This will end up polarizing..but I have a question..

michael

Your Brother *is* Christ
Dec 21, 2001
85,430
The ether
So I took my daughter and my mom to see Hamilton today at the Broward Center for the Performing Arts. This is a very nice performing arts center; owned by Broward County, and operated by Performing Arts Center Authority -- an intergovernmental organization which was created by the Florida Legislature as a special district.

I noticed metal detectors and security with wands, so I pulled one aside and told him I was carrying. He told me I wasn't going in with it. I asked to speak with a police officer. The head of security, who informed me was an ex-police officer (huge surprise), told me I'm not bringing it in. I told him that this was a County facility and it's against the law to deny me access when I have license to carry concealed. He said he didn't care and I wasn't going in with it. Then he said "we serve alcohol". Ok..but this isn't a bar. (I'll explain below).

I left my mom and daughter there, walked all the way back to the car, dropped off the gun, walked back. Wasted 25 minutes, which sucked bc I bought upgraded club level seats so there was food, drinks, etc. The higher-end experience I paid for got wasted by someone violating my rights and completely disregarding law.

Florida law pre-empts any County, City, Town, Municipality firearms laws and declares them null and void. The Florida law is all that matters, and it has a list of banned places to conceal. A performing arts center, or anything like it, is not on the list -- it's actually a pretty short list. Specifically, related to the alcohol, "Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;"

There's a civil penalty for violating the preemption law, so I can sue the county for violating my rights. I get why it looks petty (to very anti-gun people), but honestly it's on the principle of violating my right, whatever the right is -- fuck you local government, you're not going to violate my law just because you want to flex on me.

No poll because that makes it more polarizing. Discuss.






ibTLDR
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michael

michael

Your Brother *is* Christ
Dec 21, 2001
85,430
The ether
penalty statute:

3) PROHIBITIONS; PENALTIES.—
(a) Any person, county, agency, municipality, district, or other entity that violates the Legislature’s occupation of the whole field of regulation of firearms and ammunition, as declared in subsection (1), by enacting or causing to be enforced any local ordinance or administrative rule or regulation impinging upon such exclusive occupation of the field shall be liable as set forth herein.
(b) If any county, city, town, or other local government violates this section, the court shall declare the improper ordinance, regulation, or rule invalid and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, or rule. It is no defense that in enacting the ordinance, regulation, or rule the local government was acting in good faith or upon advice of counsel.
(c) If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred.
(d) Except as required by applicable law, public funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated this section.
(e) A knowing and willful violation of any provision of this section by a person acting in an official capacity for any entity enacting or causing to be enforced a local ordinance or administrative rule or regulation prohibited under paragraph (a) or otherwise under color of law shall be cause for termination of employment or contract or removal from office by the Governor.
(f)1. A person or an organization whose membership is adversely affected by any ordinance, regulation, measure, directive, rule, enactment, order, or policy, whether written or unwritten, promulgated or caused to be enforced in violation of this section may file suit against any county, agency, municipality, district, or other entity in any court of this state having jurisdiction over any defendant to the suit for declaratory and injunctive relief and for actual damages, as limited herein, caused by the violation. A court shall award the prevailing plaintiff in any such suit:
a. Reasonable attorney fees and costs in accordance with the laws of this state, including a contingency fee multiplier, as authorized by law; and
b. The actual damages incurred, but not more than $100,000.
2. If after the filing of a complaint a defendant voluntarily changes the ordinance, regulation, measure, directive, rule, enactment, order, or policy, written or unwritten, promulgated or caused to be enforced in violation of this section, with or without court action, the plaintiff is considered a prevailing plaintiff for purposes of this section.
 
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michael

michael

Your Brother *is* Christ
Dec 21, 2001
85,430
The ether
jk, cya pig (e) A knowing and willful violation of any provision of this section by a person acting in an official capacity for any entity enacting or causing to be enforced a local ordinance or administrative rule or regulation prohibited under paragraph (a) or otherwise under color of law shall be cause for termination of employment or contract or removal from office by the Governor.
 

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