Fl. gubernatorial candidate pledges to ban AR-15s through Executive Order

[Rockrivr1]

Would seem that a Florida Democrate gubernatorial candidate has pledged to ban all AR-15 type weapons in the state through Executive Order as her first act as Governor if elected. I'm thinking we'll see a lot more of this rhetoric as the mid term election cycle starts.

It was a debate that (once again) had Florida’s four leading Democratic gubernatorial candidates spending much of their time trying to define personas and opponents.

But on Saturday night in St. Petersburg, former U.S. Rep. Gwen Graham broke through with a bold pledge — to ban assault weapons by executive order.

“My commitment to you is action, not words. I have found a public safety statute [Graham’s staff later identified it as Florida Statute 14.022, which allows the Governor to take emergency action to quell violence] that allows the Governor, whoever she may be, to sign an executive order for public safety reasons banning the sale of military assault weapons,” Graham said during the debate hosted by Spectrum and its Bay News 9 cable channel in Tampa Bay and News 13 channel in Orlando.

Oh boy......

During debate, Gwen Graham pledges to ban assault weapons by executive order

 

[Fixxah]

Gonna end well.

 

[robjax]

dictators gonna dictate...

 

[ToddDubya]

Graham’s staff later identified it as Florida Statute 14.022, which allows the Governor to take emergency action to quell violence

I'm so sick of this "We need to take emergency action" bullshit. The governor can take emergency action to stop riots, not violence in general. Otherwise any time someone gets punched in a playground the governor could do whatever he/she damn well pleases.

I'm also surprised her last name isn't hyphenated.

 

[JohnZ]

I'm so sick of this "We need to take emergency action" bullshit. The governor can take emergency action to stop riots, not violence in general. Otherwise any time someone gets punched in a playground the governor could do whatever he/she damn well pleases.

I'm also surprised her last name isn't hyphenated.

It probably was before the gender change.

 

[Prepper]

They are learning from MA that things like laws and the court system can just be bypassed... Throw whatever you can against the wall and see what sticks. If no one stops you, you won.

 

[Dennis in MA]

Gonna end well.

Not for him.

This is like when the pollsters got the . . . . . Truman (??? Wasn't there one in the 20's? Gallup got hammered or something.) election wrong. They asked the wrong people. Judging what the masses want is clearly not prognosticated by watching what the asses (MSM, Hollywood, etc.,) are saying. Trump showed that. Coddling SIG's that are small and loud and meaningless is a recipe for disaster. People want peace, jobs and lower taxes.

 

[StevieP]

They're tripping over each other to see who can infringe on citizens' civil rights the most.

 

[ScottS]

As for Graham, she found moments to remind everyone she is the daughter of former Gov. Bob Graham, a mom, the only woman in the contest, and someone who can appeal to moderate voters.

Yes, this is the position of a moderate. A moderate dictator.

 

[sieveboy]

... Florida Statute 14.022, which allows the Governor to take emergency action to quell violence...

 

[Lokdog]

That's really screwed up of Florida if that's true, putting all the power in one lunatic's hands. What happened to checks and balances? I thought exec. orders only affected state employees? It didn't extend to civilians? Decisions like that should have to go through the house and Senate not one person

 

[ScottS]

That's really screwed up of Florida if that's true, putting all the power in one lunatic's hands. What happened to checks and balances? I thought exec. orders only affected state employees? It didn't extend to civilians? Decisions like that should have to go through the house and Senate not one person

I’m pretty sure the statute is designed to deal with a widespread violent event, like rioting, or widespead looting in the aftermath of a hurricane. Statutes like this ancmmon, and they’re envisioned to be limited in scope and duration. They're not designed to allow the Governor to circumvent the legislature and create new law.

The fact this woman even brings this up show how little she know about government.

 

[LoginName]

That's really screwed up of Florida if that's true, putting all the power in one lunatic's hands. What happened to checks and balances? I thought exec. orders only affected state employees? It didn't extend to civilians? Decisions like that should have to go through the house and Senate not one person

Some anti-gun group is already in the process of gathering signatures to include an AWB as a ballot question
in 2020, so there's that option too. Fortunately, it's not an easy process.


Anti-gun group wants Florida assault weapons ban on 2020 ballot

 

[Lokdog]

Ballot initiatives can really screw them too if there's enough anti-gun liberals in the cities to gather the votes. That seems like the anti's new way of going about it

 

[Dr_Scholl]

That would get slapped down in the first 5 minutes of a court challenge..

 

[WanMan99]

Glad to see she outed herself nice and early enough for the voters to shut her a$$ down....

 

[ISOTOX]

Is she related to Dimples? Either way im thinking rug muncher.

 

[amm5061]

Time for some good old fashioned torches, pitchforks, and rope. You wanna be a dictator, you can meet the same fate as most of the rest: a short drop and sudden stop.

 

[firestorm]

That would get slapped down in the first 5 minutes of a court challenge..

