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Florida Law Eliminates Gun Restrictions

August 17, 2011 by  

Governor Rick Scott has signed into law the Penalties for Violating Firearms Preemption Law, a statute that forces the repeal of all regulations that would be passed in an effort to violate Second Amendment rights.The Florida State Legislature has taken significant steps toward eliminating restrictions that had been previously placed on firearms, according to The New American.

Helping to protect 2nd Amendment rights for citizens, the measures would impose penalties on public officials who pass or enforce gun regulations at the State level, reported the website.

Legislators who violate the law face punishments that include a $5,000 personal fine and the risk of being removed from office by the Governor of Florida. The State has already enacted legislation that made it illegal to pass regulations beyond those that were imposed in 1987, The New American reported.

Governor Rick Scott has signed the Penalties for Violating Firearms Preemption Law, a measure that forces the repeal of all regulations passed in violation of the 2nd Amendment, according to the website.

The enacting of the legislation in Florida comes while the State Congress is in recess, a time when gun law expert John M. Snyder notes that Americans should go to their Representatives and proclaim their support for less regulation concerning firearms, an essay for read.

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  • Sausagefingers

    Yes Finally someone who gets it. Nice job Florida State Legislature

    • ONTIME

      Ca. could use a lot of help on gun law and making the legislature part time….

  • Maurice

    This is a good move on the part of the state of Florida. The people(citizens) of this great nation has allowed too much of their freedoms to be usurped by the government. It is refreshing to see that we still have some people with a backbone.

  • dan

    We’re waiting for November ,in Wisconsin, when our new law takes effect.
    I admire Florida’s legislature for doing the right thing…and am
    equally proud of the effort it has taken Wisconsin to re-establish
    second amendment rights that should never been abridged in the first place.Florida’s leadership in shaping the debate throughout the country
    should be celebrated….woohoo, way to go !

    • wandamurline

      If you live in Wisconsin, I hope that you are working to fire the Democrats who left the state in an attempt to undermine Gov. Walker who was trying to stop the spending and balancing the budget. I hope the people of your state do the right thing and oust these peope who did not do their jobs and left you unrepresented.

      • eddie47d

        You are correct they did get rid of 2 Republicans who weren’t doing their jobs last week. Although I highly doubt it Gov Walker may be recalled come January. His extreme actions could cost him his job or at least put his feet to the fire.

        • Macawma


          I have been fantasizing about you…that I would love to have you as my personal prisoner here at the ranch…I would scoop up all the excrement out of the bull pen and feed it right back to you! (It just makes my heart flutter to dream…)

          • eddie47d

            Macawma; That is a kinky statement you made no matter how you try and spread it! Republicans are obsessed with making others their prisoners. It must bring them back to the good ‘ol medEVIL days with lots of unusual torture methods. Misery and Death by poop!Is that an pattened Republican idea?

          • http://?? Joe H.

            Nah, that wouldn’t work. how would you tell where eddie ends and the $hit starts????

        • vicki

          Last I checked no Republican left the state to avoid doing their job so I am not sure why you think they were not. Would you care to elaborate?

          • eddie47d

            Vickie; The folks in Wisconsin voted out those Republicans because they disagreed with what they had done. No different than when Democrats are voted out for the same reason.

          • vicki

            So they WERE doing their job. Just that the voters didn’t like the job they were doing. Certainly better then the Democrats that ran away from THEIR job.

        • Prophet of freedom

          To those in the government who labor to destroy our rights, in the name of progress, safety, and some new modern times notion of civilization, beware, our country’s fore fathers armed this Nation of law abiding, peace loving, God fearing people well, and thanks to the blatant corruptness that permeates through Washington DC and many states “We the People” will openly denounce and remove from office all offenders regardless of party affiliation. We will not tolerate foreign threats, or crime in our streets, as reasons to disarm Americans, laws only affect the law abiding, your short sightedness smacks of an agenda seen in history before, we shall not be left defenceless, and shall protect our family our homes, and our Nations boarders, and from all enemies whether from within or without our nation.

