City of South Miami's
Trigger Lock Mandate Put to Rest
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"...The City knew they were
violating state law and essentially dared us to sue them. It was a
shameless act of political arrogance. The Courts have proven us right
once again..." |
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-- NRA Past-President Marion P. Hammer |
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Marion P. Hammer |
On Wednesday, 11th Judicial Circuit Court Judge Thomas Wilson put the
final nail in the coffin of the City of South Miami's (Fla.) attempt to
usurp legislative authority from state lawmakers when he declared the
city's "Gun Lock Ordinance" null and void. The ordinance sought to
require that every firearm, without exception, be stored with a trigger
lock. No exception existed for firearms stored in a safe, antiques, or,
most importantly, firearms kept accessible for self defense.
NRA, Unified Sportsmen of Florida, and individual plaintiffs immediately
brought suit against the ordinance. NRA Past President Marion P.
Hammer, commenting on the ruling, stated, "The City knew they were
violating state law and essentially dared us to sue them. It was a
shameless act of political arrogance. The Courts have proven us right
once again."
Judge Wilson's ruling - which he was instructed to hand down by the 3rd
District Court of Appeals last March - held that the ordinance violated
Florida's statewide preemption law that forbids municipalities from
imposing restrictions on firearms that are contrary to state law.
Wilson also stated the City has until June 4, 2002, to repeal its
ordinance, and if it does not, he will issue a permanent injunction
against the City.
Shortly after the ruling by Wilson, Palm Beach County (Fla.)
commissioners voted 4 - 3 to repeal a similar ordinance.
Related Stories...
Trigger Lock Law Ruled "Null and Void" (Mar. 2002)
Florida Supreme Court Rejects Reckless Lawsuit (Nov. 2001)
Florida Puts Us Over The Halfway Point! (May 2001)
Florida Court Upholds Privacy Rights of NRA Members (Jan. 2001)
Marion Hammer Responds to Texas Catholic (Mar. 2000)
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