Maybe, maybe not. But before you get to that court challenge you face several years of back and forth about things like standing, which court should be hearing the case, motions on both sides for all sorts of things, etc. During this time they have won, no new rifles are being sold, and perhaps people are being forced to give up things they already own to avoid jail time that they will have to fight alone, with their own lawyers.

Even if the law goes away in the end, the damage is mostly done and they will just crow about how "Activist judges are making our streets less safe". They get the media playing for them, plus the lives they managed to ruin over something that was and should be legal.

 

[Glockster30]

View attachment 236872 Is she related to Dimples? Either way im thinking rug muncher.

You never know these days, but she did feel compelled to let the voters know that she is the only women running for governor. Are the voters that stupid that they need to be reminded?

As for Graham, she found moments to remind everyone she is the daughter of former Gov. Bob Graham, a mom, the only woman in the contest, and someone who can appeal to moderate voters.

 

[GM-GUY]

She let them know she IDENTIFIES as a woman - we can't let people assume pronouns

I say bring it on, things will sort themselves out pretty damn quick - enough of this playing around the edges, we know what they want, GO FOR IT.

 

[ScottS]

Maybe, maybe not. But before you get to that court challenge you face several years of back and forth about things like standing, which court should be hearing the case, motions on both sides for all sorts of things, etc. During this time they have won, no new rifles are being sold, and perhaps people are being forced to give up things they already own to avoid jail time that they will have to fight alone, with their own lawyers.

Even if the law goes away in the end, the damage is mostly done and they will just crow about how "Activist judges are making our streets less safe". They get the media playing for them, plus the lives they managed to ruin over something that was and should be legal.

I’m pretty sure you’re wrong about the “it will take years” thing. . See the Deerfield, IL example. An injunction was granted before the law took effect, and that was a less egregious example than this.

 

[Boris]

dictators gonna dictate...

and we really need to step up ridiculing these dumb idiots for what they are: thieves, liars, tyrants and then they need to be shipped to Venezuela on a helicopter.

We accept these turds running for office in the name of divershitty and respect for different opinions. However, it's not a different opinion, this POS need never hold public office ever again, every single one of her supporters need to be ridiculed as a dumb idiot who can't f***ing read.

 

[robjax]

and we really need to step up ridiculing these dumb idiots for what they are: thieves, liars, tyrants and then they need to be shipped to Venezuela on a helicopter.

We accept these turds running for office in the name of divershitty and respect for different opinions. However, it's not a different opinion, this POS need never hold public office ever again, every single one of her supporters need to be ridiculed as a dumb idiot who can't f***ing read.

Depending on how the law was written, regardless of its original intent, her interpretation could be correct. As such, a totally shitty law that gives the government too much power. This is what happens when laws are obscure and not specifically defined. Then we end up in courts to see if the actions are constitutional and left leaning judges make those decisions. So a very dangerous precedent and a stupid and obscure law potentially takes another bite out of freedom. Even if she loses if a gem gets in they still have that tool in their belt.

It's the same in Mass with that 93A our whatever it was that gave the AG expanded powers. Nobody put limits on it and we as gun owners have been under attack ever since. That's what happened with Healy and Tolman. Tolman saw a flaw in the interpretation and probably spilled that to Healey when she won. He ran as saying he was taking the assault weapons. She never mentioned it. They work as a tag team of oppression and tyranny so Fla. may still be screwed if a democrat wins.

 

[firestorm]

I’m pretty sure you’re wrong about the “it will take years” thing. . See the Deerfield, IL example. An injunction was granted before the law took effect, and that was a less egregious example than this.

That was a violation of a clear preemption law, it was never going to fly. This is not, it is a use of overbroad authority that was gifted for another purpose. If the law is vague enough, it will be like fighting our AWB "Expansion". with no clear end in sight.

 

[ToddDubya]

Typical State of Emergency language.

TL/DR: The governor can call out the state militia, direct the sherriffs/LEOs to respond to violent activities such as riots and maintain peace. It's intended to be temporary. If it wasn't, some guvnahs would have standing armies.

