés-Fauli proposed the local ban, saying he wanted Coral Gables to be an example in the face of Florida’s gun lobby and the reluctance of the Republican-controlled legislature to pass a broad crackdown on rifle sales after the Feb. 14 massacre.

Call to Action

   We are calling for Florida Attorney General Pam Bondi to pursue legal action against any and all who violate 790.33. We encourage every Floridian to contact Pam Bondi at http://myfloridalegal.com/ and insist that the law is upheld.

   We are also calling for Governor Rick Scott to remove any such individuals from office. We encourage every Floridian to contact Governor Rick Scott at https://www.flgov.com/.

Alachua County

   The Alachua County Florida board recently passed a resolution calling upon the Florida legislature to lift 790.33 so that they too may legally as a County pass their own gun control measures.

St. Lucie County

   Sheriff Ken Mascara wants local firearms dealers to stop selling semi-automatic weapons to anyone younger than 21. Although that is one of the same restrictions Gov. Rick Scott made on Friday in his sweeping proposals for school safety and gun regulation, Mascara, however, wants something done now.

   Mascara said he will send letters on Tuesday to 84 federally licensed dealers in St. Lucie County, asking them to immediately — and voluntarily — restrict gun sales.

   Understand that any county Sheriff has also sworn an oath to uphold the Constitution and protect the Constitutional rights of the people. This certainly sounds like a violation of 18 U.S. Code § 241.

Facts

   Despite any misguided well intentions, there are a few facts that need to be addressed:

  • Over 98% of mass shootings happen in gun-free zones where legislators have forced, by threat of prosecution, the American people to be disarmed and who have taken away their citizenry’s abilities to defend themselves, their families, children, and their communities from lethal force attacks.
     
  • The death toll on February 14th, 2018 could have been zero or minimized had (any):
     
    • The Broward County Sheriff, Scott Israel and the FBI taken appropriate action on the numerous reports concerning the shooter.
       
    • The Broward County Sheriff office school resource officer went in to confront the shooter rather than standing down as the body count rose.
       
    • State lawmakers had not created a Government enforced kill zone where defenseless Americans, contrary to their constitutionally protected rights, had no ability to defend themselves and their fellow Americans, including children.
       
  • Rather than Government working within the confines of the law (the United States Constitution) to help solve this very important issue, or taking a hard look at their responsibility for their own failed policies and performance, many are doubling down on these failed policies and laws by attempting to further “infringe” and impose even more laws and restrictions that further handcuff the American people.
     
  • Government cannot be everywhere all of the time. When seconds count, law enforcement is minute’s away. And, as we saw in Parkland, they often take up a tactical position as the body count continues to rise. In any deadly force situation, the person most able to stop the threat immediately before precious life is lost, is the person present at that moment.
     
  • Lastly, since we are speaking of law, it is incredibly important to mention that:
     
    • All elected officials, according to Article VI of the United States Constitution, must swear an Oath to support and defend the Constitution of the United States. This support of the “supreme law of the land” is not contingent on emotion, political agenda, feelings, or even public outcry… it’s a matter of static law.
       
    • Article VI of the United States Constitution reads in part:
       
      • This Constitution, and the laws of the United States which shall be made in pursuance thereof;… shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. The Senators and Representatives… and the members of the several state legislatures, and all executive and judicial officers… shall be bound by oath or affirmation, to support this Constitution;
         
    • Part of that Constitutional supreme law of the land is the 2nd The 2nd Amendment, which states in part:
       
      • …being necessary to the security of a free State, the right of the people (not the militia, the people) to keep (own and possess) and bear (carry) Arms, shall not be infringed.
         
    • Further, it appears that 18 U.S. Code § 241 – “Conspiracy against rights” may be applicable concerning any law, person or body that restricts Constitutional rights, especially when such law results in death. It reads in part:
       
      • If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;… They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death. 

   In light of the supreme law, one could easily conclude that lawmakers are breaking the law, as well as their sworn oath to it, and as a result, people are losing their lives due to the inability to defend themselves and their fellow Americans.

   The right to self-defense by the best means available is not a right given by the United States Constitution or any Government, it is a natural God given right “protected” (from governments) by the Constitution. We believe the wording is crystal clear, “shall not be infringed”.

   It is our contention that:

   Lawmakers, despite possible good intentions, are creating unlawful laws that “handcuff” the American people (metaphorically and literally) from defending themselves, their fellow Americans, and our children.

   For whatever reason (emotion, public out-cry, agenda, ignorance), law makers seems more than willing to break the law under the guise of protecting American life, when in fact, they put Americans in grave danger by these very laws. Not only in danger for their lives, but also in danger of losing their Constitutional liberties should an American break these statutes. This not only applies to the Coral Gables situation, but gun laws in the United States as a whole.

   Gun free zones are not only unlawful and unconstitutional; they create soft targets and a “fish in a barrel” situation for any American who must go into one.

   When government start obeying the law they swore to uphold, despite their agenda’s, feelings, or dreams of utopia, and stop infringing on the American people Constitutional liberties, the body counts will massively decrease. An armed society is a polite society. And let’s not forget, it’s the law.

   Lastly, not many want to talk about it, it’s uncomfortable, and everyone hopes it never goes there, but concerning the ArmaLite Rifle model #15 (AR-15) and other, as Dianne Feinstein loves to call them, “weapons of war”, let us remember the primary reason the second amendment was added to the law. It wasn’t necessarily for self-defense, hunting, target practice or sport, it was because our Founders had just fought a bloody war against a government that had become tyrannical and then attempted to disarm the citizenry. They wanted to ensure that “the people” were always as equally and effectively armed as any government in order to ensure “a free state”. A foolish society says “it can never happen to me”. An intelligent and wise society says “we” shall ensure that it doesn’t.

"Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."

Benjamin Franklin


Reference Links

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.33.html

http://www.miamiherald.com/news/local/community/miami-dade/article202523304.html

http://alachuacounty.us/news/article/pages/County-Passes-Resolution-Calling-for-Gun-Control-Measures.aspx

http://article6.org/emailattachments/Alachua1.jpg

http://article6.org/emailattachments/Alachua2.jpg

https://www.tcpalm.com/story/news/education/st-lucie-county-schools/2018/02/26/under-21-no-gun-st-lucie-county-sheriff-asking-gun-dealers-restrict-semi-automatic-sales-after-parkl/368037002/

http://www.article6.org/images/sites/article6/PR-3-1-2018-min.pdf

Share on  

2352 Views


The views, opinions and positions expressed by the author are theirs alone, and do not necessarily reflect the views, opinions or positions of Article6. Article6 makes no representations as to accuracy, completeness, correctness, suitability, or validity of any information on this page and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. The views, opinions and positions expressed on this page are protected by the First Ammendment of the United States Constitution.

Join Our Email List

Never miss one of our public events! Enter your email address below.