Duke University’s Arguments Against A Statutory Second Amendment

Herschel Smith · 22 May 2022 · 14 Comments

The Regulatory Review links a paper by Joseph Blocher of Duke University arguing against state preemption laws that prohibit more restrictive gun control statutes by cities and counties than instituted by the state itself.  The paper is entitled "Cities, Preemption, and the Statutory Second Amendment." He argues: As a practical matter, though, nothing has done more to shape contemporary gun regulation than state preemption laws, which fully or partially eliminate cities’ ability to…… [read more]

Florida permitless carry bill coming next legislative session, top Republican says

BY Herschel Smith
3 weeks, 1 day ago

Source.

TALLAHASSEE — Incoming Florida House Speaker Paul Renner told a supporter his chamber would move a “constitutional carry” policy for gun owners in Florida in the next legislative session, according to a video surreptitiously recorded at a fundraising event last month and posted online.

In the video, which was filmed at a House GOP fundraising event in Ocala on May 17, a man pulls Renner aside and asks if expanding the right for Floridians to carry guns without permits would be a legislative priority.

“I can tell you, we’ll do it in the House,” Renner tells the man. “We need to work on the Senate a little bit.”

In an interview Wednesday, Renner said he didn’t know he was being recorded or who he was speaking with at the Ocala event, but confirmed the video’s authenticity. The Palm Coast Republican reaffirmed his support for “constitutional carry” legislation but said he didn’t call it a priority.

“The issue on constitutional carry is whether government should be playing a role in saying whether you can or can’t carry outside the home when you meet the basic requirements of being able to pass a background check,” he said.

In April, Gov. Ron DeSantis promised to deliver a bill allowing permitless carry before his time as governor was through. The support of Renner, who leads one of Florida’s two legislative bodies, would mean the policy would have significant momentum in the next legislative session.

Current Florida law requires handgun owners to obtain a license to carry their weapons in most public places. Open carry of weapons is mostly prohibited: Florida’s licenses only allow gun owners to carry guns concealed on their person. In order to get a concealed carry permit, a handgun owner has to take a training class that includes instruction involving the live firing of a loaded gun.

In other states, “constitutional carry” has allowed gun owners to carry their weapon without a permit — and thus without going through that training. Supporters call the policy “constitutional carry” because they argue the Second Amendment’s guarantee of the right to bear arms means Americans should be able to carry without the regulatory burden of obtaining a permit.

[ … ]

Passidomo on Wednesday pointed to Florida’s red flag law as a good balance between Second Amendment rights and protecting communities and schools. That law allows law enforcement to petition for a risk protection order if they believe someone is a danger to themselves or others. If a judge approves the order, firearms are removed from a person’s home. The process allows the person given the order to oppose it in court.

Luis Valdes, Florida state director for Gun Owners of America, who posted the clip of Renner to YouTube, said he planned to push for a permitless carry policy this legislative session. Valdes believes Passidomo will come around eventually.

“She is right now kind of being a little bit squishy on the issue, but I think with a little bit of political education, she would push the bill,” Valdes said in an interview Thursday.

For fighting the good fight in Florida for open carry, I recommend The Armed Fisherman.

And while some may disagree, I think this is the wrong order.  Florida police are far too arrogant and need their comeuppance.  We need to see people openly carrying in Florida.

When people get accustomed to seeing men carry weapons, and seeing that the sky doesn’t fall, then proceed to constitutional carry next.

I would be most dissatisfied with constitutional carry passed without open carry.

Where are the strong men in Florida?  Why is there no push to see this happen?  Florida apparently wants to be like Hawaii, New York, New Jersey, Illinois and Massachusetts.

Ron DeSantis Finally Calls For Special Session Of Florida Congress To Address Constitutional Carry

BY Herschel Smith
3 months, 1 week ago

Ammoland.

The special session begins on April 29th.  It could have been sooner and I pressed the governor to push on the legislature more, but this just may be a good tactic.  They are now in “special session” to address certain things.  It may avoid the ridiculous committee blocking of bills that tends to derail pro-gun laws in Florida.

Better late than never.

Gun group papers Chuck Brannan’s district demanding hearing for open carry bill

BY Herschel Smith
4 months, 2 weeks ago

Florida Politics.

The fliers were funded by the National Association for Gun Rights, which takes a “no-compromise stance when defending our right to keep and bear arms.”

Brannan, a Macclenny Republican, chairs the Criminal Justice & Public Safety Subcommittee. The flier includes a call to action to contact Brannan’s office and demand he slate a “constitutional carry” bill for consideration. Specifically, it seeks an agenda spot for legislation (HB 103) carried by Rep. Anthony Sabatini, a Howey-in-the-Hills Republican.

Sabatini, a lawmaker who regularly feuds with GOP leadership, tweeted the legislation was being blocked by RINO lawmakers …

“RINO Cowards like Chris Sprowls are once again BLOCKING Constitutional Carry!” he tweeted. “When will people wake up and vote these TRASH establishment ‘Republicans’ out?!”

Some members have pointed out there is no Senate companion legislation to Sabatini’s bill, which means the bill could not be passed by the full Legislature anyway.

Still, the gun rights organization would like the legislation considered by at least one chamber this year. If passed, the bill would eliminate any requirements for concealed carry permits in order for Floridians to carry firearms in public.

Until the bad actors are eliminated through primaries, this will continue to happen.  We pushed hard enough in South Carolina and made it such centerpiece legislation (even though I don’t live in S.C.) that they took open carry out of the judiciary committee and put it straight on the floor because the committee was blocking it.

Granted, it takes the majority of the senate to do that, but it can be done.

I really want open carry and constitutional carry for Florida.  I remain disappointed that the governor has not brought this up as an important piece of legislation and thrown his weight behind it.  Another reason, of course, that this is stalling is because LEOs are opposed to it.  Of course.

So far my reaction to DeSantis is … meh.

Does Constitutional Carry Stand A Chance In Florida?

BY Herschel Smith
9 months ago

News from Florida.

Some top Florida Republican lawmakers have now said they would support constitutional carry legislation in the upcoming session.

The policy would allow all legal gun owners to carry firearms without a concealed weapons license.

The constitutional carry legislation was filed by the Legislature’s most outspoken conservative member, Rep. Anthony Sabatini.

“Our very liberal Republican Speaker Chris Sprowls has gotten tens of thousands of emails from gun groups,” said Sabatini.

The policy is split into two bills.

The first would allow gun owners to carry concealed weapons without a license.

“You don’t have to go ask the government for permission,” said Sabatini.

The second would allow for open carry.

“You shouldn’t have the duty to hide your firearm if you’ve done nothing wrong,” said Sabatini.

Eskamani said she’s doubtful Sabatini’s bills will get a hearing, due to his strained relationship with the House speaker.

“Sabatini does not have a lot of leverage within the chamber,” said Eskamani.

But recently, top brass in the Senate indicated they would support constitutional carry legislation, including Senate Majority Leader Debbie Mayfield.

“I support constitutional carry. That is one of the things that we will probably be looking at this session because it is important,” said Mayfield in a legislative delegation meeting last week.

Florida GOP Chair and State Sen. Joe Gruters said he might support constitutional carry, but doesn’t want to see assault weapons openly carried on beaches.

“Because I think that would adversely impact Florida’s tourism economy,” said Gruters.

While there seems to be some support for constitutional carry legislation in the Senate, a bill hasn’t yet been filed in the chamber.

I predict it won’t go anywhere this session.  Florida has a horrible history on gun control.  But it will eventually pass in coming sessions with enough effort.

You know what would help the case?  If Governor Ron DeSantis went on record for his support for the measure, and even demanded a bill be brought to his desk for approval before any other bill would be considered by the governor.

I also predict he won’t do that.

Florida state representative proposing open carry and doing away with certain permits for gun owners

BY Herschel Smith
9 months, 2 weeks ago

News from Florida.

Republican Representative Anthony Sabatini, of District 32, is proposing to do away with some restrictions when carrying a gun in public.

The bill could also allow for open carry in the state. This is the third time Sabatini has proposed the bill. It’s been struck previously by both Republicans and Democrats.

This is a copy of the proposed legislation: House bill 103.

If passed, gun owners would not need to get a permit to carry a gun in public places. They could also carry their gun freely without concealing it.

“If they’re a law abiding citizen and this bill is passed, they can carry a firearm without having to ask for government permission,” Rep. Sabatini said. “The second part of the bill is open carry. So, you’re allowed to carry a firearm on your person, even if it’s not concealed. You can carry it on your waistband for example.”

