The Florida Second Amendment Preservation Act: Who Will Walk the Walk of Shall Not Be Infringed?

The contenders for the 2018 Florida governorship, Florida House and Florida Senate elections are beginning to line up. Not surprisingly on the Republican side, every candidate is jockeying to be the “Second Amendment champion.”
They will yodel about open carry, campus carry, airport carry and no permit required carry (some call this “constitutional carry”) and how they believe in “YOUR SECOND AMENDMENT RIGHTS!” However, none of these carry questions are Second Amendment issues. They are state issues.
Wisely or unwisely, we the people of the state of Florida have given to the legislature the power to decide the manner of bearing arms and the places where those arms may be carried. If this is new to you, you will find this in our state constitution’s Declaration of Rights, Article 1 Section 8, Right to Keep and Bear Arms. The only way to change this is to  amend our state constitution.
There is a way for any candidate or sitting state legislator to truly be a “Second Amendment Champion.” As the Second Amendment is a prohibition on the federal government and forbids it to “infringe” (weaken,limit,destroy) a person’s right to keep and bear arms; all federal firearms laws are in fact unlawful and would be viewed by the framers and ratifiers as no law at all. A true Second Amendment champion would work to blunt the force of these laws in Florida.
But are there any real Second Amendment champions out there? Talk is cheap. Who in fact will walk the walk of firearms freedom?  It’s actually very easy to find out.
At the end of this introduction you will find a version of the Florida Second Amendment Preservation Act. A true Second Amendment champion, a person who understands the reason for the inclusion of the amendment in the Bill of Rights, and the relationship of the Bill of Rights to the states will not hesitate to sponsor this bill, co-sponsor it,or at the very least, have an honest discussion with you about it. The last time this bill was filed in the House was 2014. It had one sponsor and ten co sponsors. No senator would touch it due to NRA pressure. We are willing to bet that YOU believe all federal firearms laws are unlawful and don’t care an old musket ball for what anyone else thinks.
We encourage you to share this with a candidate  to whom you are considering giving support. Share it with your sitting state representative and state senator. Message us or post their responses. Be sure to include their name, party affiliation and senate or house district number.
It’s time to shake out the talkers from the walkers and yodelers.
Not sure who represents you in Tallahassee?
Find your state senator here:


A bill to be entitled
An act relating to federal regulation of firearms; providing a short title; providing legislative
findings; creating s. 790.—, F.S.; prohibiting specified actions to enforce certain federal regulations of firearms and ammunition; providing for loss of position or office of an agent or employee of the state who violates the prohibition; providing a directive to the Division of Law Revision and information; 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 Amendment  Preservation Act.”
Section 2.
This act shall have no effect on the right to keep and bear arms pursuant to
the Florida Constitution and  defined by state law.
Section 3.
The Legislature finds that the Second Amendment to the United States Constitution reads as follows: “A well  regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not
be infringed.” The Legislature finds the enforcement of firearms
and ammunition regulations remains a power reserved to the State
of Florida and the people therein.
Section 4. Section 790—, Florida Statutes is created to read:
790. Federal infringement of Second Amendment rights prohibited.
(1) Notwithstanding any provision of law, the State of
Florida and its agencies, political subdivisions, constitutional
officers, officials of its agencies and subdivisions, and their
successors, or an employee of such an agency acting in his or
her official capacity, or a corporation or person providing
services to or on behalf of this state shall not, concerning any
act, law, order, rule, or regulation, whether past, present, or
future, of the Federal Government relating to a personal firearm
or firearm accessory within this state that applies to a
personal firearm or firearm accessory based on the design,
features, or characteristics of the firearm or accessory:
(a) Enforce any such federal act, law, order, rule, or  regulation.
(b) Provide material support to, participate with, or assist, in any form, any federal agency or employee engaged in the enforcement of any such federal act, law, order, rule, or regulation or any investigation pursuant to the enforcement of any such federal act, law, order, rule, or regulation.
(c) Use any state assets, state funds, or funds allocated
by the state to local entities on or after the effective date of this act, in whole
or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the Federal Government in the enforcement of any such federal act, law, order, rule, or regulation or any
investigation pursuant to the enforcement of any such federal
act, law, order, rule, or regulation as these federal laws shall
not be recognized by this state, are specifically rejected by
this state, and shall be of no effect in this state.
(2) An agent or employee of this state who
knowingly violates subsection (1) shall be deemed to have resigned a
commission from this state that he or she may possess, and his
or her position or office shall be deemed vacant.
Section 5.
The Division of Law Revision and Information is
directed to replace the phrase “the effective date of this act”
wherever it occurs in this act with the date this act takes effect.
Section 6. This act shall take effect
upon becoming a law

There are no FLORIDA POLITICIANS supporting “Your Second Amendment Rights”

Now that we have your attention, please continue.

