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Florida governor signs landmark gun control legislation

Scorpio

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Bucking the NRA, Florida governor signs landmark gun control legislation

By Jenny Jarvie
Mar 09, 2018 | 4:45 PM
| Atlanta



Florida Gov. Rick Scott signed a sweeping $400-million school safety bill on Friday, enacting significant gun control measures in the state for the first time since the GOP took control of the Legislature more than two decades ago.

But the staunch Republican and longtime National Rifle Assn. member did not use his line-item veto authority to remove funding for what many consider the most contentious part of the legislation — a program that allows school employees to bring firearms on campus.

Though Scott has repeatedly opposed the idea of arming teachers since 17 students and instructors were killed last month in a shooting at a high school in Parkland, Fla., he announced Friday after meeting with the victims' families that he would approve the bill in its entirety.

more:
http://www.latimes.com/nation/la-na-florida-gun-law-20180309-story.html
 

oldgaranddad

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We'll see how long this albatross of a law survives the legal scrutiny. An hour after signing the NRA, along with other constitutional groups, filed a lawsuit against FL for infringing on the rights of 18 to 21 year olds. Many states have justified pistol licensing beginning at 21 years of age by stating that 18 to 21 year olds can still buy long arms. Now that they can't, or are severely curtailed in their choices this plays into the hands of the plaintiffs. Notice how the most conspicuous absentee, the ACLU, has not even made a peep?

On several gun boards there are many threads about this law and many lawyers, some that I know personally, have said that FL is going to have really tough time defending the law. As one, legal eagle said, this may be by design. The governor and Republicans went along to avoid public pressure knowing full well that the courts would blow this boat out of the water and they could say "don't blame us, blame the courts". Either way, it shows just how spineless politicians are.
 

BarnacleBob

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Time to fire up the bulldozers and destroy the evidence! How does the common man even stand for this level of tyranny?
Sooner or later the constitutionality of the NFA (1938) & GCA's (1968) will be heard by SCOTUS, most likely piecemeal... The first part of these legislations fell in "District of Columbia v. Heller, 554 U.S. 570 (2008), is a landmark case in which the Supreme Court of the United States held, in a 5–4 decision, that the Second Amendment protects an individual's right to possess a firearm unconnected with service in a militia for traditionally lawful purposes, such as self-defense."

https://www.law.cornell.edu/supct/html/07-290.ZS.html

These legislations (GCA & NFA) & constitutional legitimacy, lawfulness & enforcement all rest on a very capricios & weak SCOTUS opinion, ruling & decision in The United States v Miller (No. 696) 307 U.S. 174, May 15, 1939.

https://www.law.cornell.edu/supremecourt/text/307/174

The high court upheld Millers conviction of violating the NFA opining that a sawed off short barreled shotgun was not a conventional weapon employed, used and stocked in the traditional cache of weaponry used for military & militia purposes & thus protected by the second amendment. The high courts decision basically defined exactly the weaponry that is the subjects & objects protected by the amendment (2A).

The NFA & subsequently the GCA's have been nothing more than hanging chads ready to break away for 80 years.... The only thing upholding the NFA today is SCOTUS refusal to head-on hear a case challenging the legitimacy of the NFA & GCA's... These unconstitutional legislations appear to be under attack piece meal, as the Heller Case defined 2A as both a collective & an individual right.

Indeed, the leftist and anti-gunners are in for a rude awakening if they continue to push for further unconstitutional legislations that violate 2A. Pushing & forcing SCOTUS into a full interpretation of the Amendment as codified in the BoR. One could anticipate with reasonable logic that SCOTUS could not & would not be capable of using the same logic employed in the Miller case to ban the AR15 & any of its derivatives (Ak's, FNFAL, etc.). What a gas it would be if the Court decided semiauto firearms like the AR15 were regulateable as semiautos but selectable M4's & Ak's were protected via 2A due to current usage & deployments. High cap mags & other furniture & accessories used by the military, the official militias (State National Guards & law enforment agencies) all fall within the subjects & objects of 2A.

IMO the state does possess the legitimate authority to regulate or ban bump stocks, as these are mostly novelty items that would not be found in the military or official militias arsenals, ergo these objects are not protected by & thru 2A.... That said, Mr Newtons 3rd law now comes into play, "If bump stocks are not protected by 2A since they do not possess any legitimate military usage, then logically selectable M4's, AK's, FNFALS, etc. must be protected within the FULL scope of the amendment," hence there can be no law making or rule making to regulate or license these objects!

If the foregoing is correct, then maybe the left is now seeking SCOTUS to overturn the NFA & GCA's... legalizing possession & use of all of the weaponry currently banned by NFA & GCA's.... By this means, the left could grow a consensus to create a constitutional convention to fully strike down 2A constitutionally.

Whatever the future brings, SCOTUS cannot forever hold off from interpreting 2A. The Heller case was their first great step in interpreting the scope & meaning of 2A WITHIN the several states.... Note that most of the Federal Firearms cases heard by SCOTUS & the Federal courts are jurisdictional cases within geographical federal districts such as "District of Columbia, Puerto Rico, Guam, Virgin Islands, etc.". The constitutionality of 2A firearms cases within the several states have been avoided like the plague by the Appellite Courts & SCOTUS. If any of these cases have been won based upon 2A arguements, they havent been published and/or have been sealed....

We watch!
 

oldgaranddad

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The high court upheld Millers conviction of violating the NFA opining that a sawed off short barreled shotgun was not a conventional weapon employed, used and stocked in the traditional cache of weaponry used for military & militia purposes & thus protected by the second amendment.
The US armed forces has had a long and varied history of using unconventional weapons in the theater of war with a drastic increase after the Korean war. The jungles of Vietnam became testing grounds for various designs most notably Stoner's inventions. The Iraq / Afghanistan theaters saw many weapons and most notably ammunition adopted and used by many units to a point the litmus on "standard arms" and "conventionally stocked" must be reevaluated and cannot be the deciding factor.

Will SCOTUS overturn the NFA and GCA? I doubt it, there is too much government power at stake for them to rule against it. They will do whatever legal gymnastics, like on Social Security and on Obamacare, to make a favorable decision for control even if they must whittle parts of the NFA and GCA away in a sacrifice but they will not kill the beasts in their entirety.