Trigger-lock ordinance of the City of South Miami "null and void"

In an opinion handed down on Wednesday, the Florida Court of Appeal for the 3rd District found the trigger-lock ordinance of the City of South Miami "null and void" under Florida`s preemption statute. The lawsuit against the ordinance was brought by the NRA, Unified Sportsmen of Florida, and individual plaintiffs. The ordinance -- which was proposed by Miami-Dade`s anti-gun Mayor Alex Penelas and supported by an opinion issued by Florida`s anti-gun Attorney General Bob Butterworth -- purported to require that every firearm, without exception, be stored with a trigger lock. No exception existed for firearms stored in a safe, antiques, or firearms kept accessible for self defense.

The trial court had originally dismissed the suit as "unripe" because no person had been prosecuted yet, but the Court of Appeal reversed that decision, not only deciding that the case was ripe for decision, but also ruling on the merits that the ordinance is invalid. The case was sent back to the trial court for further proceedings consistent with the opinion, meaning a formal judgment in favor of the plaintiffs (NRA and law-abiding gun owners) and against the City must be entered by the trial judge.

NRA Past President Marion P. Hammer, commenting on the ruling, stated, "City and county officials are not above the law. There was really no other way [the court] could rule because the statutes are abundantly clear." Similar trigger-lock ordinances have been passed by other jurisdictions besides the City of South Miami, and the decision of the Court of Appeal in this case makes clear that these ordinances are also without legal authority.

ATTEND TOWN HALL MEETINGS

Congress is scheduled to go on break for its Spring District Work Period from March 25 until April 5. Please contact your lawmakers` district offices and ask if or when they plan to hold town hall meetings during the Spring recess. If you do not know the number for your lawmakers` district offices, you can use the "Write Your Reps" tool at www.NRAILA.org, or call the NRA-ILA Grassroots Division at (800) 392-8683.

In addition to attending meetings and speaking out in support of our Right to Keep and Bear Arms, please forward the dates, times, and locations of any town hall meetings to your family members and friends who support the Second Amendment, and to the NRA-ILA Grassroots Division, so we may share this information with the pro-gun community.

Please forward this information to the Grassroots Division by calling our toll-free number, faxing to (703) 267-3918, or by sending an e-mail to [email protected]. You can find listings of the town hall meetings we know about by going to www.NRAILA.org. Select the section called "Take Action," then choose either the "Attend Town Hall Meetings" in the center of the screen, or the "Event Calendar" option on the left side of the screen.

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