Miami Beach

Miami Beach repeals gun control laws

 

Gun owners may now bring their weapons to parades, rallies and demonstrations in Miami Beach.

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dducassi@MiamiHerald.com

Miami Beach commissioners repealed the city’s laws restricting the sale, discharge and possession of firearms on Wednesday to comply with a state law that took effect in October.

The Florida Legislature decided that it has the sole power to regulate firearms in Florida to the exclusion of any city or county in 1987, but the law did not include any penalties. In 2011, the legislature passed a law that gives the governor the power to remove elected officials who enact or enforce local firearm regulations. The law also provides for a $5,000 fine and gives gun owners and gun rights groups the right to sue for damages if they believe their rights have been violated.

Mayor Matti Herrera Bower expressed outrage with the Legislature, saying she was inclined to vote against the motion to repeal the city’s gun regulations.

“It’s okay to say that ‘our law supersedes your law,’ but it’s not OK to intimidate me, and it’s not OK to tell me that if I don’t do it … I am going to be taken out of office,” Bower said. “That’s real intimidation from the National Rifle Association, without a gun. Look what they can do without a gun.”

Bower walked away from the dais rather than vote on the motion, while commissioners Michael Gongora, Jerry Libbin, Edward Tobin and Jonah Wolfson voted to pass the motion, giving it the minimum number of votes to pass. Commissioners Deede Weithorn and Jorge Exposito were absent.

City law previously made the sale, display or possession of a firearm in a public place illegal during a declared emergency. Firing a gun in the city limits also was illegal, as was possession of a firearm or explosives during a demonstration, rally, picket line or parade — until the city repealed those ordinances on Wednesday. Possession of other weapons, such as knives and brass knuckles, remains illegal during those types of events.

Owners may now bring their guns to government buildings — but not during a City Commission meeting. And guns remain illegal in schools.

The move to strike these sections of the city code came in response to a letter sent by attorney Robert Fast on behalf of the gun-rights group Florida Carry, threatening to sue the city if sections of the rules were not repealed.

Richard Nascak of Florida Carry said he “believes the city of Miami Beach did the right thing.”

Most South Florida cities already have repealed laws regulating guns, though the city of Miami Gardens chose to comply with state law simply by not enforcing its gun regulations, but keeping the laws on the books as an expression of the city’s values.

Richard Nascak of Florida Carry said he believes the position Miami Gardens took “makes no logical sense” and considers it “intimidation” of those who have concealed carry permits, though has not yet decided whether Florida Carry will take any legal action against cities that choose to retain their gun control laws but not enforce them.

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