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Currently, licensed gun dealers are required to run a background check on buyers and wait three days before completing a sale.

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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

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Originally posted by ArtieS:
the County has the apparent authority under the Florida Constitution to do this

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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.

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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.

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Originally posted by FiveFiveSixFan:

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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?

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Originally posted by FiveFiveSixFan:

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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?

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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

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Originally posted by smithnsig:

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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.

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Originally posted by ArtieS:
To paraphrase, "Ms. Jacobs has made her law; now let's see her enforce it."

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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.

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Fuck those people. I hate my own government.