This past legislative season saw several gun bills described as Second Amendment bills. Now, with the campaigns for Governor and Agriculture Commissioner taking shape, the “defenders” of the Second Amendment are heralding their bona fides.  Adam Putnam in particular has featured his “pro Second Amendment” stance in his social media ads. Putnam  touts his tenure as Ag Commissioner and the increase in CCW permits issued during this time. As for CCW’s, they are personal choices and not a function of who is Ag Commissioner. It just so happens the legislature has assigned this function to the Department of Agriculture. We looked for bills he introduced as a federal congressman that would roll back federal infringements on the Second Amendment and found none. But enough about Mr. Putnam.

Let’s deal with those gun bills in the recent legislative session. The “pro” gun bills if you will, had nothing to do with the Second Amendment. They were expansions of Article 1 Section 8 of the Florida Declaration of Rights in our state constitution. That document empowers the legislature to address the manner in which the bearing of arms  may be implemented. Open carry is an A1 S8 of the Florida constitution, Declaration of Rights issue, not a 2A issue. Campus carry, same thing. It is the Florida legislature, not the federal government prohibiting the open carry of firearms and the carrying of firearms on campus. Unfortunately, the term “Second Amendment” has become a generic marketing ploy for all things pro firearms. Along the way the meaning, purpose and prohibitions of the amendment have gotten watered down and forgotten. The truth is there’s more marketing going on here than actual substance.

The Second Amendment as written is a prohibition on the federal government. In creating the Bill of Rights, the framers, life and death familiar with the threat of standing armies, wanted to make sure the new government they were creating could not infringe upon the rights of citizens to be armed. (This right was recognized in the sovereign states prior to the creation of  the voluntary union.) Armed you see, because they not only believed in the natural right of self defense, but they also knew that local militias, comprised of armed citizens would be the only bulwark against an out of control central government with a standing army. As Rob Natelson explains in “The Original Constitution, What it Said and Meant” (page 175): ” The activity prohibited was to “infringe.” The meaning of infringe in eighteenth century dictionaries was to violate a law or contract. A few sources gave a second meaning of “destroy,” which would imply that the amendment interdicted only legislation that completely destroyed the right. However, most dictionaries defined “infringe” to include intrusions less than total destruction. This suggests that it breached the Second Amendment to reduce in any way the right to keep and bear arms.” 

With that in mind, it is easy to see the federal government has been infringing on the right to keep and bear arms since it determined that sawed off shotguns are illegal and automatic fire weapons require a federal permit. Going back to the  National Firearms Act of 1934, the central government has continuously been re-defining the words the Second Amendment. The federals reduced this unlimited right to a privilege and they dole out this privilege in doses with which they feel the people can be trusted. Even Justice Antonin Scalia, considered by gun people to be a hero said this regarding the Second Amendment-It will have to be decided in future cases what limitations upon the right to bear arms are permissible,” he added. “Some undoubtedly are.”  

So, back to our Florida defenders of the Second Amendment. Anyone currently holding office or running for office in Florida who accepts federal infringements is not a defender or protector of ” Second Amendment Rights.” All federal firearms “laws” infringing on, diluting or destroying RKBA are in fact no law at all. A Federal Firearms License to own an automatic weapon? Infringement.

The only acceptable stance for a pro Second Amendment Florida politician  is to first acknowledge and denounce all current infringements, and to sponsor and/or support legislation in our state that frustrates current federal infringements on the right to keep and bear arms.  This includes the National Firearms Act, National Instant Criminal Background Search (NICS) the FFL requirement and any BATFE “agency rule” that violates the Constitution’s requirement that Congress shall make all law; and that law must be pursuant to the  Constitution. If they accept these infringements “as the law of the land” they are being disingenuous.

The wording to just such a bill was introduced into the Florida House in 2013 as the Florida Second Amendment Preservation Act. For various reasons that won’t be visited here, it was withdrawn by the House sponsor and his ten co sponsors. It never did obtain a senate sponsor.

So let’s get back to those politician supporters of our “Second Amendment Rights.” Maybe they should change their position to “I support a Right to Keep and Bear Arms.” From this statement they can go on to explain to to what degree they believe your freedom to keep and bear arms should be allowed. Better yet, they could talk about our state constitution’s Article 1 Section 8 and what they intend to do to remove those limitations.