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Orange County Government is yes, 'Retarded' Login/Join 
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Picture of bigdeal
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Florida preemption law is clear that local municipalities can not enact firearms laws. That responsibility rests solely with the state. Per the preemption statute, politicians face potential $5k fines and removal from office should they opt to ignore this statute. Well, not wanting to miss an opportunity for a little attention, in steps the morons on the Orange County Commission who just passed a local ordinance requiring 'all' sales of firearms to undergo three day waiting periods and background checks (Florida does not require private FTF deals to undergo background checks or waiting periods). And of course the County's legal counsel claims they are 'not' in violation of state law by passing this ordinance. At this point I'm thinking retarded doesn't even begin to cover their self initiated moronic behavior. I hope every one of these asswhipes is fined and booted from office.

Oh, and my just turned 21 year old nephew who's been saving for months to buy one of my semi-auto's he really likes, called tonight to tell me he wants to pick up that gun next weekend. If that transaction does indeed occur next weekend, the morons on the Orange County Commission may rest assured it will occur without a background check and without any waiting period. They may also feel free to kiss my lily white ass.

https://www.wftv.com/news/loca...e-loophole/746153336


-----------------------------
Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
 
Posts: 33845 | Location: Orlando, FL | Registered: April 30, 2006Reply With QuoteReport This Post
Ignored facts
still exist
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physician heal thyself


----------------------
Let's Go Brandon!
 
Posts: 10860 | Location: 45 miles from the Pacific Ocean | Registered: February 28, 2003Reply With QuoteReport This Post
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I think that's going full retard.


I'm a deplorable.
 
Posts: 671 | Location: Fargo ND | Registered: January 09, 2011Reply With QuoteReport This Post
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Re the linked article, dumb-ass "reporters" can't even get their facts straight.
quote:
Currently, licensed gun dealers are required to run a background check on buyers and wait three days before completing a sale.
Per Florida law, there is NO waiting period if the buyer holds a valid Florida carry permit. Not three days, not three hours. NO waiting period. None.



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Posts: 30545 | Location: Central Florida, Orlando area | Registered: January 03, 2010Reply With QuoteReport This Post
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My email to Commissioner Betsy Vanderley; the only Commissioner who even questioned this abortion:

quote:
Dear Commissioner Vanderley:

It's depressing that the County Commission takes such apparent joy in eroding the fundamental rights of citizens. The recent Firearm Ordinance passed unanimously by the Commission may make some feel good, but it will have no practical effect on public safety, while hassling and disadvantaging the law abiding citizen.

This Ordinance would not have effected either the Pulse Nightclub or Marjory Stoneman Douglas shootings; both were the direct result of serial failures of the FBI, local law enforcement, and mental health services.

There is no "gun show loophole" and to pretend that one exists is fundamentally dishonest. Gun owners are already subject to laws that prevent them from selling to prohibited persons, and to violate these laws results in serious consequences. If I do so, punish me, don't put additional regulations in my way with respect to legal transfers. I see nothing in the Ordinance that indicates that the County will provide a cost free way for citizens to access the NCIS database to conduct checks on private sales. Based solely on that, I suspect that this part of the Ordinance will be honored more in the breach, than in the observance.

Bringing increased costs, hassle and record keeping to the law abiding citizen without discernible public policy advantage, while failing utterly to address firearms owned and transferred illegally under current laws will have no effect on violence in Orange County.

This Ordinance treats the Second Amendment to the US Constitution and Article I, Section 8 of the Florida Constitution as second class laws, and firearm owners or Orange County as second class citizens.

That the County has the apparent authority under the Florida Constitution to do this does not mean that it should do so. This Ordinance places the burdens of the serial failures of the federal, state, and county governments, as well as the failures of federal and local law enforcement on the law abiding citizens of Orange County. The practical effect is to allow the emotional and uninformed to feel better about themselves, while the informed, law abiding gun owner seethes.

I recognize, and give you credit for being the only voice on the Commission that expressed concerns about this Ordinance. I understand, looking at the map of District 1, why you voted as you did. But if you want to understand why so many citizens despise and distrust government, occasions like this should stand as Exhibit A. I supported Theresa Jacobs for both County Commission and Mayor. I will never cast another vote for her as long as I live.

You may, of course feel free to convey my sentiments to your fellow commissioners and the Mayor, and I am available to speak with you directly at your convenience.

Sincerely,

ArtieS
West Avalon Rural Settlement



"I vowed to myself to fight against evil more completely and more wholeheartedly than I ever did before. . . . That’s the only way to pay back part of that vast debt, to live up to and try to fulfill that tremendous obligation."

