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 NEWS RELEASE: May 29, 2002
 
Take the Clamps off Gun Locks
by Commissioner Carol A. Roberts

    I usually try to keep any criticism of our court system to myself, but sometimes decisions are handed down that make absolutely no sense to me, especially when they will likely result in more senseless deaths. I'm talking about requiring the use of trigger locks on handguns and other firearms.
    On May 21, the Board of County Commissioners very reluctantly agreed to repeal our County ordinance requiring guns to be secured with a trigger lock. The vote to rescind was 4-3. I voted against the repeal, along with Commissioners Addie Greene and Burt Aaronson. (This was a first reading; the second and final reading is on June 18.) I don't fault my other fellow commissioners who voted in favor. Basically, our hands were tied because we have to follow the law. And the current law, or at least the judges' interpretation of it, is the problem.
    Here's what happened: In October 2000, the BCC adopted Ordinance No. 2000-38. It required any firearm to be stored with a trigger-locking device, if kept in a location where a minor could possibly get a hold of it. Our ordinance was modeled after an identical one in South Miami and contained the same provisions.
    The National Rifle Association and the Unified Sportsmen of Florida successfully sued the city and got their ordinance thrown out on grounds it was unconstitutional. In March, the Third District Court of Appeal upheld the decision, noting that only the state can regulate firearms and ammunition, not local jurisdictions. The Florida Attorney General, the chief law enforcement officer in the state, said publicly he would not support appealing the ruling. Because of this, our County Attorney advised us to repeal our ordinance, otherwise we too would be facing a costly lawsuit we very likely cannot win.
    What I find most frustrating is that the courts never said this gun lock law was a bad idea, only that local governments can't enact or enforce it. The ordinance in no way infringed upon Second Amendment rights, as the NRA claimed. What it did was provide another level of safety by reducing the risk of unintentional shootings. Who could possibly be opposed to that?
    At any rate, it's now up to our state lawmakers. They are the ones who have the power here, according to the courts. I urge each and every one of you to call and write to your local state representative and senator. Tell them you want this gun lock law back on the books. I know there is public support for gun safety, as evidenced by the more than 24,000 free gun locks and 2,500 gun safety videos the Sheriff's Office and local police departments have given away in Palm Beach County in the past 18 months.
    I can't help thinking that if we'd had this law in place on that last day of school two years ago, Nate Brazill wouldn't be facing life in prison and his teacher, Barry Grunow, would still be alive.

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