Domino Effect

As many of you know, many states have preemption laws for certain delicate areas such as firearms. Basically, the state says that cities, counties, etc. cannot pass laws that are more restrictive than the state law. The idea is that, again using guns as an example, a person who has fulfilled the state's requirement to carry a firearm, is protected from being made criminal by walking into a city where he does something that is legal everywhere else. In the gun community, we refer to that as a "patchwork" of laws, where you never know from one city to the next where something is or isn't legal.

The problems come when a city thumbs its nose at the state preemption laws and passes a city ordinance banning, for instance, (otherwise lawfully) carrying a firearm in a city park. Such ordinances are passed under the guise of public safety, but the state has already addressed the issue and went so far as to specifically forbid the city from addressing it further. The city broke the law, but there's no one to arrest, ticket, try, or imprison for doing so.

The State of Florida finally took steps to enforce its own laws, but in a shocking turn of events the enforcement isn't against the people of the State. Enforcement, for the first time that I am aware of, will be against the people who pass and enforce laws that violate preemption. In Florida, the state preemption on firearms laws was recently given teeth. The new law, which has passed the state legislature and is about to go into effect, actually penalizes lawmakers and enforcers directly and personally.

You read that right: a city councilman will actually be personally fined in the thousands of dollars for taking part in the passing of a law that violates state preemption.

These are the warm and fuzzy feelings I have been getting ever since I heard about the penalties that lawmakers and LEOs would be personally responsible for. In fact, the idea is so far-fetched (given the current view of things) that when I heard about it I had to re-read it a few times to make sure I was reading it correctly, and when I did I wrote it off as a pipe dream that would never see the light of day.

Well, I was wrong. It did, and from that moment, the idea had already transcended just firearm laws. As Robb Allen (who clued me in to the whole thing in the first place and has been all over it ever since) put it:

Why don’t we do this for ALL laws?

Remember, while I may focus on firearms, my end goal is more freedom for all in all facets of our lives.

Yup. These sorts of laws should be on the books from a local town council all the friggin way up to - and including - Washington, D.C. I can see it now: some career Masshole Senator getting slapped with a multi-thousand-dollar fine for pushing unconstitutional law. Robb, again:

Now, one thing I’ve thought about lately is not only is HB45 effective (it’s not even law yet and these people are scrambling to comply) but that it’s a great concept – hold lawmakers and law enforcement officials accountable. Do that, and you’ll see the overbearing state take a step back.

This is the way it should be, people. Accountability does not exist in the creation and enforcement of law. Lawmakers enjoy a perfect world where, no matter how good or bad they do their job, the worst they can expect is to lose an election. Law enforcement can be fired, of course, but qualified immunity protects them from nearly all forms of prosecution for any violation of individual rights - constitutional, even - as long as said violation can be even remotely seen as enforcing the law.

The winds are blowing, and they are of the changing nature. Set sails, ye dogs, and follow them forth. There be hope yet.



tweaker