14.022 Governor; emergency powers to quell violence.—
(1) The Governor of Florida is hereby authorized and empowered to take such measures and to do all and every act and thing which she or he may deem necessary in order to prevent overt threats of violence or violence, to the person or property of citizens of the state and to maintain peace, tranquillity, and good order in the state, and in any political subdivision thereof, and in any area of the state designated by the Governor.
(2) The Governor when, in her or his opinion, the facts warrant, shall, by proclamation, declare that, because of unlawful assemblage, violence, overt threats of violence, or otherwise, a danger exists to the person or property of any citizen or citizens of the state and that the peace and tranquillity of the state, or any political subdivision thereof, or any area of the state designated by the Governor, is threatened, and because thereof an emergency, with reference to said threats and danger, exists. In all such cases when the Governor shall issue a proclamation as herein provided she or he shall be and is hereby further authorized and empowered, to cope with said threats and danger, to order and direct any individual person, corporation, association, or group of persons to do any act which would in the Governor’s opinion prevent danger to life, limb, or property, prevent a breach of the peace or the Governor may order such individual person, corporation, association, or group of persons to refrain from doing any act or thing which would, in the Governor’s opinion, endanger life, limb, or property, or cause, or tend to cause, a breach of the peace, or endanger the peace and good order of society, and shall have full power by appropriate means to enforce such order or proclamation.
(3) The Governor, upon the issuance of a proclamation as provided for in subsection (2), is hereby authorized and empowered to take and exercise any, either, or all of the following actions, powers, and prerogatives:
(a) Call out the military forces of the state (state militia) and order and direct said forces to take such action as in the Governor’s judgment may be necessary to avert the threatened danger and to maintain peace and good order in the particular circumstances.
(b) Order any sheriff or sheriffs of this state, pursuant to a proclamation as herein provided, to exercise fully the powers granted them, and each of them, under s. 30.15(1)(f) (suppress tumults, riots, and unlawful assemblies in their counties with force and strong hand when necessary) and to do all things necessary to maintain peace and good order.
(c) Order and direct the State Highway Patrol, and each and every officer thereof, to do and perform such acts and services as the Governor may direct and in the Governor’s judgment are necessary in the circumstances to maintain peace and good order.
(d) Authorize, order or direct any state, county, or city official to enforce the provisions of such proclamation in each and every and all of the courts in the state by injunction, mandamus, or other appropriate legal action.
(4) The Governor is hereby authorized and empowered to intervene in any situation where there exists violence, overt threats of violence to persons or property and take complete control thereof to prevent violence, or to quell violence or any disturbance or disorder which threatens the peace and good order of society.
(5) The powers herein granted are supplemental to and in aid of powers now vested in the Governor under the constitution, statutory laws and police powers of said state.
(6) The provisions of this section shall continue in full force and effect until otherwise amended.
History.—ss. 1-6, ch. 31390, 1956; s. 2, ch. 61-239; s. 2, ch. 65-95; ss. 10, 35, ch. 69-106; s. 18, ch. 78-95; s. 2, ch. 91-95; s. 34, ch. 95-147.

Chapter 14 Section 022 - 2018 Florida Statutes

 

[ScottS]

That was a violation of a clear preemption law, it was never going to fly. This is not, it is a use of overbroad authority that was gifted for another purpose. If the law is vague enough, it will be like fighting our AWB "Expansion". with no clear end in sight.

I'm not sure if you've read the actual underlying statute, but it's not really overbroad; it's quite specific as to the conditions, as well as the actions permitted. I'm not sure this would fly any longer than the Deerfield ordinance.

BTW, she has to win, first, of course.

 

[firestorm]

I'm not sure if you've read the actual underlying statute, but it's not really overbroad; it's quite specific as to the conditions, as well as the actions permitted. I'm not sure this would fly any longer than the Deerfield ordinance.

BTW, she has to win, first, of course.

Yeah, best hope is she just loses. After that you may be right, sometimes to courts work the way they are supposed to. I haven't read it, but she also did not specify what she was planning to use as a basis for the nonsense, so it could be something else entirely we are all just guessing at this point.

ETA: I read the above, and there are two sections that could easily be twisted to do what she wants, with no time limit. Just because a law is supposed to only be for "Temporary" situations, does not mean that it will be that way if the law doesn't require it.

14.022 Governor; emergency powers to quell violence.—
(1) The Governor of Florida is hereby authorized and empowered to take such measures and to do all and every act and thing which she or he may deem necessary in order to prevent overt threats of violence or violence, to the person or property of citizens of the state and to maintain peace, tranquillity, and good order in the state, and in any political subdivision thereof, and in any area of the state designated by the Governor.


(4) The Governor is hereby authorized and empowered to intervene in any situation where there exists violence, overt threats of violence to persons or property and take complete control thereof to prevent violence, or to quell violence or any disturbance or disorder which threatens the peace and good order of society.

 

[Al458]

I hope she does win, I hope she does ban "assault weapons", I hope it is challenged and eventually winds up in the fed 11th circuit and they rule (correctly) that banning ar 15's is unconstitutional, and then finally have a circuit split with the 1st,4th,7th and 9th circuit, in turn forcing the supreme court to take a bs awb case and settling this crap. But then again theres no reason to believe the 11th circuit would rule any differently than the other circuits or that the supreme court would take it up even at that point to which then we are all screwed, but I can dream damnit.

 

[firestorm]

I hope she does win, I hope she does ban "assault weapons", I hope it is challenged and eventually winds up in the fed 11th circuit and they rule (correctly) that banning ar 15's is unconstitutional, and then finally have a circuit split with the 1st,4th,7th and 9th circuit, in turn forcing the supreme court to take a bs awb case and settling this crap. But then again theres no reason to believe the 11th circuit would rule any differently than the other circuits or that the supreme court would take it up even at that point to which then we are all screwed, but I can dream damnit.

As bad an idea as it is, that is likely the only way we will get a SCOTUS decision on AWBs. A federal court not packed with lefty activists needs to cover an AWB case. It's rare, since those states don't have those issues typically, but it would be a great step towards getting rid of them if some federal circuit decided they were unconstitutional.