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Re: Florida Attorney General Ashley Moody seeks to block assault weapons ban ballot drive

Posted: Tue Aug 06, 2019 7:34 pm
by Skoll
tector wrote: Tue Aug 06, 2019 12:52 pm
Gunnyhiway wrote: Tue Aug 06, 2019 11:07 am I realize it's not Florida, however what's being done about the wholesale slaughter of people in Chicago on a WEEKLY BASIS ?

I never hear ANYTHING about that travesty.
It doesn't fit the U.S. version of the Josef Goebel propaganda media's requirements.
Nothing to see there I guess........
Most of the time it is thug-on-thug crime, so I lose no sleep over that. However, occasionally a child or other true innocent bystander gets plugged, so there should be some outrage.
A couple of moms just got plugged last week on a street corner for protesting neighborhood violence. Not a peep on the news.

Re: Florida Attorney General Ashley Moody seeks to block assault weapons ban ballot drive

Posted: Wed Aug 07, 2019 9:35 am
by bryan2010x
Greg wrote: Tue Jul 30, 2019 7:41 pm Interesting. We’re actually fighting back
Yeah, this one is another sneaky tactic they tried to pull on us. They had a warning about this at the last gun show and I was stunned.

Re: Florida Attorney General Ashley Moody seeks to block assault weapons ban ballot drive

Posted: Wed Aug 07, 2019 11:30 am
by flcracker
With the availability of Aguila mini-shells, this will classify the Mossberg 930 and Remington 1100 shotguns as "assault weapons", alongside the Ruger 10/22 and many traditional hunting rifles.

See for yourself how they are attempting to mislead voters. Here is what appears on the BAWN website. They aren't even offering the official petition form that was approved by the State, which includes the complete language:
Ballot Title: Prohibits possession of defined assault weapons

Ballot Summary: Prohibits possession of defined assault weapons Prohibits possession of assault weapons, defined as semiautomatic rifles and shotguns capable of holding more than 10 rounds of ammunition at once, either in fixed or detachable magazine, or any other ammunition-feeding device. Possession of handguns is not prohibited. Exempts military and law enforcement personnel in their official duties. Exempts and requires registration of assault weapons lawfully possessed prior to this provision’s effective date. Creates criminal penalties for violations of this amendment.

See separate document for the full text of the proposed constitutional amendment.
(NOTE: the full text of the proposed constitutional amendment is not available on BAWN’s website.)
And this is the complete language that they do not provide on their website:
Full text of proposed constitutional amendment (new language is underlined):
ARTICLE I, SECTION 8. Right to Bear Arms.—

(a) The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.

(b) There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun. For the purposes of this section, “purchase” means the transfer of money or other valuable consideration to the retailer, and “handgun” means a firearm capable of being carried and used by one hand, such as a pistol or revolver. Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph.

(c) The legislature shall enact legislation implementing subsection (b) of this section, effective no later than December 31, 1991, which shall provide that anyone violating the provisions of subsection (b) shall be guilty of a felony.

(d) This restriction shall not apply to a trade in of another handgun.

(e) The possession of an assault weapon, as that term is defined in this subsection, is prohibited in Florida except as provided in this subsection. This subsection shall be construed in conformity with the Second Amendment to the United States Constitution as interpreted by the United States Supreme Court.

1) Definitions –

a) Assault Weapons - For purposes of this subsection, any semiautomatic rifle or shotgun capable of holding more than ten (10) rounds of ammunition at once, either in a fixed or detachable magazine, or any other ammunition-feeding device. This subsection does not apply to handguns.

b) Semiautomatic - For purposes of this subsection, any weapon which fires a single projectile or a number of ball shots through a rifled or smooth bore for each single function of the trigger without further manual action required.

c) Ammunition-feeding device - For purposes of this subsection, any magazine, belt, drum, feed strip, or similar device for a firearm.

2) Limitations –

a) This subsection shall not apply to military or law enforcement use, or use by federal personnel, in conduct of their duties, or to an assault weapon being imported for sale and delivery to a federal, state or local governmental agency for use by employees of such agencies to perform official duties.

b) This subsection does not apply to any firearm that is not semiautomatic, as defined in this subsection.

c) This subsection does not apply to handguns, as defined in Article I, Section 8(b), Florida Constitution.

d) If a person had lawful possession of an assault weapon prior to the effective date of this subsection, the person's possession of that assault weapon is not unlawful (1) during the first year after the effective date of this subsection, or (2) after the person has registered with the Florida Department of Law Enforcement or a successor agency, within one year of the effective date of this subsection, by providing a sworn or attested statement, that the weapon was lawfully in his or her possession prior to the effective date of this subsection and by identifying the weapon by make, model, and serial number. The agency must provide and the person must retain proof of registration in order for possession to remain lawful under this subsection. Registration records shall be available on a permanent basis to local, state and federal law enforcement agencies for valid law enforcement purposes but shall otherwise be confidential.

3) Criminal Penalties - Violation of this subsection is a third-degree felony. The legislature may designate greater, but not lesser, penalties for violations.

4) Self-executing - This provision shall be self-executing except where legislative action is authorized in subsection (3) to designate a more severe penalty for violation of this subsection. No legislative or administrative action may conflict with, diminish or delay the requirements of this subsection.

5) Severability - The provisions of this subsection are severable. If any clause, sentence, paragraph, section or subsection of this measure, or an application thereof, is adjudged invalid by any court of competent jurisdiction, other provisions shall continue to be in effect to the fullest extent possible.

6) Effective date - The effective date of this amendment shall be thirty days after its passage by the voters.

Re: Florida Attorney General Ashley Moody seeks to block assault weapons ban ballot drive

Posted: Wed Aug 07, 2019 12:09 pm
by patw
I am hoping Desantis sticks to his stance on guns.

Re: Florida Attorney General Ashley Moody seeks to block assault weapons ban ballot drive

Posted: Wed Aug 07, 2019 12:49 pm
by REDinFL
Watch how the "capable of holding more than 10 rounds..." will get twisted if this crap passes. I carry a 1911. 7 or 8 round magazine. Ok, one thinks? I've seen 27 round magazines advertised on some nut sites. Yeah, that would be ridiculous to have that sticking out of the base. But, it will fit the definition of "capable of...." Others have made similar comments about shotguns and the mini-shells from Aguila.

I'm sure this document was written in final form by lawyers, who understand all too well that the devil is in the details. The people behind this aren't smart, though they think they are, but they are clever.

Re: Florida Attorney General Ashley Moody seeks to block assault weapons ban ballot drive

Posted: Wed Aug 07, 2019 1:03 pm
by tector
I have been warning about this push for sometime. We must fight vigorously.

That being said, unless and until the Florida governorship and/or AG position fall into the hands of the Dems, I doubt the state will actually take the extreme interpretations we fear. But some day we could lose one or both of those positions and we would be hosed. I would also say that if that happens, those extreme interpretations would be ripe for a Second Amendment challenge. The USSC turned down hearing an appeal of Maryland's "AWB" ban a few years ago. But interpretations like these would be hard for them to ignore.

Re: Florida Attorney General Ashley Moody seeks to block assault weapons ban ballot drive

Posted: Wed Aug 07, 2019 7:59 pm
by Greg
Yep if it became into law NRA has already said they would immediately sue and sue to have it revoked immedialty