  • florida sunshine

    permit holders have been checked out back round finger printed and should be able to carry any where in the state.
    thank you governor Scott
    but not open carry that is asking for trouble when the bad people know you are caring they get the upper hand .
    so that law should not be passed.

    • Vagabond

      I dissagree with you on open carry my friend. when the would be bad people know you are carrying they know better than to mess with you, unless they are just plein STUPID,

      • greenman48

        Vagabond, having first hand experience in the matter of concealed carry and open carry, I am here to tell you that open carry is asking for trouble. You advertise the fact that you are armed and the bad guy can simply change his/her plans to deal with you first as the greatest threat. Having your weapon concealed gives you the edge when you are PROPERLY TRAINED! There are exceptions as in any course of action/situation but if you carry openly you are making yourself a target far more often than if you carry concealed. Only the petty criminal will think twice about doing something! Educate yourself by checking out the various concealed weapons web sites and newsletters available. Without proper training and the right attitude, carrying concealed or openly is only asking for trouble from both criminals and law inforcement!

        • bill steffen


        • Earl, QUEENS, NY

          As for law enforcement, it must be hard to be a bobby or cop in England now, given all the rioting. We’ve heard it said that most British cops don’t (normally) carry guns. The anti-2nd Amendment leftwing statists here often praise the anti-gun laws of nations like England. Never mind the fact that England had even lower crime rates before it stripped its citizens of their firearms!! My question now is: are the rioters carrying guns or other weapons while the law abiding citizens and most police are disarmed and defenseless?????

    • independant thinker

      florida, I agree to a certain extent but being able to carry openly does not mean you have to carry openly. As a result your point really does not apply.

    • 45caliber


      Tell me, is it that you are worried about some criminal attacking you if you carry openly? Or are you nervous when you see someone else carrying openly?

    • PapaSmurfCFD

      Virginia has had open carry laws for years, NO permit is required, No back ground checks, No finger printing,… NOTHING!, Only if you want to carry a concealed weapon do you need a permit. the Virginia Citizen Defense League is our lead organisation in getting good laws passed and holding our law makers accountable. Way to go Florida!

  • http://lives RAYMOND HARBIN





  • Polski

    Isn’t it in St. Augustine in Florida where you have to have a leash on your alligator before you walk them?

    • 45caliber

      I’m not sure. But I know that Wheeling, WV, has a law requiring a lease on your pet lion …

    • independant thinker

      Makes me think of “Elvis” on Miami Vice.

  • James

    The only government that can violate the Second Amendment is the federal government. The Preamble to the Bill of Rights reads: “THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added.”
    The Bill of Rights begins with: “Congress shall make no law…” respecting the five rights mentioned therein. The 9th Amendment states: “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” And the 10th Amendment reads: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
    The Florida Constitution, Article I, Section 8(a) reads: “The right of the people to keep and bear arms in defense of themselves and the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.”
    That is the law that relates to Florida, not the 2nd Amendment.

    • 45caliber


      I agree. And the Congress ignores ALL the Bill of Rights daily.

      As far as I know, all states have a version of the 2nd Amendment in their present state Constititions. I know Texas does.

      • independant thinker

        I read somewhere that one state (I forget which) does not have a second amendment equivilant.

        • James

          Six states don’t have one, they are: California, Iowa, Maryland, Minnesota, New Jersey and New York. However, that doesn’t mean citizens there don’t have the right, nor does it mean those States may infringe on the right as they see fit.
          Again, rights ae unalienable, every American citizen has them.

      • James

        Texas Constitution, Art. I, Sec. 23 reads: “Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the legislature shall have power by law to regulate the wearing of arms with a view to pevent crime.”

        • James

          NOTICE TO ALL! The Texas Constitution says “Every citizen shall have the right…” The Second Amendment does not say that, it just says “the right to keep and bear arms shall not be infringed” and as we saw above, that applies exclusively to Congress. LET’S GET IT RIGHT!

