Tuesday, February 27, 2018 Open Calendar
8th Week of 2018 Session – 10 Days until the End of Session
And we got us SB 7026 which at first glance goes with what the Senate and House leaders announced they were going to do some days back. Here is my take and remember IANAL.
-It creates that weird Office of Safe Schools. I still see it as a a bunch of people sitting and discussing shit. But if it keeps them from making bad laws, I am all for it.
-It creates an emergency fund to pay for medical bills of those affected by Mass Shootings. It also gives Florida a legal definition of Mass Shooting: “As used in this section, the term “mass shooting” means an incident in which four or more people are killed or injured by firearms in one or more locations in close proximity.” No issue with this bill at face value. I do see a potential of abuse to the fund every time a nightclub or Strip Joint is shot up my members of warring gangs.
-It mandates no individual under 21 can buy any firearm. This is downriight stupid and leaves good people without the chance of defend themselves, go hunting or participate in a firearms-related event unless they are gifted the guns. The posibilities for people unknowingly doing Straw Purchases will skyrocket. If anything this will be the law that makes felons out of good people while real gun traffickers get a slap in the wrist at a Federal level.(SUCKS & STUPID)
-It regulates how to keep guns out of the hands of individuals with mental issues. Again, IANAL, but I don’t see the possibility of California-style abuse with this part. It conforms to what we already have in terms of adjudication and recover of rights via appeal. But I would not mind a lawyer go through it. (Tentative OK)
-Mandatory 3 day waiting period for all firearms, not only handguns. (SUCKS) Exception provided to anybody with a Concealed Weapons Permit and now they added “To a person who completes a minimum of a 16-hour hunter education or hunter safety course approved by the Fish and Wildlife Conservation Commission or similar agency of another state, unless that person is purchasing a handgun.” Basically you can get a Long Gun immediately but not a handgun.
-Bumpstocks banned. The text reads as follows: (1) DEFINITION.—As used in this section, the term “bump fire stock” means a gun conversion kit, a tool, an accessory, or a device used to alter the rate of fire of a firearm to mimic automatic weapon fire or which is used to increase the rate of fire of a semiautomatic firearm to a faster rate than is possible for a person to fire such semiautomatic firearm unassisted by a kit, a tool, an accessory, or a device.” Still does not affect Full Auto and although some claim it will be used by the courts to screw with regular trigger jobs. (BAD, but I would offer bumpstock as sacrificial anode if the age limit is removed from the bill )
-Risk Protection Order. Again I would like to have a lawyer read this, but I still don’t see a California-type of over-reach, actually the opposite as the Petitioner needs to sign under oath the request and evidence must be present for a judge to issue the RPO. (I have no problem with this initially)
-Supplemental Funding for Mental Health Assistance for Schools. “establishing or expanding comprehensive mental health programs that increase awareness of mental health issues among children and school-age youth; to train educators and other school staff in detecting and responding to mental health issues; and to connect children, youth, and families who may experience behavioral or mental health issues with appropriate services.” Not bad by any means, but if violent events by students are still going to be hidden and the school population remain at danger for lack of action, this is just a waste of money. (OK I guess)
-Florida Sheriff’s Marshal Program, AKA Voluntary Armed Teachers. It is comprehensive in its requirements and narrowly tailored in its application as the teacher cannot act unless within a defined situation: “Active assailant incident” means a situation in which an armed assailant is posing an immediate deadly threat to persons on the premises or campus of a public school.” The teacher has no powers nor he/she can act as a normal LEO in other situation which is good as they are to be only to go active in case of SHTF . (GOOD)
What I don’t see in the bill: ELIMINATE THE COLLUSION BETWEEN LAW ENFORCEMENT AND SCHOOL BOARDS TO HIDE THE CRIMINAL ACTIVITIES OF STUDENTS. Once again proving that laws are made to soothe the Media beast and not because they make sense or solve anything. Does anybody have any doubts that covering up all the shit that Nick Criz did over the years is one of the most important reasons nobody touched the asshole and made him a Prohibited Person?
What was the bad crap that was rejected?:
-Universal Background Checks.
-Assault Weapons Ban. (apparently wails were heard and students and assorted SJWs had to be taken to the ESR (Emergency Safe Room).
-Stupid Safe Storage. No minors near a gun, including if you were carrying concealed.
–Elimination of the Second Amendment as a Unalienable Right in the State of Florida... yes boys and girls. This amendment was brought to you by Senator Thurston, (D, Broward County) because the Constitution is just a piece of paper.
