State ( Florida ) lawmakers: Cities can’t ban guns in parks, town halls

[Guest TnRebel]

[h=2]A new state law means that scores of local gun rules have to be repealed by Oct. 1.[/h]

Read more: State lawmakers: Cities can’t ban guns in parks, town halls - Florida - MiamiHerald.com

[h=3]By Diana Moskovitz[/h]<!-- begin /production/story/credit_line_format.comp -->[h=3]dmoskovitz@MiamiHerald.com[/h]<!-- end /production/story/credit_line_format.comp -->Do handguns belong in South Florida’s parks and recreation centers and city halls?

They do according to the Florida Legislature.

Under a new law that takes effect Oct. 1, all of the state’s cities and counties must repeal local rules limiting gun ownership. Although the state has claimed sole right to regulate firearms since 1987, this year’s new law adds fines for local officials who fail to comply, and gives gun owners a right to sue for damages if they believe their rights have been violated.

Though the initial bill suggested a fine of $5 million, the final legislation lowered the amount to $5,000.

The result: Local leaders have begun to comply, cancelling laws that kept guns out of parks and community buildings, and taking down signs warning visitors not to bring firearms to such places.

The law highlights differences between those Floridians who see guns as tools of criminals and those who see them as sporting goods, tools of self-defense or symbols of freedom.

“This probably passed because of someone from the NRA, someone who doesn’t care about urban conditions,†said Aaron Campbell, vice mayor of Miami Gardens, where last week a young couple was fatally shot while filling up at a gas station. “It’s sad that a piece of legislation can pass like this.â€

Now the only restrictions on concealed weapons are those approved by the Legislature. Guns still aren’t allowed in schools or bars. They may be brought into government buildings, although an exception allows them to be excluded while a city council, school board or county commission is meeting.

Private businesses still get to decide whether to allow guns inside.

“You’re not going to have every Tom, Dick and Harry carrying a firearm on their person up and down the streets and into buildings because it’s a felony†unless the person has a license to carry a concealed weapon, said longtime National Rifle Association lobbyist Marion Hammer. “Only close to a million people in the state are licensed to carry concealed.â€

Beyond the state Capitol, the change marks the latest salvo in the back-and-forth clash about Americans and their relationship with guns, an issue so divisive it even splits the parents at Coconut Grove’s David T. Kennedy Park on a recent Sunday afternoon.

“One place guns aren’t needed is a park,†said Diego Tejera, 36, father of a 15-month old baby girl.

Ignacio Bernal disagreed. The father of two toddlers works as a repossession agent and said he has held a concealed weapons permit for 25 years. People can’t predict when a potential criminal will strike, he said.

“You don’t choose the crook who’s going to rob you,†Bernal said.

Parks are one of the most common places in which local governments had banned guns.

On Tuesday, four children were shot in Miami-Dade’s West Little River Park. Police said a car pulled up to the park and the occupants opened fire with an assault rifle and another weapon. The four injured kids, ages 3 to 16, were at an Optimist Club football game.

Now, city and county lawyers across the state must review their codes and see what must be repealed. County attorneys for Miami-Dade and Broward counties both said they were reviewing their codes to see what had to go.

Read more: State lawmakers: Cities can’t ban guns in parks, town halls - Florida - MiamiHerald.com

[Guest PapaB]

It's nice to see a state that gets it. Constitutional rights, State or Federal, should not be regulated by local government. Tennessee's guns in parks law is a prime example of the State allowing localities to usurp State authority. Local government should not be allowed to regulate any Constitutional rights.

Stepping off the soapbox now.

[Guest JMB]

Creating a list of arbitrary places where those authorized by the state to carry a handgun, are not allowed to carry just creates confusion.

In Tennessee you can drive five miles from one locality to another, and move from law abiding citizen to lawbreaker simply because you forgot to take your gun out of your pocket.

It is impossible to memorize every rule for every little burg in one state, let alone fifty. Where prohibitions are allowed to exist posting should be required to be rediculously large and prominently displayed.

I inadvertantly violated a prohibition this week because I walked into a store, which had no postings at the entrance, but inside had a placquard with a long list of do/don'ts, and buried in small print about line 25 was a general prohibition against weapons of any type. I never would have seen it had I not been bored enough waiting on the wife to be reading the stupid thing.

The Tennessee legislature needs to apply some common sense to these issues.

[bigwakes]

My understanding is the sign needs to be at the entrance, although the minimum size requirement has been removed. I guess a microscopic gunbuster sign would be considered posted.

[Guest JMB]

That's what bugs me bigwakes, the legislative changes this year left it confusing about what does, or doesn't constitute posting.

It may take a run in with police, confiscation of you gun, and lawyer fees just to prove they didn't post properly.

Could be easily remedied. I'll put away my soapbox now.

[Guest bkelm18]

I inadvertantly violated a prohibition this week because I walked into a store, which had no postings at the entrance, but inside had a placquard with a long list of do/don'ts, and buried in small print about line 25 was a general prohibition against weapons of any type. I never would have seen it had I not been bored enough waiting on the wife to be reading the stupid thing.

You violated store policy, not the law. If it was a simple blurb about prohibiting weapons, it does not follow what the law says is a proper posting.

[Guest bkelm18]

That's what bugs me bigwakes, the legislative changes this year left it confusing about what does, or doesn't constitute posting.

It may take a run in with police, confiscation of you gun, and lawyer fees just to prove they didn't post properly.

Could be easily remedied. I'll put away my soapbox now.

I've yet to hear of anyone being arrested for carrying into a business that was posted. Violation of 39-17-1359 is only a Class B Misdemeanor and by statute is only punishable by fine up to $500. I highly doubt they'd confiscate your gun (if they're even allowed to in this case).

[Oh Shoot]

I've yet to hear of anyone being arrested for carrying into a business that was posted. Violation of 39-17-1359 is only a Class B Misdemeanor and by statute is only punishable by fine up to $500....

Bear in mind though, that 39-17-1352 says that HCP will be suspended or revoked for violation. An additional "gotcha" that has not been tested yet to anyone's knowledge. The "$500 only" wording could easily be interpreted as in there only to prevent any jail time, not also losing HCP.

- OS

[vontar]

I inadvertantly violated a prohibition this week because I walked into a store, which had no postings at the entrance, but inside had a placquard with a long list of do/don'ts, and buried in small print about line 25 was a general prohibition against weapons of any type. I never would have seen it had I not been bored enough waiting on the wife to be reading the stupid thing.

Go to buy something, then tell you sorry I didn't see your sign, leave it on the counter and leave.

Or,

You could call a place, ask them if they have something and when they do, tell them you will be right down, 20 minutes later call them back ask for the manager. Tell him you drove 20 minutes to buy such and such but can not come in to buy it due to the sign.

(I know it is there right to post, doesn't hurts to lets them see profits leaves either. I understand these are hard times and they should welcome money in, not drive it away).