    • Isaac Davis

      There is a word: UNALIENABLE. No government can take away those rights that are Given to us by the Lord. Only you can refuse to use the Liberty and Freedom to protect and preserve your unalienable rights. If you succumb to the forces of the color of law, then you have made a sovereign choice. The Constitution states what America is as a Republic. Like the 20,000-plus gun laws that infringe on the Creators Granted Rights, it has been our failure as the governed to reign in the unchecked power that the government assumes they have because they were never questioned about the usurpation of power. It’s a fine thing to wake up when the house is on fire, at least you might save your own skin, but it sure would have been a lot better 230+ years later had the Founding Fathers and our Heritage been a mainstay of our lives. The saying that you don’t know what you had until you’ve lost it rings truer than ever.

      It is exhausting and necessary to maintain a Republic–we’ve seen the results of being too tired and distracted to understand our Responsibility.

      “Posterity, you will never know how much it cost the present generation to preserve your Freedom. I hope you make good use of it. If you do not, I shall repent in Heaven that ever I took half the pains to preserve it.” –John Adams

      • James


      • vicki

        Well said.

  • oldbill

    I think we should do everything possible to keep guns out of the hands of criminals and convicted felons. The best way I know of to do this is to abolish parole and make convicted criminals serve their full sentences. When they have finished serving their time and are released from prison, all of their rights should be restored. If they choose to commit violent crimes again, upon conviction, they should receive life sentenses without the possibility of parole or be put to death. Convicted criminals serving time in prison should not be allowed to have guns.

    • 45caliber

      I believe that any criminal who used a gun to commit a crime should have EVERY gun law that relates to that crime used against him in court. I know at least one law REQUIRES an additional 10 year sentence above whatever sentence he gets from the act itself. The libs insist that they are in favor of gun control but this is one law they dislike since it punishes the criminal without punishing the gun owners.

      I also think your last statement doesn’t reflect what you intended to say. Criminals serving time in prison cannot have guns.

    • PapaSmurfCFD


      Guess what… anyone who has been convicted of a felony crime, violent or not, is not allowed by law to have a gun NOW! Here is a BIG surprise, but criminal DON”T obey the laws!! (Maybe, that why they are criminals in the first place.) We do not need more laws the restrict the citizen’s rights. Rather we need to enforce the laws we have on the books now.

    • James

      Oldbill, All States forbid convicted felons from possessing firearms.

  • Aster George

    Florida needs to get ready for an influx of citizens with the same belief. This country needs to be free of all laws that conflict with freedom of choice.

  • 45caliber

    Ooooo! I like this one! Sounds as if this is a law that is needed for both Texas and the US!

  • Robin

    WOOT!!! Way to go Florida. Finally someone wants to stand up for our constitutional rights of being able to own guns. If other states would stand up for our 1st and 2nd Amendments, we would be in a lot better shape than we are now. As it is there is a chilling effect on Free Speech when it comes to issues the almost dictatorial Federal government doesn’t want discussed. It’s scary how our once proud nation has gone down the crapper since the late 19th Century.

  • devilsDetails

    Aah, the Open Carry argument. Consider this, if you have a CCP in Florida you can carry concealed, but without an open carry law, if someone makes you (sees the gun, grip, or even an imprint through your shirt), then you have committed a criminal act, even with the permit. On the other hand, where I live, Colorado, it is an open carry state, with CCW permits issued. And even though concealed means concealed, you don’t have to worry about anybody freaking out on you because they saw an imprint through your shirt, and calls the cops to detain or arrest you, confiscate your weapon, and then deal with all the legal process BS. Also, open carry is practiced (and practical) in rural counties a lot more than urban for sure, and you simply don’t see people walking around with open carry in Denver and suburbs, except for LEO’s of course. Open carry isn’t a threat, it’s a protection, both legally and physically, for both CCW permit holders and non-CCW civilians. Criminals don’t open carry, so OC isn’t in support of them. And isn’t the idea of CCW to prevent harm to you and loved ones? If that’s the case and it causes a criminal to re-think attacking you, then it worked. The idea that one would want to conceal carry in order to surprise a criminal, sounds a little bit like that someone is actually inviting criminals in hopes of an incident. The idea is to prevent harm to yourself, not to go out looking to shoot bad guys. Once you shoot someone, even legally in self-defense, your life changes forever, you spend a lot of time in court, and you’ll likely have to shell out $50,000.00 plus to a defense lawyer. You don’t want an incident, you want prevention and protection. OC does that, especially in conjunction with CCW permits.

