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2A Protection Act - Florida Bill Draft

2A Protection Act - Florida Bill Draft

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Published by TJ Riordan
Florida’s Second Amendment Protection Act provides the people of Florida the legal protection against federal laws that violate the Constitution and the 2nd Amendment in regards to firearms, firearm accessories or ammunition manufactured within the State of Florida, exempting them from unconstitutional federal laws. This Act is based on SB 102 – “Enacting the second amendment protection act” passed and signed into law by Kansas Governor Sam Brownback. For the latest information on this bill, please visit http://FLTAC.org
Florida’s Second Amendment Protection Act provides the people of Florida the legal protection against federal laws that violate the Constitution and the 2nd Amendment in regards to firearms, firearm accessories or ammunition manufactured within the State of Florida, exempting them from unconstitutional federal laws. This Act is based on SB 102 – “Enacting the second amendment protection act” passed and signed into law by Kansas Governor Sam Brownback. For the latest information on this bill, please visit http://FLTAC.org

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Published by: TJ Riordan on Sep 04, 2013
Copyright:Attribution Non-commercial

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09/08/2013

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 A bill to be entitledAn act relating to regulation of firearms; providing ashort title; providing legislative findings; creatings. 790.34, F.S.; providing definitions; providinglegislative findings relating to the nonapplicabilityof federal law and regulations to specified firearms,firearm accessories, and ammunition for personal usemanufactured in the state; declaring that theimportation into the state of specified parts and theincorporation of such parts into a firearm, firearmaccessory, or ammunition manufactured in the statedoes not subject the firearm, firearm accessory, orammunition to federal regulation; requiring thatfirearms manufactured and sold in the state must bearan indicia of manufacture after a specified date;prohibiting enforcement of certain federal regulationsby state or local employees; prohibiting enforcementof certain federal regulations by employees or agentsof the Federal Government; providing criminalpenalties; specifying requirements for proceedingsagainst such employees or agents; providing forinjunctive relief for such enforcement; providingexceptions; providing for applicability; providing forseverability; providing an effective date.Be It Enacted by the Legislature of the State of Florida:Section 1. This act may be cited as the "Second AmendmentProtection Act."
 
 
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 Section 2. The Legislature finds that:(1) The Tenth Amendment to the United States Constitutionguarantees to the states and their citizens all powers notgranted to the Federal Government elsewhere in the Constitutionand reserves to the State of Florida and its citizens certainpowers as they were understood at the time that Florida wasadmitted to statehood in 1845. The guaranty of those powers is amatter of contract between the State of Florida and the citizensthereof and the Federal Government as of the time that thecompact with the Federal Government was agreed upon and adoptedby Florida and the Federal Government in 1845.(2) The Ninth Amendment to the United States Constitutionguarantees to the people rights not granted in the Constitutionand reserves to the State of Florida and its citizens certainrights as they were understood at the time that Florida wasadmitted to statehood in 1845. The guaranty of those powers is amatter of contract between the State of Florida and the citizensthereof and the Federal Government as of the time that thecompact with the Federal Government was agreed upon and adoptedby Florida and the Federal Government in 1845.(3) The Second Amendment to the United States Constitutionreserves to the people the right to keep and bear arms as thatright was understood at the time that Florida was admitted tostatehood in 1845. The guaranty of that right is a matter ofcontract between the State of Florida and its citizens and theFederal Government as of the time that the compact with theFederal Government was agreed upon and adopted by Florida andthe Federal Governments in 1845.
 
 
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 (4) Section 8, Article I of the Florida Constitutionclearly secures to the citizens of Florida, and prohibitsgovernment interference with, the right of individual Floridacitizens to keep and bear arms. This constitutional protectionremains unchanged from the original Florida Constitution, whichwas approved by the United States Congress and the people ofFlorida, and the right exists as it was understood at the timethat the compact with the Federal Government was agreed upon andadopted by Florida and the Federal Governments in 1845.Section 3. Section 790.34, Florida Statutes, is created toread:790.34 Second Amendment Protection Act.
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 (1) D
EFINITIONS
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As used in this section, the term:(a) "Borders of the state" means the boundaries of Floridaas described in s. 1, Art. II of the Florida Constitution.(b) "Firearm accessory" means an item that is used inconjunction with or mounted on a firearm but is not essential tothe basic function of the firearm, including, but not limitedto, a telescopic or laser sight, magazine, flash or soundsuppressor, folding or aftermarket stock or grip, speed-loader,ammunition carrier, and light for target illumination.(c) "Manufacture" means to assemble using multiplecomponents to create a more useful finished product.(2)
FIREARMS
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FIREARM ACCESSORIES
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AND AMMUNITION FOR PERSONAL USEMANUFACTURED
AND
 
REMA
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IN
FLORIDA NOT SUBJECT TO FEDERAL LAW ORREGULATION
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LEGISLATIVE FINDINGS
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 (a) The Legislature finds that a firearm, firearmaccessory, or ammunition for personal use that is manufacturedin Florida and remains within the borders of the state is not

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