St. Petersburg City Council July 2016

Writing for the Tampa Bay Times, columnist John Romana claims that a law to protect the Second Amendment diminishes the First Amendment. The statute in question, passed by the Florida legislature in 2011, makes it illegal for local governments to pass regulations and ordinances dealing with guns, gun possession, anything to do with guns.

The Sunshine State’s new gun control preemption law was passed in reaction to politicians in large urban centers persistently ignoring the previous preemption law. Local ordinances and regulations created a patchwork of firearms law that entrapped Floridians exercising their Second Amendment rights.

Mr. Romano highlighted the “plight” of Lisa Wheeler-Bowman. The St. Petersburg Councilwoman wanted to pass a resolution to create a special legislative session to pass a resolution on “gun violence prevention.”

The legislative powers-that-be told Ms. Wheeler-Bowman that such a resolution, because it dealt with guns, might be illegal. It might subject her to fines or a lawsuit. It probably would not, but there was a possibility.

The preemption statute does not interfere with Ms. Wheeler-Bowman’s First Amendment rights. It hindered her power to pass a resolution, to take official action as member of a governmental body.

The First Amendment does not protect governments. It protects people. She can talk about the Second Amendment all she wishes. Governments have powers. People have rights. From tampabay.com:

When City Attorney Jacqueline Kovilaritch alerted Wheeler-Bowman to the potential ramifications of passing even a non-binding resolution related to firearms, she said she decided to pull the discussion from today’s agenda.

This isn’t the first time common sense has been stifled by this NRA-supported law. This was the same law that cops around the state once said left them powerless to shut down backyard gun ranges.

Passing resolutions about guns may or may not be covered under the preemption law. If politicians want to talk about guns, they can talk about guns all they want. Using their governmental power to legislate about guns has been placed out of bounds by the Florida legislature, and for good reason.

Our government is meant to be limited in its power. That is what checks and balances are all about. Local governments are not supposed to infringe on Constitutionally protected rights. It is reasonable and responsible for state governments to protect those rights.

When I tuned into the St. Petersburg City Council, there was a woman reading a statement calling for more restrictions on Second Amendment rights. Her First Amendment rights did not seem impaired at all. “Progressives” deliberately confuse individual rights with government powers. Limiting government power does not limit individual rights.

Governments are frequently attacking the First Amendment rights of Second Amendment supporters.

California forbids gunshops to display a picture of a handgun outside of the shop.  In several cities, Second Amendment supporters have had to sue city governments to allow advertising for firearms on city venues. Alan Korwin recently won one of these lawsuits in Phoenix. Local government representative and anti-Second Amendment activists applied political pressure to force an airport to take down an advertisement for guns in Columbia, SC.

In Texas, three anti-Second Amendment professors claimed that exercising Second Amendment rights (even while concealed) inhibited their First Amendment rights.

Limiting government power is designed to protect individual rights. Limiting the power of local governments to infringe on the Second Amendment does not limit the First Amendment right of any individual.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch

49 Responses to Doublespeak: Columnist Claims Protecting the Second Amendment Diminishes the First

  1. Black live matter

    This is why you can’t have nice things TTAG you’re too predictable

      • Oh good catch it was supposed to say “you stupid rednecks can barely read and you think you’re interpretation of the second amendment which ignores nearly half of the words in the amendment is authoritative?” I must have bumped a letter there. Hey, which militia are y’all in again?

        • That would be “the people”…

          But please, keep pretending that ghetto trash gets to dictate to me about my rights. I haven’t had a good laugh in a while.

        • spending all your time trolling a gun blog instead of going to work is the reason you are poor.

        • “you’re interpretation”
          I’m sure you meant to type “your interpretation” which would be at least literate.

          To answer your question, I am a member of the unorganized militia, which is specifically codified in federal law. 10 U.S. Code § 311

          (a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
          (b) The classes of the militia are—
          (1) the organized militia, which consists of the National Guard and the Naval Militia; and
          (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

        • You are aware that in 1776 the word “Regulated” had nothing to do with government restriction, right?

          “Well Regulated” simply meant properly functioning – working effectively.

          The following are taken from the Oxford English Dictionary, and bracket in time the writing of the 2nd amendment:

          1709: “If a liberal Education has formed in us well-regulated Appetites and worthy Inclinations.”

          1714: “The practice of all well-regulated courts of justice in the world.”

          1812: “The equation of time … is the adjustment of the difference of time as shown by a well-regulated clock and a true sun dial.”

          1848: “A remissness for which I am sure every well-regulated person will blame the Mayor.”

          1862: “It appeared to her well-regulated mind, like a clandestine proceeding.”

          1894: “The newspaper, a never wanting adjunct to every well-regulated American embryo city.”