  • meow…

    Well,well,well….Thank you,Mr. Scott! Didn’t vote for you but sure will next time!

  • ken

    all i can say is kudoes to my state

  • W Edward LaRue

    I live in Florida. I like this new law. Does anyone know whether an inadvertent exposure of the concealed weapon is still criminally punishable? It is the one danger of CCW. I moved 2 years ago from Virginia, and they have a CCW law, but if you inadvertently expose the concealed weapon, even if you have CCW, you may be prosecuted. One Virginia bar owner was targeted by a local politician because he opposed this politician. The politician called in ATF against this bar owner, and the bar owner was caught when he leaned over to retrieve something and inadvertently exposed his handgun, was arrested and prosecuted,and of course, lost his liquor license AND his bar!

    • vicki

      inadvertent exposure? That should be easy to defend in court. Of course he intended to expose it. Of course there is probably a gotcha law that says intentional exposure is a crime too. Thus severely infringing on your right to “bear (carry) arms”.

  • gypsy

    good job

  • http://PersonalLibertyDigest Dan Voisine

    Mr. Scott,Finally A congressman that knows how to read.It almost makes me love the government again. You Mr. Scott, You the Man!!!!!

  • John Kramer

    I wish Massachusetts would follow Florida’s lead. The gun control laws in my state are the most dumb and stupid than any other state in country.

    • James

      John K. The Massachusetts Constitution, Part The First, Article XVII reads: “The people have a right to keep and bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority, and be governed by it.”
      That’s been around for a long time, it should be revised.

  • Florida Guy

    Obviously I live in Florida so all the praise is nice, but I fear our new law is being misunderstood. All it did was add legal teeth to a law we already had that said that local entities could not add restrictions beyond those that the state has already imposed on guns. That law was being ignored by many of our counties, so now if they do that the local officials are subject to legal penalities. Florida at the state level has significant restrictions as to where a firearm, even with a CCW cannot be carried. We are working to get some of those changed but it is not easy. One thing of significance that is being worked on is to get the accidential exposure rules changed to decriminalize these kind of occurences. Things change in small steps, but progress is being made.

  • Sean Conover

    I want to know, will this include the 1939 case of US VS MILLER? It needs to; if that happens, then for the first time in our nation’s history, precedence will be set, completely opening the door to the correct argument, supporting the Right of the Individual to keep and bear (ALL) firearms which have military purpose.

  • Earl, QUEENS, NY

    Yes, it’s good to see Florida stand up for our 2nd Amendment rights. The same should be demanded for all states, including deep blue states in which the 2nd Amendment is obsolete and meaningless. Likewise, we should demand penalties for the Chucky Shmucky Schumer type politicians in Washington who have such contempt for our bill of rights. And why just the 2nd amendment?? We have the unconstitutional Obamacare law, hate crime laws which infringe on our 1st Amendment, etc. Politicians in DC who support these unconstitutional laws belong in jail!!

  • tedez

    Hold on everybody, this isn’t what you might think it is. Take a look at this: The 2nd Amendment only applies to “the People” identified in the Preamble of the Constitution and not to a U.S. citizen as noted in the link. The 14th amendment took that right away from the citizen. State of Florida cannot give you rights that are prohibited by the 14th Amendment because it is contained in the “supreme law of the land”, the Constitution if you are a citizen of the U.S. and subject to the jurisdiction thereof.

    Properly identify yourself when availing yourself to your Rights.

    • vicki

      Inalienable rights are, well, inalienable. They come from your Creator and not from some instrument of mans creation. You do not loose those rights by becoming a citizen.

    • James

      Tedez, You need help, I suggest you read my above comments on the law for a starter. The 14th Amendment didn’t prohibit rights, it made citizens out of the just-freed slaves, and extended to them the right to life, liberty, and property.

      • vdot

        @James – you give Tedez a lot more credit than I would give the obvious trolling lib…

  • Mitchell Kernan

    Good looking out Ricky


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