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NRA v FL Case 4:18-cv-00137

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Posted on May 24 2018

Florida passes NEW gun Laws

and the NRA sues 

The Florida House voting 67-50 to approve the bill and the state Senate passing it by a 20-18 vote.

Below are the NEW elements of the newly codified FL Law;

  • Raises the legal age for gun purchases to 21

 

  • Institutes a waiting period of three days

 

  • Allows for the arming of school personnel who are not full-time teachers.

 

  • Creates a three-day waiting period for all firearms sales. This does not apply to law enforcement officers, correctional officers, active duty military members or members of the Florida National Guard or United States Reserve Forces who are purchasing a rifle or shotgun. The waiting period does not apply to the purchase of a rifle or shotgun for those who have completed a hunter safety course and possess a hunter safety identification card, or anyone who is exempt from the hunter safety course requirements and holds a valid Florida hunting license. 

 

  • Bans sale or possession of bump stocks; 

 

$400 Million Investment to Keep Students Safe & Enhance Mental Health Treatment 

 

Provides $162 million for safe-school officers and requires a safe-school officer at each school in the state. Safe-school officers must be sworn law enforcement officers;

Requires mandatory active shooter training in schools every semester. Students, district school safety specialists, threat assessment teams, faculty, staff and designated first responders must participate in these drills;

 

Provides $99 million to address specific school safety needs within each school district. This includes school hardening measures such as metal detectors, bulletproof glass, steel doors and upgraded locks. The Florida Department of Education (DOE) will establish the Office of Safe Schools and will work in consultation with sheriffs and police chiefs to approve school safety plans and provide school hardening grants to school districts;

 

Governor Scott’s Statement reads in part:

Creates "Risk Protection Orders," which allows a court to prohibit a violent or mentally ill individual from purchasing or possessing a firearm or any other weapon. If a law enforcement officer believes that a person poses a danger to themselves or others by possessing a firearm, they can petition a court to have the individual immediately surrender the firearm and prohibit them from possessing or purchasing firearms;

 

"Allows law enforcement to seize firearms when a person has been detained under the 'Baker Act.' Also prohibits a person who has been 'adjudicated mentally defective' or who has been 'committed to a mental institution' from owning or possessing a firearm.’

 

I want to conclude on one final point: I know the debate on all these issues will continue, and that’s healthy in our democracy. People are passionate in their beliefs and they should be. But, we should not insult or disparage each other. We should work together to make our schools safe for our kids. We have a lot of work ahead of us in order to enact these reforms and make our schools safer. This is a time for all of us to come together, roll up our sleeves, and get it done.”

 

 

You can read the Florida Governor’s 4 Page Statement, here the Baker Act that Governor Scott references, can be found here

 Governor Scott’s official transmittal of the codified law, can be found, here.

     

    The NRA’s Executive Director Chris Cox response:

    This bill punishes law-abiding gun owners for the criminal acts of a deranged individual. ... Instead of looking to the root cause of this premeditated violence [in schools], the gun control provisions in this law wrongly blame millions of Floridians who safely and responsibly exercise their right to self-defense."

     

    On the same day Gov. Rick Scott signed a gun control bill into law, the NRA filed a lawsuit in US District Court for the Northern District of Florida. Predictably the NRA lawsuit seeks, declaratory and injunctive relief:

    • Declaration that Florida’s law banning adult, law-abiding citizens under the age of 21 from purchasing firearms of any kind is unconstitutional under the Second and Fourteenth Amendments to the United States Constitution.
    • Injunction compelling Defendants to refrain from enforcing that invalid ban and to allow Plaintiff’s members to purchase firearms to defend themselves.
    • Under 18 U.S.C. § 922(b)(1), a federally licensed firearm dealer may not sell to any
      individual under the age of 21 any handgun.
    •  Florida’s ban is therefore unconstitutional, void, and invalid as applied to women between the ages of 18 and 21. See paragraph 32, pages 9 & 10 of Complaint.
    • Equal protection rights of those NRA Members described above, and it is therefore facially unconstitutional, void, and invalid. See paragraph 36, page 10

     

    Open Source Link to the @NRA 13 page Complaint here

     

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