        • The only person ignoring anything in the 2A is you. The right of the people….not of the militia…not of the military…etc.. An armed citizenry is required to form a militia should the need arise, therefore the right of the people to keep and bear arms shall not be infringed. If you had ever spent any time at all learning to read English the meaning of the 2A wouldn’t be so confusing for you. Maybe you can take an online class or something. It’s never too late to learn.

        • Guys, you do realize that RacismIsTheOnlyReasonMostOfYouArentPoor is not interested in the truth, the facts, that disprove his beliefs?

        • I am a member of the unorganized militia. Next question?

          Question for you:
          Incompetence, coercion, bribery, failed protocols, lack of political will, or an unprecedented enemy strike could render our military impotent … therefore requiring the militia to keep our nation free. How can we become an organized militia and defend our nation if we have no arms (as in firearms, cannons, artillery, etc.)?

          Final question for you:
          Why is my last question irrelevant with respect to my right to do whatever I please — including keeping and bearing firearms — so long as I do not harm anyone?

        • Many of us (myself included) are members of the militia defined in U.S. Code Title 10 Subtitle A Part I Chapter 13 § 311.

          Any more questions?

        • Missouri Militia, formerly Co. D 8th Brigade, now operating as a two-county combined platoon affiliated with other similarly-sized outfits in other counties. Kindly learn reading comprehension, as you appear to be confusing an explanation for a limitation.

        • Gun control is inherently racist. The very first gun control law in America prohibited free blacks from keeping and bearing arms.

        • “you stupid rednecks can barely read and you think you’re interpretation of the second amendment which ignores nearly half of the words in the amendment is authoritative?”

          Because, it’s not like the authors of the second amendment didn’t make the intent abundantly clear in the federalist papers.

        • And because nobody mentioned it, here’s the most powerful constitutional argument against gun control:
          Even if there was no mention about the right to keep and bear arms in the bill of rights, where does any government get the right to tax, ban, or otherwise restrict arms?
          The constitutional powers of the government, as Madison clearly wrote, are “few and defined”. Article 1 Section 8 enumerates these powers. It is an exhaustive list. None of those few defined powers allow for the taxation, ban, or other restriction of the manufacture, purchase, sale, transport, carriage, or usage of weapons. So without an amendment giving the government that power, similar to how the 18th gave congress the power to tax and ban alcohol, it cannot constitutionally restrict firearms.
          <mic drop>

        • When we cite the Second Amendment the cite it in its entirety: “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.” You see, we have memorized this amendment. When we cite a portion of the amendment we begin with …the right or …shall not. The ellipses indicate that we are citing a portion of the whole while not ignoring the whole.

          Unlike you who so blithely ignores the large portion of the Heller decision in which the Supreme Court goes to extreme lengths to explain why the Second Amendment is an individual right and that the militia portion is a prefatory statement giving a reason for the amendment, not the active portion of the amendment.

          As for the militia, historically and by legislation the Militia is composed of almost every able-bodied man AND those men were expected to show up with their own weapons. That being the case, how could a militia exist if the PEOPLE did not have the right to keep and bear their own arms. Secondly, since a militia was thought necessary to oppose a tyrannical government, should (another) arise, how would it make any sense at all to suggest that the militia itself, and the rights of the people to their arms, should fall under control of that same potentially tyrannical government? Hence the inclusion of the non-ambiguous terminology, “…shall not be infringed.” (See what I did there?)

        • Generally, when I call someone a stupid redneck, I make sure I check my spelling. Let’s see: You’re interpretation, or your interpretation? Maybe yore interpretation? Nah.

          Wow. That’s just too difficult to figure out.

          At any rate – you’re an idiot.

        • Michael Brown was a violent felon. Hands up, don’t shoot is a lie.

          You can draw your own conclusions about BLM. I’ve pointed you in the proper direction, let’s see if you can make it.

        • The 1st Unorganized People’s militia.
          We’re very accepting.
          I may get a transfer over to Uncle Sam’s Misguided Childrens weightlifting, running, and shooting club.
          They’re less accepting, but you get paid there! In money!

      • Black lives matters is the group that takes offense to the less than 1% of all blacks that gets killed by cops. They are silent when blacks kill each other but when a black gets killed resisting arrest or going for a gun they sceam and yell and act like it’s worse than the hollocost.
        They slaughter each other every day in every major city and blm says nothing. They can’t play the victim card on black on black. Doesn’t get them anything other than the truth of people saying stop the gang mental and hood mentality. Stop the single mother homes in the black community because the truth is its obvious that all that leads to a majority thug culture.

        • That may be freely shared with anyone. (Attribution would be nice, tho.)

          I have my Nomex on, I’m expecting a ‘spirited pushback’ on that… 🙂

    • ” I am superior to you.”