Alfred Hornik, Sunday, December 2, 1945 to his family, on his continuing duty to others for surviving WW II.
 
Posts: 12745 | Location: Central Florida | Registered: November 02, 2008Reply With QuoteReport This Post
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quote:
Originally posted by ArtieS:
the County has the apparent authority under the Florida Constitution to do this
Is this a correct statement? I thought that Florida law specifies that no local government may create firearm laws that are more restrictive than state laws. Do I misunderstand?



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Posts: 30545 | Location: Central Florida, Orlando area | Registered: January 03, 2010Reply With QuoteReport This Post
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Article 8, Section 5 contains the following exemption from the pre-emption language:

quote:
SECTION 5. Local option.—

(b) Each county shall have the authority to require a criminal history records check and a 3 to 5-day waiting period, excluding weekends and legal holidays, in connection with the sale of any firearm occurring within such county. For purposes of this subsection, the term “sale” means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access. Holders of a concealed weapons permit as prescribed by general law shall not be subject to the provisions of this subsection when purchasing a firearm.


I read this as allowing the counties flexibility with respect to the two things that OC did; waiting period and background check.



"I vowed to myself to fight against evil more completely and more wholeheartedly than I ever did before. . . . That’s the only way to pay back part of that vast debt, to live up to and try to fulfill that tremendous obligation."

Alfred Hornik, Sunday, December 2, 1945 to his family, on his continuing duty to others for surviving WW II.
 
Posts: 12745 | Location: Central Florida | Registered: November 02, 2008Reply With QuoteReport This Post
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quote:
For purposes of this subsection, the term “sale” means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access.


ArtieS, assuming the county has the right to impose the requirement of background checks and waiting periods, would the wording quoted above regarding the term "sale" not exempt the OP from those requirements if he were to sell his nephew a firearm in his own home given that the transaction would be on private property to which the public has no right of access?
 
Posts: 7301 | Registered: January 10, 2009Reply With QuoteReport This Post
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quote:
Originally posted by FiveFiveSixFan:
quote:
For purposes of this subsection, the term “sale” means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access.
ArtieS, assuming the county has the right to impose the requirement of background checks and waiting periods, would the wording quoted above regarding the term "sale" not exempt the OP from those requirements if he were to sell his nephew a firearm in his own home given that the transaction would be on private property to which the public has no right of access?
I am neither Artie nor a lawyer, but there are specific words re public right of access, so it appears that the new Orange County restrictions would not apply in the privacy of your own home.

It looks to me as if the major impact of this would be to the unlicensed (FFL license) individuals who rent a table at a gun show. This would put them on the same basis as a licensed dealer, with respect to background checks and waiting periods. Level the playing field, as it were. Now everybody who buys or sells in a public place in Orange County is infringed upon equally, in what I see as non-compliance with the Second Amendment.



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Posts: 30545 | Location: Central Florida, Orlando area | Registered: January 03, 2010Reply With QuoteReport This Post
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quote:
Originally posted by FiveFiveSixFan:
quote:
For purposes of this subsection, the term “sale” means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access.


ArtieS, assuming the county has the right to impose the requirement of background checks and waiting periods, would the wording quoted above regarding the term "sale" not exempt the OP from those requirements if he were to sell his nephew a firearm in his own home given that the transaction would be on private property to which the public has no right of access?
It really doesn't matter as I will do as I please from this point forward. Its become quite obvious that when politicians don't like or agree with certain laws, they simply ignore them or find ways to bastardize them. These assholes on the Orange County Commission could have banded together with other political assholes statewide and taken their case to the capital to try and change current state law to include their whims and delusions. They didn't do that because they knew the legislature, having already walked on very thin ice by changing the age to purchase a firearm to 21, wasn't going anywhere near this issue again. So instead, we have loophole fishing by this scum.

The criminals and politicians (basically synonymous at this point) don't have to follow laws they don't like, so why should we.


-----------------------------
Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
 
Posts: 33845 | Location: Orlando, FL | Registered: April 30, 2006Reply With QuoteReport This Post
We gonna get some
oojima in this house!
Picture of smithnsig
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quote:
Originally posted by bigdeal:
Florida preemption law is clear that local municipalities can not enact firearms laws. That responsibility rests solely with the state. Per the preemption statute, politicians face potential $5k fines and removal from office should they opt to ignore this statute. Well, not wanting to miss an opportunity for a little attention, in steps the morons on the Orange County Commission who just passed a local ordinance requiring 'all' sales of firearms to undergo three day waiting periods and background checks (Florida does not require private FTF deals to undergo background checks or waiting periods). And of course the County's legal counsel claims they are 'not' in violation of state law by passing this ordinance. At this point I'm thinking retarded doesn't even begin to cover their self initiated moronic behavior. I hope every one of these asswhipes is fined and booted from office.