-The Public School Emergency Response Learning System Program. Another Jobs program, and unnecessary paperwork. I do like the way they plane to stop Active Shooters with Flip Charts, communication cards and children’s books.
Overall it is a bad/not-so-bad (70/30) bill, but it could have been much worse if you factor in that the Florida Senate has been quite shitty in the last couple of years regarding guns. There is the possibility that crap can be removed down the road and we still have the House who are more Pro-Gun and suffer from a case of IDGAF.
Truthfully our best case scenario would be the Legislative session’s clock runs out before anything gets sent to the Governor’s desk for signature. I’d hate for the Armed Teacher bill not to make it, but I just don’t trust the GOP senate and fear they will want to do some stupid shit when people are not looking.
Just in case, keep the pressure to both the Legislature and the Governor. Don’t forget that Scott terms-out and he is going after Bill Nelson’s seat who is a devoted hater of Gun Rights. I do feel that Scott would veto any bad bill if he feels he can depend on gun owners to back him up in November
Keep the fight up, people. Call and email your Representative and Senator
“… although some claim it will be used by the courts to screw with regular trigger jobs” — yes, that’s what the wording appears to do, and given the nature of the opposition you must assume that they will use it that way. I would not treat this as a “sacrificial anode”, I would treat this as an attempt to Randy Weaver any gunsmith who makes any gun work better than it did out of the factory.
In addition, it doesn’t even do what it claims…ban ‘bump-fire stocks’.
*puts on his ‘think like a lawyer’ wordsmithing hat*
“-Bumpstocks banned. The text reads as follows: (1) DEFINITION.—As used in this section, the term “bump fire stock” means a gun conversion kit, a tool, an accessory, or a device used to alter the rate of fire of a firearm to mimic automatic weapon fire or which is used to increase the rate of fire of a semiautomatic firearm to a faster rate than is possible for a person to fire such semiautomatic firearm unassisted by a kit, a tool, an accessory, or a device.” Still does not affect Full Auto and although some claim it will be used by the courts to screw with regular trigger jobs. (BAD, but I would offer bumpstock as sacrificial anode if the age limit is removed from the bill )
In firearms, ‘Rate of fire’ refers to the cyclic rate. Generally expressed in the term ’round per minute’ but more specifically that is merely the mathematical extrapolation of the amount of time it takes the firearm to cycle from the point of igniting the chambered round to the point at which the following round is ready to be ignited. In any modern auto or semi-auto firearm that time is measured in fractions of a second so the first ‘definition’ is as much non-sense word salad as the made-up term ‘assault weapon’.* (as a cyclic rate, 600RPM sounds more impressive than .1 second)
The second definition is no better since a few seconds on you tube will reveal dozens if not hundreds of videos wherein folks are using nothing more than their fingers and a little practice to achieve the same result.
*Using the same wordsmithing hat I could come up with rock-solid phraseology which WOULD in fact ban bumpstocks, but I’m sure as hell not going to hand it to them on a silver platter by posting it openly.
Bump stocks are scary…Ill just keep building MACHINE GUNS…HEH HEH(07 manufacturuer with SOT). Problem with banning bumpstocks is you can do the same thing with your FINGER.
Lightning links, auto sears, and other INTERNAL mechanisms are already banned. External mechanisms like motor driven trigger actuators are also already banned.
The bump stock description should be VERY SPECIFIC, and something like, “any device external to the trigger, receiver, bolt, and internal firearm mechanism that repositions the firearm user’s trigger finger during firearm recoil to allow the users finger to rapidly actuate the trigger to mimic fully automatic weapons fire.”
(Isn’t that how bump stocks are supposed to work?)
IANAL, but the definition needs to be very, very limited to keep the BATFEIEIO honest.
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How about a carve out for rimfire weapons at 18? Maybe add shotguns, bolt action and single shot weapons? I don’t want this 21 year old stuff in Florida or my state either, but limit the damage. Maybe add a sunset clause?
Miguel, you in Florida need to fight this one, especially in that bumpstock definition
Here’s a youtube vid of a geissele competition trigger.
https://www.youtube.com/watch?v=7ub3rtWELGs
Under that definition, that’s a bumpstock and that is bullshit.
This is an open invitation to arbitrary enforcement and that always gets used to persecute political enemies.
Be careful that the hill you decide not to die on is the right hill.
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