Destroy the Second Amendment, Then Target the First Amendment… Oh wait; Democrat, Florida State Senator Jason Pizzo, isn’t willing to wait on that process. He is going directly after the First Amendment as a means of destroying the Second Amendment via gun images.
(1) A minor who posts or publishes a picture of a firearm, a BB gun, an air or a gas-operated gun, or a device displayed to resemble a firearm to a social media page, post, profile, or account that is openly viewable to the public commits a misdemeanor of the first degree, punishable [by up to a year in jail or a fine of up to $1,000].
(2)(a) Any parent or guardian of a minor, or other adult responsible for the welfare of a minor, if the minor possesses a firearm in violation of this section, may, if the court finds it appropriate, be required to participate in classes on parent education which are approved by the Department of Juvenile Justice, upon the first conviction of the minor. Upon any subsequent conviction of the minor, the court may, if the court finds it appropriate, require the parent to attend further parent education classes or render community service hours together with the child.
(b)The Department of Juvenile Justice may establish appropriate community service programs to be available to the alternative sanctions coordinators of the circuit courts in implementing this subsection. If the department does not do so, the juvenile justice circuit advisory board in each circuit must establish such program in that circuit. The boards or the department shall propose the implementation of a community service program in each circuit, and may submit a circuit plan, to be implemented upon approval of the circuit alternative sanctions coordinator.
(c)For the purposes of this subsection, community service shall be performed, if possible, in a manner involving a hospital emergency room or other medical environment that deals on a regular basis with trauma patients and gunshot wounds.
(3) Any firearm that is possessed or used by a minor in violation of this section shall be promptly seized by a law enforcement officer and disposed of…
I am not a Constitutional Attorney, nor did I sleep in a Holiday Inn Express last night. However, it is quite obvious to me that this bill has a very direct chilling effect on both First and Second Amendment rights.
Posting of a picture on a publicly viewable platform is punishable by up to 365 days in jail or a $1,000 fine. Never mind, the picture is of a perfectly legal activity in all other aspects than under this proposed law.
Note: This penalty is for the minor who posted the picture. Also note that in most states, juveniles routinely skate on such minor infractions as grand theft auto, drug dealing, and strong arm robbery.
Then after the child is convicted, the parent will be, at the court’s discretion, sent to re-education classes supervised by the Department of Juvenile Justice. The courts would also have the option of imposing community service on the parent. This would take the form of time spent working a hospital trauma ward, in the violent section of town.
The sales tax on ink was deemed unconstitutional when applied to the ink used in the publishing of newspapers and magazines. It was listed as having a chilling effect on the ability to publish and placed an undue governmental burden on the exercise of free speech. Now this political dunce thinks he can impose a prison term on those who post pictures of shooting sports, hunting, new firearm purchases, passing of a CCW class.
I seriously doubt this law will pass; but I also did not believe Florida would pass “Red Flag Laws” with zero provision for due process. You have been warned, again.
While we may all agree that this proposed law has little chance of passing or being upheld, it does show the depths and lengths the anti-gunners will go to. What is the worst anti-Second Amendment law that has been proposed in your state? Call out your state and the proposal in the comment section.
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