Oh, and my just turned 21 year old nephew who's been saving for months to buy one of my semi-auto's he really likes, called tonight to tell me he wants to pick up that gun next weekend. If that transaction does indeed occur next weekend, the morons on the Orange County Commission may rest assured it will occur without a background check and without any waiting period. They may also feel free to kiss my lily white ass.

https://www.wftv.com/news/loca...e-loophole/746153336


Just do FTF in the next county, then brag about at next council meeting.


-----------------------------------------------------------
TCB all the time...
 
Posts: 6501 | Location: Cantonment/Perdido Key, Florida | Registered: September 28, 2009Reply With QuoteReport This Post
Slayer of Agapanthus


posted Hide Post
quote:
Originally posted by smithnsig:
quote:
Originally posted by bigdeal:
Florida preemption law is clear that local municipalities can not enact firearms laws. That responsibility rests solely with the state. Per the preemption statute, politicians face potential $5k fines and removal from office should they opt to ignore this statute. Well, not wanting to miss an opportunity for a little attention, in steps the morons on the Orange County Commission who just passed a local ordinance requiring 'all' sales of firearms to undergo three day waiting periods and background checks (Florida does not require private FTF deals to undergo background checks or waiting periods). And of course the County's legal counsel claims they are 'not' in violation of state law by passing this ordinance. At this point I'm thinking retarded doesn't even begin to cover their self initiated moronic behavior. I hope every one of these asswhipes is fined and booted from office.

Oh, and my just turned 21 year old nephew who's been saving for months to buy one of my semi-auto's he really likes, called tonight to tell me he wants to pick up that gun next weekend. If that transaction does indeed occur next weekend, the morons on the Orange County Commission may rest assured it will occur without a background check and without any waiting period. They may also feel free to kiss my lily white ass.

https://www.wftv.com/news/loca...e-loophole/746153336


Just do FTF in the next county, then brag about at next council meeting.


I was thinking about that also, just drive a bit and 'presto'.


"It is only with the heart that one can see rightly; what is essential is invisible to the eye". The Little Prince, Antoine de Saint-Exupery, pilot and author, lost on mission, July 1944, Med Theatre.
 
Posts: 5952 | Location: Central Texas | Registered: September 14, 2003Reply With QuoteReport This Post
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Private residential property is exempt. Privately owned but open to the public for business is not.

To paraphrase, "Ms. Jacobs has made her law; now let's see her enforce it."

I have no doubt that Jerry Demmings would love to enforce this on the law abiding citizens of Orange County, but I think that the citizenry will largely ignore this.

Note also that the intention of the Commission is for the backgroud check to apply even to concealed carriers doing a private sale on public land. This is how they intend to stop me from selling you a gun in the parking lot at a gunshow.

Fuck those people. I hate my own government.



"I vowed to myself to fight against evil more completely and more wholeheartedly than I ever did before. . . . That’s the only way to pay back part of that vast debt, to live up to and try to fulfill that tremendous obligation."

Alfred Hornik, Sunday, December 2, 1945 to his family, on his continuing duty to others for surviving WW II.
 
Posts: 12745 | Location: Central Florida | Registered: November 02, 2008Reply With QuoteReport This Post
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quote:
Originally posted by ArtieS:
To paraphrase, "Ms. Jacobs has made her law; now let's see her enforce it."
If you noticed from the article/video, Ms. Jacobs is term limited out as OC mayor this year, so she's leaving this abortion to someone else to figure out.
quote:
I have no doubt that Jerry Demmings would love to enforce this on the law abiding citizens of Orange County, but I think that the citizenry will largely ignore this.
Yep, I think the good folks in Pine Hills, for one, will completely ignore this as they keep stealing, beating, and killing each other.

But do this. Ask your friends and family if they're even aware of this ordinance. So far I've only found one person I've asked that had any idea at all that it existed, and when queried, he really had no clue what it meant. So yes, people will ignore this ordinance because for the most part, they have no clue it even exists.
quote:
Fuck those people. I hate my own government.
Couldn't have put it better myself.


-----------------------------
Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
 
Posts: 33845 | Location: Orlando, FL | Registered: April 30, 2006Reply With QuoteReport This Post
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Posts: 2997 | Location: FL | Registered: March 08, 2007Reply With QuoteReport This Post
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