Bill could shield Florida gun owners from federal bans, confiscation


Supporters say the ‘Second Amendment and Firearms Protection Act’ will prevent “federal overreach.”

by Lee Williams

Firearms, ammunition and accessories manufactured in Florida and sold in Florida should be immune from federal regulation, bans and confiscation, according to the draft of a bill being promulgated by the Southwest Florida Citizens Alliance, a coalition of grassroots groups and individuals based in Lee and Collier Counties.

The Second Amendment and Firearms Protection Act takes on the federal government’s issue of overreach in two specific areas,” says SWFL Citizen’s Alliance spokesman Keith Flaugh. “It declares weapons and ammo manufactured in the state as intra-state commerce. Secondly, it’s very clearly a states-rights bill. It’s very positive legislation and a needed step on many fronts.”

The draft bill is patterned after laws already in effect in Kansas and nine other states, which use the Ninth and Tenth Amendments to declare any infringement of a citizen’s right to keep and bear arms unconstitutional.

The bill would protect Floridians in the event that an executive order is issued or a federal law is passed that targets specific firearms, ammunition or magazines.SONY DSC

“It’s a tool for the (Florida) Attorney General to stop federal overreach if the federal government tries to confiscate or regulate firearms that are manufactured in the state, stamped with ‘Made in Florida’ and do not leave the state,” Flaugh said.

The draft bill makes any such interference a class-three felony.

What the proposed legislation does not do, Flaugh explained, is interfere in any way with controls and background checks required by law.

“This would change nothing at the street level for law enforcement,” he said. “It gives people a right to own a firearm without worrying about federal intervention.”

According to the SWFL Citizens’ Alliance, 10 states have passed similar legislation and 14 more have bills in one of both houses. Rep. Dane Eagle, R-Coral Gables, has agreed to sponsor the bill.

The group hopes to get their bill into the 2014 legislative cycle.

“A number of different politicians are concerned that with all of the brouhaha over the ‘Stand your ground’ law, this may not be the right time to introduce the bill, but our collective view is that the best defense is a good offense,” Flaugh said. “These are really two very different issues. ‘Stand your ground’ is a law that deals with human behavior. The Second Amendment and Firearms Protection Act is simply a tool for the Attorney General and prosecutors of the state to ‘stand down’ any federal overreach of the Commerce Clause and the Second Amendment.”

The mission of the SWFL Citizens’ Alliance is to “advance the ideals and principles of liberty including, but not limited to, individual rights, free markets and limited government through education, outreach and community involvement.”


About Author

Lee Williams can’t remember a time in his life when he wasn’t shooting. Before becoming a journalist, Lee served in the Army and worked as a police officer. He’s earned more than a dozen journalism awards as a reporter, and three medals of valor as a cop. He is an NRA-certified law enforcement firearms instructor, an avid tactical shooter and a training junkie. When he’s not busy as a senior investigative reporter, he is usually shooting his AKs, XDs and CZs. If you don’t run into him at a local gun range, you can reach him at 941.284.8553, by email, or by regular mail to 1777 Main St., Sarasota, FL 34236. You can follow him on Twitter: @HT_GunWriter and on Facebook @The Gun Writer.


  1. Pingback: FL: Bill could shield state's gun owners from federal bans, confiscations, exec orders. | The Gun Feed

  2. This is a stupid bill. It’s stupid mostly for what it ALLOWS. It allows Congress to continue micromanaging every individual’s affairs and only says “but not when it comes to guns that don’t cross state lines”. It’s written by people who don’t understand what Congress’ power to regulate interstate commerce means, and it’s supported by people who similarly don’t have a clue.

    Congress was given power to reg. I/C to prevent STATES setting up trade barriers. It was NEVER meant to give Congress a veto over interstate sales.

    If you want to fix a problem worth fixing, fix THAT one.

  3. Not a stupid bill at all.
    Floridians govern Florida, other state are the business of people who live in there.
    Washington should have very little impact on what happens in this state, nor should we be able to tell other states what to do.
    If you believe Washington should leave us alone you’re right.
    But we in turn should mind our business and let Washington DC and the other states do what they want.
    Even if that means being idiots, as most are likely to do.
    Our ability to write and enforce law ends at the state line.

  4. Pingback: UPDATE: Federal court strikes down 'Firearms Freedom Act' - The Gun Writer

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