[ … ]

“We’re not saying you can’t have a gun,” Foy said. “At least have some structure with it–where you have to get a license, you have to get a permit.”

Action News Jax reporter Meghan Moriarty also reached out to the Republican Committee Chairman Representative Cory Byrd for a statement. He previously killed Sabatini’s bill in the 2021 session. He did not return Moriarty’s call.

It’s a modest first step.  It sounds like permitted open carry, which is a halfway house.

But this has been proposed and shot down for years in Florida.

I hear all about Ron DeSantis and how he would make such a great candidate for president.

Well, let’s see his mettle.  Let’s see him threaten to veto every other bill until this one comes to his desk.  Let’s see how much he really supports the RKBA.

There Is No Open Carry In Florida, I’m Going To Take Your Weapons

BY Herschel Smith
2 years, 9 months ago

It sure seems like one day Florida LEOs would get the news.  Who trains these guys anyway?

More On Open Carry In Miami Beach

BY Herschel Smith
4 years ago

Following up this post, this video documents the legal response to the Miami Beach Police Department thus far.  The LEO point that they are allowed to point weapons at armed men even if armed legally (for the purpose of officer safety) is idiotic beyond belief.

If that’s true, they should go around pointing weapons at everyone since anyone could be concealing a firearm.  At any rate, this point of logic will be lost on LEOs since .. well, just because.

Miami Beach Police Draw Down On, Detain, Disarm, And Throw Around Lawful Open Carriers

BY Herschel Smith
4 years ago

The Gun Writer:

While traditional open carry is generally banned, Florida law allows the open carry of handguns while hunting or fishing.

To be clear, you can wear an exposed handgun in a holster if you’re fishing — period. It’s completely legal.

There are a few other exceptions.

This fishing exception was apparently unknown by Miami Beach police officers Sunday morning.

The results were almost tragic.

Thank God no one was killed or seriously injured.

Details are still emerging, but here’s what we know for sure:

A group of fishermen — who were lawfully open-carrying handguns — was fishing off of the South Pointe Pier in Miami Beach Sunday morning at around 10:40, when they were confronted by Miami Beach police officers.

At some point during the confrontation, a Miami Beach police officer pointed his gun at the group. At least one man was unlawfully detained and his weapon was confiscated.

Police injured one man’s shoulder when they took him to the ground. He was later transported to a hospital.

So now do you want to hear how the MSM reported this event?  Hold on to your breeches boys.

Six armed people who were fishing Sunday morning at the South Pointe Pier in Miami Beach were detained by police and then released.

The anglers, whose guns were openly displayed on their hips, cited a state law that allows people to carry a firearm while fishing, hunting, camping or attending a gun show, said Miami Beach Police spokesman Ernesto Rodriguez.

Park rangers spotted the group about 10 a.m. Sunday and summoned police. The anglers were questioned by police but allowed to stay after mentioning the state law, Rodriguez said.

“Out of an abundance of caution we have assigned two officers to the pier while they remain,” he said. “We are encouraging visitors to use other portions of South Pointe Park.”

It all sounds so peaceful and well-intentioned, yes?  So here is a question for you.  Abundance of what caution?  Exactly what did the police think they were protecting?

Let’s pose a question. “Why officer, you don’t want us to see a weapon on the carriers, but carrying concealed is acceptable, then exactly what are you doing by recommending we stay away from these men?  They could be carrying anyway and it be legal, it’s just that we wouldn’t know about it?”

They would only have one answer.  “We don’t want you to see peaceable men openly carrying weapons because you may figure out that there is no difference between open and concealed carry except that you don’t know it if someone has concealed their weapons.  Then you may demand that these men be allowed to do that everywhere, or at least not oppose open carry, and we can’t have the peasants with the same rights we have, can we?”

But the MSM reporter doesn’t go there, because like all MSM reporters, she got her talking points from the cops.  The MSM is an organ of the state.  It always has been, it always will be.

One final thing.  Let’s stipulate that the cops were poorly bred, uneducated imbeciles for a moment (that’s usually a good approximation for cops).  The first thing out of my mouth if I had responded to this event as a cop would have been this.  “Hey boys, how’s the fishing?  Catching anything today?  Let’s talk about what you’re doing here, sirs.”

Unholstering a weapon and pointing it at someone who is peaceable and innocent is the most idiotic, irresponsible, dangerous and thoughtless thing a person can do.  The cops truly are morons of the highest order.


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