Ordinances. Its all in the ordinances. Past SCOTUS cases (I could tell you exactly which ones if you'll give me time to find and read through my Planning Law notes) established long ago that planning and zoning is prescriptive in the absence of specific restrictions, so without an ordinance specifically saying 'no gun ranges' a city cannot prevent something from happening on private property. A lot of cities have ordinances that say firearms cannot be discharged within city limits, though, and that also works.
The state law makes it a bit difficult here, but I would think a noise ordinance could be used to circumvent this (unless the law in question has that covered). I would think that any law that keeps 20-year-old Cadillacs with 22" rims from rolling through the neighborhood blaring Pusha T could be applied here, too (note: have not read the Florida law in question, so just guessing).
I wonder what would happen if a bunch of neighbors got together and sued this guy for lowering their property values? Might not fly in the courts, but lawsuits don't have to get to the courts to work...
In the south, I am afraid, that is shaping up to be the genuine philosophy. I recall a lawmaker once suggesting that his state should pass a law making it mandatory for everyone to carry a gun, or maybe it was enough just to have one. It seems to be as important to them as being anti-abortion. It is odd.
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timeasmymeasure
no subject
Date: 2014-02-06 04:22 pm (UTC)Ordinances. Its all in the ordinances. Past SCOTUS cases (I could tell you exactly which ones if you'll give me time to find and read through my Planning Law notes) established long ago that planning and zoning is prescriptive in the absence of specific restrictions, so without an ordinance specifically saying 'no gun ranges' a city cannot prevent something from happening on private property. A lot of cities have ordinances that say firearms cannot be discharged within city limits, though, and that also works.
The state law makes it a bit difficult here, but I would think a noise ordinance could be used to circumvent this (unless the law in question has that covered). I would think that any law that keeps 20-year-old Cadillacs with 22" rims from rolling through the neighborhood blaring Pusha T could be applied here, too (note: have not read the Florida law in question, so just guessing).
no subject
Date: 2014-02-06 05:55 pm (UTC)have pretty much given the full right of way to guns over peace
in the neighborhood.
no subject
Date: 2014-02-06 07:01 pm (UTC)no subject
Date: 2014-02-07 11:49 pm (UTC)no subject
Date: 2014-02-07 11:54 pm (UTC)I recall a lawmaker once suggesting that his state should pass a law making
it mandatory for everyone to carry a gun, or maybe it was enough just
to have one. It seems to be as important to them as being anti-abortion.
It is odd.