West Palm Beach Mayor banning the sale of firearms and ammunition

West Palm Beach Mayor Keith James issued a declaration of state of local emergency on Sunday, banning the sale of firearms and ammunition due to the George Floyd protests taking place in the Florida area.

In his Sunday proclamation, James wrote, "There is reason to believe that there exists a clear and present danger of a riot or other general public disorder."

As such, the declaration expressly states that the sale of firearms is prohibited.

"The following acts shall be prohibited throughout the City during the State of Local Emergency," a portion of the proclamation reads. Those acts include "The sale of, or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size of description."

"The intentional display by or in any store or shop of any ammunition or gun or other firearm of any size of description" is also banned, as well as "[t]he intentional possession in a public place of a firearm by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of her or his duty."

The declaration also stipulates that the city is under curfew for 72 hours following the proclamation, and retailers also cannot sell alcoholic beverages during the 72 hours of declared local emergency. The curfew is in effect from 9 p.m. to 6 a.m.

What else?
On Monday, James defended the proclamation, and WPEC-TV reported that he plans to ask the city commission for an extension on the declaration.

In a statement, he said, "The public's safety is my top priority, especially during this time of great unrest in cities nationwide."

You can read the city's full Declaration of Emergency below.

https://www.theblaze.com/news/flori...03&utm_term=TheBlaze Daily PM - last 270 days

Sounds like a good way to start a riot that a normal human would think he’d otherwise like to prevent. Especially the prohibition of alcohol sales.

I understand that during a SoE that the government thinks it's ok to suspend citizens' rights (ie Sedition Acts, Korematsu v US etc)
But this is a local SoE, does it have any legs to stand on? Could the citizens sue for violating their 2nd A?

I don’t recall seeing a gun store in west palm, but this reminds me a bit of when we started changing the smoking rules in the office and I made my cubical non-smoking while the guy next to me smoked a pack before lunch.

No state preemption in the gunshine state?

No common sense in the gunshine state?

PREEMPTION STATUTE
In 2011, Florida enacted an extreme preemption measure designed to severely restrict local authority to regulate firearms, and personally punish local legislators who cause a preempted law to be passed or enforced.
...
Not only does section 790.33 declare that the state of Florida occupies “the whole field” of firearms regulation, it also subjects local legislators to personal liability and removal from office for their votes in that field.

Cops enforcing this obviously illegal law might run into 42 U.S. Code § 5207 since their department likely receives federal funds.

The loophole is that a declaration is probably looked at as a strong suggestion, but not legally binding since the anti-gun bit is null since he doesn't have the authority.
Same as MI Gov still declaring stay-at-home orders outside of her authority that the legislature won't back. She hasn't stopped giving orders.

JimB said:

I don’t recall seeing a gun store in west palm, but this reminds me a bit of when we started changing the smoking rules in the office and I made my cubical non-smoking while the guy next to me smoked a pack before lunch.

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Like back when you could smoke in a restaurant. We’d walk in the door, the hostess would ask “smoking or nonsmoking”, and without fail my dad would say “you know the difference, and I know the difference...but does the smoke know the difference?”

We let these emergency powers acts happen. Our state legislatures let them happen and now we are paying the price. Remember in November and maybe we can get the next lawmakers to strike or ammend these laws.

jimmyjames8 said:

We let these emergency powers acts happen. Our state legislatures let them happen and now we are paying the price. Remember in November and maybe we can get the next lawmakers to strike or ammend these laws.

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I want some of what you are smoking!

rdinatal said:

No common sense in the gunshine state?

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Gunshine state has been invaded by northeast liberals that escaped their shit hole states and brought down their voting plans....

So, he's trying to prevent rioters from buying guns? What about those wanting to protect themselves from rioters?

georgel said:

So, he's trying to prevent rioters from buying guns? What about those wanting to protect themselves from rioters?

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Looks like, here at least, the "bad guys" are just stealing the guns in the middle of the night! lol.

Since the vast majority of the violence during these "protests" is being done with bricks and gasoline, shouldn't he shut down the Lowes, Home Depots and Gas Stations instead??

Does he want revolts? Because that's how you get revolts.

Drive to next town Buy gun and ammo drive home no problem!!! then challenge the order in court!!!!!

vaskeet said:

Drive to next town Buy gun and ammo drive home no problem!!! then challenge the order in court!!!!!

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The possession in public in the city of West Palm is a big problem also.