      You have a long, long way to go on that one.

      BTW, that’s called a ‘Superiority Complex’ son, look it up.

      A legend in your own tiny mind…

      *snicker*

  2. Just as we see the liberal ass fucks trying to say the Islamic attack in Germany is a possible right wing attack. Bull shit. Liberals are so god damn dumb it hurts.

  3. Ah… For everybody who ever uses Politifact as an arbiter of “truthiness”… This birdcage liner manufacturer is owned by the same people.

  4. This isn’t the first time common sense has been stifled by this NRA-supported law. This was the same law that cops around the state once said left them powerless to shut down backyard gun ranges.

    What’s with the hate on back yard shooting ranges. I have one. It’s nice and I’m glad the cops are powerless to shut it down.

  5. Any time anyone uses the phrase “common sense,” I immediately stop paying attention to them. “Common sense” is a mindtrick word meant to make you switch off your critical thinking skills, and people only want to do this when they don’t have your best interests at heart.

  6. Someone is using Ubuntu according to the photo. Kudos to them.

    Anyway this woman is our town idiot the south of Central avenue crowd voted for:

    http://www.stpete.org/council/district_7.php

    Notice the level of education, or lack of, in her bio? Romano is also another idiot since freedom of speech is to be free of prior restraint from the government. Government can, and frequently does, restrict its own speech.

    • “Someone is using Ubuntu according to the photo. Kudos to them.”

      This past week on my other ‘puter I have been trying my damndest to get the hang of Ubuntu 14.0 something long term release, and frankly, its kicking my ass *hard* with the gyrations to just get simple programs running on it. It installed just fine and for all practical purposes configured very well, but something dirt simple like trying to find what folder to stuff my MAME ROMs into it driving me batshit…

      • There are no folders per say, everything is a directory or a file. Learn how to use the command line in a terminal. You don’t need it per say, but it makes life a lot easier for quick simple tasks.

        For installing software don’t use the Ubuntu software center, use Synaptic. A simple interface that works without all the clutter.

        I’ve been using Ubuntu since Breezy, which is 5.10 for everyone else. In fact on my media center/server I’ve upgraded in a continues line from Breezy all the way up to Xenial, the OS has never been re-installed.

        Don’t give up. Linux can be a steep hill to climb, but you only have to do it once.

      • Geoff keep at it! – there is a learning curve but it just will take you a little effort and trial and error, once past this you will never go back. I have been using Linux of all flavors since before the internet was cool, and there is a reason UNIX has been so successful, it’s because it makes the computer work for you, not just do what some design team at Microsoft or Apple decide you should be able to do.

        Not to push Google but look at the difference between Android phones and Iphones. On Android (which is just Linux underneath) you have the ability to find your files and copy them to/from your device with various different protocols out of the box. On an Iphone this is something that you simply cannot do unless you purchase an app.

        As to your need to find a folder – you can always open up a shell and look around, again, yes there is a learning curve but trust me it’s not that difficult and when you start to ‘get it’ all your doubts will fall away. What you are looking for is probably in your Desktop or Downloads folder, try there first. ‘ls’ is your friend (‘man ls’ if you need to).

        Worst case you can do this:

        $ find ~ -name ‘WHAT YOU ARE LOOKING FOR’ 2>/dev/null

        or even worster case;

        $ find / -name ‘WHAT YOU ARE LOOKING FOR’ 2>/dev/null

        (You type in what comes after the ‘$’ … )

        If you know that stuff already excellent, if it looks like computer mumbo-jumbo it kind of is, but trust me, it’s not that tricky and with some google searching, trial and error you will get it much faster than you think.

        Another thing – you may want to look at Mint, which is just a version of Ubuntu but has much better device configuration built into the install process and is better at being an Out of the Box working OS.

        Sorry to go off topic here, I’m just a real Linux fanboi and would love to help out if I can. 🙂 Anyway, good luck!

  7. 1) Ignore the troll everyone. Trolls thrive on attention, and so long as someone acknowledges their presence they feel justified.

    2) It’s clear to see that those adverse to gun rights are losing. Why else would they be making such ridiculous claims?

  8. Apparently, the entire Bill of Rights tramples on the First Amendment with regard to legislators. This woman is unbelievable.

  9. What the hell version of Ubuntu are you using? It hasn’t shipped with the Ubuntu One app since 14.04. It’s now on 16.04. Join us in the future, Dean. We still have guns here.

    Seriously though, upgrade your OS. That version of Ubuntu has known security issues.

  10. In the state of California two homosexual black men with card board cut outs of AR15s with JPFO stickers attached and pro 2A language would be arrested.

    But two white homosexual men holding hands and carrying signs about acceptance would be just fine with the state government.

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