Tuesday, 12 May 2009
-
Illegal Violation of the Second Amendment
The Florida legislature has violated the Second Amendment by raiding the concealed weapons and firearm licensing trust fund. They took $6 million of the almost $8 million available from the Division of Licensing Concealed Weapons and Firearm Trust Fund that is intended, by law, to be used solely for administering the concealed weapons and firearms licensing program; they are using this stolen money not for education, health care, or any other important issues, but to build their own "working capital" fund that has already accrued $1.8 billion dollars. Obviously afraid that the Governor would veto these trust fund raids, proviso language was inserted in the bill in a clear attempt to intimidate the Governor, stating that if any portion of the money swept from this and other trust funds does not become law (meaning it is vetoed), that portion of the money shall be deducted from the EDUCATION BUDGET.
Still think this is somehow not a big deal? EVERY CENT IN THE CONCEALED WEAPONS TRUST FUND CAME FROM GUN OWNERS. Money to administer and run the concealed weapons and firearms licensing program has never come from general revenue, or any other state fund or revenue source or the government at large in any way. The taking of these gun owner user fees is an unauthorized tax on the exercise of the Second Amendment.
There should be rioting in the streets. Such a clear act of theft by the government should have citizens all over the country in an uproar. Have you heard anything about it? No? Exactly.
If you agree with me about this travesty, call or email the governor's office today:
Phone number: (850) 488-4441 or (850) 488-7146
Fax number: (850) 487-0801Send your email to the Governor at this address: Charlie.Crist@MyFlorida.com
It takes five minutes, folks. If we can't stand up for our rights for the cost of five minutes when they are so blatantly taken, we don't deserve any of them. Worse, we won't possess any to protest if this is allowed to continue.
If nothing else, recommend this post. People need to know. Or are we content with loss of freedom so we can know who dated whom in the celebrity world today?
-
recommend
- recs 2
-
share
-
email
- sent 0
Post a Comment
- Back to ImpOfDisparagement's Xanga Site!
- Note: your comment will appear in ImpOfDisparagement's local time zone: GMT -05:00 (Eastern Standard - US, Canada)
Comments (4)
If it's the case that funding for the concealed weapons fund came from donations of gun owners, then I buy your argument of legislative impropriety.
(Though, hardly violation of the Second Amendment.)
@CelestialTeapot - The fund pays for the administration and general running of the licensing program. The program approves gun owners to carry concealed weapons, as well as open ones. If the program cannot process the applications, then the applicants cannot legally carry weapons or firearms of any kind. The Second Amendment clearly states "the right of the people to keep and BEAR arms." Prohibiting citizens to bear arms by stealing from this program (a crime in itself) is a clear violation of that amendment.
@ImpOfDisparagement - Within the stirctures of the Second Amendment, State and Federal lawmakers have the right to limit and regulate the bearing of arms.
If it's as you suggest, that this reallocation of funds severely hampers the issuing of general gun licenses, then I'll buy your analysis. But it's not as if lawmakers axed the department entirely.
@CelestialTeapot - "Within the stirctures of the Second Amendment, State and Federal lawmakers have the right to limit and regulate the bearing of arms."
They do not. The Second Amendment clearly states: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." There is no limit nor regulation of the bearing of arms of any kind in that one sentence. Instead, it implicitly states that this right cannot be infringed upon in any way. Limiting and regulating the usage of arms is infringing upon the citizens' right.
In the legal case, District of Columbia v. Heller (2008), the Supreme Court of the United States held that the Second Amendment to the United States Consitution protects an individual's right to possess a firearm for private use. This was in response to the objection that D.C. had no right to require that its citizens keep their firearms dismantled and "safely" stowed away; by doing so, Heller proved, a citizen's right to defend himself by virtue of the Second Amendment was not only hampered but violated. Now while this was only directly applied to one case, in can be logically assumed that what is a violation of the Amendment in one place will be the same in another. Florida legislature is restricting their citizens' use of firearms and thus violating the amendment.
Furthermore, in the case of the Florida legislature that I have posted about, they have also been infringing upon and violating state laws that protect this program, as you can see if you read the original article I have linked to (I expand on this below, in my response to the rest of your comment).
"If it's as you suggest, that this reallocation of funds severely hampers the issuing of general gun licenses, then I'll buy your analysis. But it's not as if lawmakers axed the department entirely."
To clarify, they do not issue gun licenses. To require a license for a gun would be a direct infringement upon the right to keep and bear arms. The Division of Licensing issues concealed carry permits for firearms.
Yes, the reallocation will not only hamper the issuing of these permits but the Legislature's previous involvement has already done so. Currently (although the Division of Licensing has been working weekend shifts to clear the backlog), it is taking 13-14 weeks to process a "perfect" application for a CCW permit once it has been opened. That is an unequivocal violation of the state law that requires issuance or denial of a license by a specific time –– a violation of law that legislative leaders are condoning by their actions. The law requires the Divison of Licensing to issue a CCW license within 90 days of receipt of the application or deny the license "for cause" based upon the criteria set forth in the law. Theft of operating funds by the Legislature is not "just cause" for failure to issue licenses or renewals within 90 days. Therefore, the Legislature is not only possibly infringing upon the Second Amendment, they are outright breaking state laws.
Last, it does not matter that the Florida Legislature did not shut down the Divison of Licensing. What they are doing should be more than enough to anger anyone. In case my points have not made it clear thus far, the Legislature is breaking its own state laws. Anyone else would be held responsible for a criminal offense against the federal government. But no biggie -- at least they didn't shut it down completely, right?