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NEWS RELEASE: May 29, 2002 |
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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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