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Pinellas County Gun Stuff |
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Gregory Morris, 12/20/08 3:48:26 pm |
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Ok, we just got back from the gun store... (look for the mandatory gun pr0n post shortly.)
The impetus behind this post is the news we got at the gun shop. As many of my readers know, Florida has a mandatory 3-day waiting period for handgun purchases.
There are, of course, a few exemptions. The most important one is that FL CWP holders are not required to wait 3 days. However, state law also exempts people who are trading in other handguns. Even if you agree that a waiting period is a good thing, you have to admit there is logic behind that particular exemption. If you already have a gun, waiting 3 days isn't going to accomplish anything.
Florida state law also preempts local laws, but allows counties to enact waiting periods of up to 5 days for any gun.
Now, the news from the gun shop (well, they say they heard about it a year ago, but it is news to me) is that Pinellas County's waiting period ordinance overrides the trade-in exemption.
The legality of overriding that exemption is on extremely shaky legal grounds, in my non-lawyerly opinion. However, the guy at the gun shop says that the ruling on the county ordinance came down from the state's AG office, so of course they follow it.
This law doesn't affect Beth or myself, obviously, because we both have CWPs. But the fact remains that it is bad precedent to allow counties to overreach their legitimate power in this way.
For someone like myself who is just dying to fight anti-gun laws, but who lives in a generally pro-gun state... this is blood in the water. I have a lot more research to do, so expect more on this subject in the coming weeks. |
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