Gun owners sue Florida over 'bump stock' ban

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bignflnut
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Gun owners sue Florida over 'bump stock' ban

Post by bignflnut »

TALLAHASSEE — Gun owners have filed a second lawsuit against the state over gun-related provisions in a new school-safety law, this time alleging that a ban on “bump stocks” is an unconstitutional taking of property.

The case, filed last week in Leon County Circuit Court, asks a judge to order “full compensation” for what the plaintiffs’ attorneys estimate are “tens of thousands, or more” Floridians who own bump stocks or similar devices.

The ban on bump stocks, which make semi-automatic weapons fire faster, was included in a law passed this month in response to the Feb. 14 mass shooting at Marjory Stoneman Douglas High School in Parkland that left 17 people dead and 17 injured.

The law also raised the minimum age to buy a gun from 18 to 21 and imposed a three-day waiting period for purchasing rifles.

Hours after Gov. Rick Scott signed the law, the National Rifle Association filed a federal lawsuit that challenges the Legislature’s decision to require people to be age 21 before purchasing rifles and other types of long guns. The lawsuit accuses the state of violating the constitutional rights of young adults between the ages of 18 and 21.

In the complaint in the bump stock case, lawyers for the plaintiffs argued that the Florida Constitution bars the state from taking private property “except for a public person and with full compensation therefore paid to each owner.”

But Sen. Bill Galvano, a Bradenton Republican who sponsored the bill, said he stands by the prohibition.

“At the end of the day, these devices turn semi-automatic rifles into machine guns. A policy decision consistent with the authority of the state has been made that this is not acceptable,” said Galvano, a lawyer slated to take over as Senate president in November.

The lawsuit also refers to a 2010 directive issued by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, that determined bump stocks are a “firearm part” and not regulated as a firearm under federal gun laws.
Here's two GOP members getting it ALL wrong.
Were we better off with a Dem as POTUS? At least then, the fiction of Left vs Right kept the GOP in line regarding RKBA. Now in power, they feel enabled to betray us left and right.
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Re: Gun owners sue Florida over 'bump stock' ban

Post by WhyNot »

....and , here's the REST of the article

''The lawsuit also refers to a 2010 directive issued by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, that determined bump stocks are a “firearm part” and not regulated as a firearm under federal gun laws.

Marion Hammer, the National Rifle Association’s Florida lobbyist, said recently that the gun-rights organization is expected to challenge the bump-stock ban after the portion of the law dealing with the devices goes into effect on Oct. 1.''

Perhaps the NRA can now join this grassroots lawsuit, now. And help correct in at least one state the damage they did with their announcement ''green light'' last fall.....
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bignflnut
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Re: Gun owners sue Florida over 'bump stock' ban

Post by bignflnut »

Far be it from me to defend the NRA in much of anything...but in this case, they're engaged (yes, as WhyNot properly points out, against their previously stated position Oct of 2017)

The following is from a March 10th article
On Friday, the National Rifle Association announced plans to sue the state of Florida just hours after Gov. Rick Scott signed legislation placing new restrictions on guns in response to the recent mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, that killed 17 people. The gun group says one of the bill’s provisions — which raises the age to buy firearms to 21 — “eviscerates” the gun rights of young adults.

The NRA on Friday filed a lawsuit in the Northern District of Florida contending that the new Florida law violates the Second and 14th Amendments of the US Constitution. The Second Amendment is the right to bear arms, and the 14th Amendment guarantees equal protection under the law.

“Swift action is needed to prevent young adults in Florida from being treated as second-class citizens when it comes to the right to keep and bear arms,” said Chris Cox, the executive director of the NRA’s Institute for Legislative Action, in a statement. “We are confident that the courts will vindicate our view that Florida’s ban is a blatant violation of the Second Amendment.”

The NRA’s complaint argues that the bill is particularly offensive to women under the age of 21, who are “much less likely to engage in violent crime than older members of the general population who are unaffected by the ban.” (Women of all ages are disproportionately victims of gun violence in domestic abuse; according to the Huffington Post, 80 percent of people killed by intimate partners in the US are women; 53 percent of those murders involve a fatal gunshot.)
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908

Republicans.Hate.You. See2020.

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
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