Saturday, December 21, 2013

A whole new kind of preemption....

A few thoughts - for those states that allow voters to modify their constitution, the below "amendment by initiative" might not only be fun, but entire new level of preemption, with fangs even sharper than those of the Florida statute.
  1. Neither the legislature nor the people of < State > nor any political subdivision or agency of the State of < State > shall have any authority to regulate or enact any legislation regarding the possession, purchase, sale, method of storage or carry, or design or mechanism of function of any knife, dirk, dagger, sword, machete, martial arts weapon, nun-chuks, club, baton or firearm. Any statute or ordinance in force at the time of passage of this amendment shall be immediately null and void, and no person shall be prosecuted or suffer any liability from violating such ordinances or statutes.
  2. Neither the legislature nor the people of < State>  nor any political subdivision or agency of the State of < State>  shall have the authority to either mandate or forbid any sort of liability insurance for persons owning, purchasing, possessing, or selling any item described in Section 1.
  3. Nothing in Section One shall be interpreted to deny the Legislature or other bodies from enacting laws barring felons and those adjudicated as insane from the possession of arms. Neither shall the Legislature nor any subordinate elected body be barred from enacting laws that forbid objectively described specific acts of violence, so long as those laws address only the act of violence or injury resulting therefrom and the penalty therefore and not the implements of violence employed.
  4. Any citizen shall have standing to file a complaint of violation of this Article before any court of record in the State of < State> regardless of their county of residence. Should the court sustain a finding that the elected officers or body in question have by regulation or passage of law violated this article, the complainant shall be awarded not less than of ten ounces of gold or the equivalent value in common currency from each person who shall have voted to pass such law or regulation and from each person who shall have made executive approval and each person who shall have acted to enforce such ordinance, statute or regulation. No governmental funds may be utilized in paying such penalties.
  5. The provisions of this amendment supersede any other provisions of this constitution. Should the charter of any city or county be found in conflict with these provisions, such charter shall be null and void in its entirety and the chartered body considered dissolved with its assets sold at public auction and any monies surplus from such sale after payment of obligations distributed equally among such bodies former constituents. Should any provision of this amendment be found invalid or unconstitutional by any court, all remaining sections shall remain in operation.

No comments: