Misguided gun law shoots down local voices
Editor’s note: In 2015, the Republican-led Nevada Legislature passed a putrid statute barring local governments from passing gun safety measures that would be more prohibitive than those already imposed by the state.
Gov. Brian Sandoval signed it, but hardly anybody paid attention until after the Oct. 1 shooting. That’s when Clark County Commission Chairman Steve Sisolak and Las Vegas City Councilman Bob Coffin tried to propose an ordinance banning bump stocks, but were informed by staff about the statute.
Lawmakers could take up the issue during the 2019 legislative session, where it could be reeled back if Democrats this year retain the majority they won back for 2017 and if a Democrat is elected governor.
As food for thought on a possible alternative, we present excerpts of this recent editorial from the Tampa Bay Times. anning guns from parks or other public places within a city would be reasonable gun safety measures for local governments to enact. But reason is hard to come by in the polarizing gun control debate, and state law prohibits even modest local protections and includes punitive steps against local officials who dare to try. A lawsuit challenging parts of that law by St. Petersburg Mayor Rick Kriseman and other Florida mayors is another protest against top-down government and another push for commonsense gun controls that would be more effective if they were statewide or national.
At issue is a 2011 state law creating unprecedented penalties against local elected officials who try to enact stricter firearms regulations than state law provides. The sanctions, as the suit describes them, are “vindictive and expressly intended to be punitive” and include removal from office and a $5,000 fine. They’re also insidiously unique: Any other local ordinance that attempts to supersede state law is simply declared null and void.
In the wake of the Marjory Stoneman Douglas massacre and the public outcry for more effective gun controls, mayors and council members from 10 South Florida cities sued Gov. Rick Scott and other state officials seeking to have the law overturned. … The mayors’ reasons are not just philosophical. Miami Beach is prevented from banning guns in City Hall. Miramar cannot establish its new 5,000-seat amphitheater as a gun-free zone.
Cities and counties should have the authority to set the rules for venues within their boundaries, including determining whether guns are allowed in public spaces such as parks or civic centers. And of course, they should be able to pass such regulations without the threat of a fine or being kicked out of office. But far-reaching actions such as a ban on assault-style rifles should be handled at the state or, better yet, national level. A ban in Georgia is rendered meaningless if AR-15S are easily purchased next door in Alabama.
If the cities’ lawsuit succeeds, it could ultimately give Floridians more power to determine how guns are regulated in their communities. … Even better, the mayors’ efforts should send another clear signal to state legislators that local communities want them to enact more sweeping gun controls.
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