New Pinellas County gun show rules

[Seanpcola]

Just got this in an NRA newsletter:



1-800-392-8683 | www.nraila.com



Florida Alert:
Heads-Up! Gun Show Changes in Pinellas County This Weekend

DATE: May 24, 2013
TO: USF & NRA Members and Friends
FROM: Marion P. Hammer
USF Executive Director
NRA Past President

Pinellas County Sheriff Bob Gualtieri has vowed to "start" enforcing a little known county ordinance that requires background checks at local gun shows for all sales -- including all private sales between individuals.

We wish we could tell you how it's going to work but we can't. We don't know.

How he plans to enforce the ordinance has not been made public, although Sheriff Gualtieri did admit that his monitoring and enforcement of the ordinance will also involve undercover operations.

As we told the press, the timing of Sheriff Gualtieri's decision to begin enforcing the little known ordinance is curious. Read more about it here: Sheriff Gualtieri’s background check plan |

Our big concern is entrapment. If Sheriff Gualtieri's "plan" doesn't include notifying attendees at gun shows of the change, there are no assurances innocent people will know he has a new enforcement agenda. When people don't even know an ordinance exists, there is little chance they will know it's going to be enforced.

As reported by the Sarasota Herald-Tribune blogger Lee Williams, Sheriff Gualtieri said Thursday "he 'naively' assumed the ordinance was being enforced, until contacted by a reporter a month ago, and that unless his deputies start cracking down, a 'ludicrous and ridiculous situation will result.'"

If Sheriff Gualtieri didn't know the ordinance wasn't being enforced, how can he expect average citizens to know?

For additional background, also read this article from the Tampa Bay Times

Gun show background check law to be enforced, Pinellas sheriff says | Tampa Bay Times

http://www.tampabay.com/news/public...cement-of-county-law-closing-gun-show/2122166

http://thegunwriter.blogs.heraldtribune.com/12451/sheriff-gualtieris-background-check-plan/

 

[flyandscuba]

Sounds like Pinellas County needs a new Sheriff in the next election!

 

[outside9]

Sounds like he doesn't have enough to do.

 

[JohnAL]

Sounds like FL needs the law Alabama just passed and becomes effective August 1. Only the state can pass gun laws. Cities, counties, etc. cannot.

 

[Choppersled]

What John said

 

[FrankT]

Next he will ban gun and ammo sales at gun shows...

 

[flyandscuba]

Florida does have a pre-emption law with regards to firearms -- and has for some time.

http://www.floridacarry.org/issues/firearms-preemption

 

[FrankT]

Someone needs to send this to the Sheriff and commissioners/council

 

[Hunkyfish]

Nobody wins on this,,,,
except the lawyers

If the sheriff tries to enforce this he will end up ruining the county budget in legal fees
as well as possibly financially destroying some Law Abiding Citizens

End Result

the Sharks get Fatter !!!!!!!

 

[itsazonik]

From the way it reads, sending it to them won't do any good, they don't care about the law

 

[flyandscuba]

If someone goes to the gunshow -- and gets arrested for a private sale, they need to sue the Sheriff and arresting officer for a 42 USC 1983 violation in Federal Court -- refuse to settle and let it play out in court, then get a big monetary award from the Sheriff/County. There are many experienced attorneys out there that would take such a case on contingency -- because attorney fees are uncapped in civil rights violation cases...

 

[Hunkyfish]

Hey F&S
Ya' wanna ride over & to the show & buy one of my guns
I think I can get a lawyer to go with us LMAO

 

[flyandscuba]

Yeah, we could do the transaction right in front of the Deputies after they safety our firearms at the entrance! Dare them to arrest us! :wink:

 

[donr101395]

The state constitution Article 8, Section 5 (b) allows counties to put wait limit and background check requirement in place for sales taking place in a public place. Yea, it's stupid and needs to be changed, but what they are currently doing is legal according to the law.


http://www.flsenate.gov/Laws/Constitution#A8

(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.

 

[flyandscuba]

I believe that was superseded by the preemption law passed in 1987.

Prior to that, County Commissions had the ability to grant or deny concealed carry licenses too.

Furthermore, if an admission charge is present for a gun show - it is no longer a public place, but a private venue.

I expect ultimately, the courts will sort it out - at great expense.

 

[donr101395]

I believe that was superseded by the preemption law passed in 1987.

Prior to that, County Commissions had the ability to grant or deny concealed carry licenses too.

Furthermore, if an admission charge is present for a gun show - it is no longer a public place, but a private venue.

I expect ultimately, the courts will sort it out - at great expense.

When the two conflict, the state constitution takes it. For example the state FS 790.0655 says 3 day waiting period on handguns which most of the counties follow except Broward, Dade, and Palm Beach which have a 5 day wait.
I agree it will get sorted out at someone's expense.


ETA: State Parks are public places that charge to enter and it doesn't make them suddenly private venues.

 

[Hunkyfish]

If they think they can get away with it they will try,,,,
someone has to challenge them,,, & someone has to pay the sharks
either way the taxpayer loses

 

[Seanpcola]

Update in my email this morning:

http://thegunwriter.blogs.heraldtri...ade-for-pinellas-county-background-check-law/