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Proposed "assault weapon ban" amendment for Florida

Rich Z

Rich Z

Internet Sanitation Engineer
Staff member
Apparently some boneheads are trying to get a constitution amendment on the ballot in 2020 for Florida to ban "assault" weapons.

Source: http://floridapolitics.com/archives/281964-assault-weapons-ban-initiative

Among the other problems with such a move, apparently they are completely unaware of the supremacy of the federal Constitution of the USA in matters of this nature.

The Supremacy Clause of the United States Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land.[1] It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law.[2] In essence, it is a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with federal law. In this respect, the Supremacy Clause follows the lead of Article XIII of the Articles of Confederation, which provided that "Every State shall abide by the determination of the United States in Congress Assembled, on all questions which by this confederation are submitted to them."[3] A constitutional provision announcing the supremacy of federal law, the Supremacy Clause assumes the underlying priority of federal authority, at least when that authority is expressed in the Constitution itself.[4] No matter what the federal government or the states might wish to do, they have to stay within the boundaries of the Constitution. This makes the Supremacy Clause the cornerstone of the whole American political structure.[5][6]
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Source: https://en.wikipedia.org/wiki/Supremacy_Clause
 
85vette said:
And THIS guy.....



https://youtu.be/a76JMYH6KvQ
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Yeah, that guy is a dope, pure and simple. But he is from California, so it isn't very surprising. He doesn't WANT to see the logic. Cops are not outgunned. They have SWAT. And they certainly have available any weapon that is available to the public, plus a whole lot more. They can have a plethora of full automatic weapons that we civilians cannot have.

And for the guy to claim that the military is outgunned by the armament of private citizens is certifiably insane. The Second Amendment was put into place precisely to prevent this sort of imbalance between the rights of "the people" and the power and control that government would wish to exert over us, regardless of our wishes.

So here we go. Pass a law like this, and combine it with the "Red Flag" laws, and you give justification for gun confiscation. Anyone having a firearm of this arbitrary description is now a felon, and therefore a danger to society.
 
mrr23 said:
how can you ban something that doesn't exist?
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The label is just to scare the ignorant fearful masses. Doesn't matter that it is not accurate nor truthful. Military grade "assault" weapons are usually selective fire, which has been tightly regulated (unconstitutionally, I might add) since 1986, and those made prior to that date have become so expensive that the average person can't afford to buy them.

I predict that if that amendment does get on the ballot and passes, there will be a hell of a lot of new felons in the state of Florida who refuse to comply. Maybe even a lot of blood on the porches of some houses if the cops go to people's doors to try to confiscate them in violation of the Second Amendment of the US Constitution. IMHO. The state constitution cannot legal preempt the federal Constitution due to the above mentioned Supremacy Clause.
 
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