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Florida Attorney General Ashley Moody has filed a lawsuit alleging that the U.S. Department of Justice is improperly preventing the state from investigating an alleged assassination attempt last month against former President Donald Trump.

Lawyers in Moody’s office filed the lawsuit Wednesday in federal court in Fort Pierce against U.S. Attorney General Merrick Garland. The lawsuit alleges that the FBI, which is part of the Department of Justice, has blocked state authorities from investigating whether accused gunman Ryan Routh committed violations of state law.

Routh, 58, was spotted by a U.S. Secret Service agent hiding with a rifle in shrubbery along Trump International Golf Club in West Palm Beach, ahead of where the former president — and current Republican presidential nominee — was playing golf.

A Secret Service agent fired at Routh, who fled and was captured after driving away.

Federal officials have filed charges against Routh, but Moody contends that a state probe could lead to additional charges, potentially including attempted murder.

“Every day that Florida is prevented from investigating, the state’s case becomes harder to prove at trial,” the lawsuit said. “By contrast, the federal government suffers no injury from Florida investigating state law crimes, as the state has no intention of interfering with or obstructing the federal investigation.”

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Sunday Forum for September 22, 2024 8am

Sunday Forum for September 22, 2024 9am

Russia makes a deal to refine Congolese oil garnering a 90% dominant ownership of the newly planned refinery. The Forum discuss new colonialism and violence as a detriment to culture and community.

Callers discuss the partial court victory of the Uhuru Three on trial for conspiracy with Russian agents. Uhuru House flies the African International flag.

Walter announced the official re-naming of Albany Street in Tampa, FL after his father, Walter L Smith. He was a former president of Florida A&M University.

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It’s been less than two weeks since a Georgia school shooting that killed four and injured nine others—and six years since a shooting at Florida’s Parkland school shooting that killed 17 people.

Rep. Christine Hunschofsky, a Democratic lawmaker from Broward County, was the Mayor of Parkland in 2018 and joined The Skinny to talk about the state of Florida school safety in 2024.

Hunschofsky, discussed the effects of the Marjory Stoneman Douglas High School Public Safety Act and what she’s telling parents in the wake of another shooting.

On the second half of the show, Thomas Feiter—an Orlando attorney who lost in last month’s Republican primary for state attorney in Florida’s Ninth Judicial Circuit—discussed his lawsuit claiming that the DeSantis administration interfered in the race.

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By Jim Saunders ©2024 The News Service of Florida

TALLAHASSEE — The Biden administration this week urged a judge to toss out a Florida lawsuit challenging a new federal rule that will require more gun sellers to be licensed and run background checks on buyers.

U.S. Department of Justice attorneys Monday filed a 22-page motion in federal court in Tampa arguing that Florida does not have legal standing to challenge the rule, which was finalized in April by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.

Florida Attorney General Ashley Moody filed the lawsuit on May 1, in part alleging that the rule will force the state to handle a “surge” in requests for background checks. The Florida Department of Law Enforcement conducts checks.

But in the motion, Justice Department attorneys described such potential effects as “self-inflicted” because the FBI could do the background checks for the state. It said Florida “has made the voluntary decision to add a layer of bureaucracy” and, as a result, does not have standing to challenge the rule.

“The Federal Bureau of Investigation operates the federal firearms background check system and offers full background check services to states for free,” the motion said. “The majority of states rely on the FBI to conduct background checks, and those states incur no costs or burdens relating to background checks. The federal government has not forced Florida to conduct background checks; Florida has voluntarily taken on that burden.”

Florida and other Republican-led states have filed lawsuits challenging the rule, which is an outgrowth of a 2022 federal law, known as the Bipartisan Safer Communities Act, that made changes to the longstanding background-check system. The Bureau of Alcohol, Tobacco, Firearms and Explosives developed the rule to carry out the law.

When the rule was finalized, the Biden administration said it was designed to close “loopholes” in the system that requires licensed gun dealers to run background checks. An overview posted on the White House website said “a growing number of unlicensed sellers continue to sell firearms for profit to complete strangers they meet at gun shows and online marketplaces, which has been a critical gap in the background check laws.”

In part, the rule changed a definition of being “engaged in the business” as a firearms dealer who needs to be licensed, according to Monday’s motion. The revised definition applies to a “person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit through the repetitive purchase and resale of firearms. The term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of the person’s personal collection of firearms.”

Justice Department attorneys argued in the motion that the definition closely tracks the 2022 law. But Florida’s lawsuit said the rule goes “far beyond” the law and violates what is known as the federal Administrative Procedure Act.

As an example, the lawsuit partially quoted federal law and said the rule “obliterates the exception to the definition of ‘dealer’ for ‘a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.’”

“Many gun owners buy and then resell firearms,” the lawsuit said. “Sometimes they do so only to add to their personal collection. … (However), sometimes increasing the value of that collection is one of their motives — just as collectors of other items hope their collections will gain value and potentially be resold for a profit.”

Standing is an initial threshold that judges consider in whether lawsuits should move forward. While Monday’s motion focused on the standing issue, Justice Department attorneys also called the state’s arguments about the Administrative Procedure Act “meritless.”

The case is assigned to U.S. District Judge Charlene Edwards Honeywell, who had not scheduled a hearing as of Wednesday morning, according to an online court docket.

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VP Kamala Harris has her first campaign stop today in MilwaukeeOver the next few months, Kamala Harris will travel across the country to talk to Americans about everything on the line this election.

Florida Democrats throw support behind Harris as presidential nomineeWMNF’s Chris Young reports as of yesterday, 236 Florida delegates and counting have pledged support to the Vice President.

Local organization spreads awareness of gun violenceD’Andra Todd founded the Sean’s Love Project after her son became a victim of gun violence. Todd and other groups, held a community event to highlight the importance of gun violence prevention and victim support networks.

Anna Paulina Luna calls for charges against Secret Service Director U-S Secret Service Director Kimberly Cheatle faced intense questions yesterday about the assassination attempt on Trump. WMNF’s Chris Young reports that one congresswoman is calling for charges.

The pace of COVID-19 deaths in Florida is lower than in the last four yearsFlorida Department of Health data shows more than 3,000 deaths in the state have been linked to COVID-19. This year’s pace of death is lower than during the past four.

The Scoop: Tampa Bay & Florida headlines by WMNFThe Scoop producer Leah Burdick

WMNF anchors Chris Young, Lisa Marzilli, Josh Holton, Seán Kinane
WMNF News Director Seán Kinane
WMNF reporters Chris Young, Lisa Marzilli, Josh Holton, Seán Kinane, Colleen Cole
Special thanks to Taylor Lovejoy and Corey Beltran.

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A collection of local groups gathered at University Park on Saturday to spread awareness for gun violence victim resources.

The group SEANS Love Project ran the event with other groups like Rise Up for Peace, Moms Demand Action, and the Crisis Center of Tampa Bay.

SEANS Love was founded earlier this year by D’Andra Todd, after she lost her son, Sean, to gun violence. Support groups like Moms Demand Action helped her cope with the loss.

“It was a community of people that were stronger than myself. And I needed that strength,” she said. “And they provided that for me, and they helped me come out of it. And they’ve turned my pain into purpose.”

Todd then founded SEANS Love Project to try and to help others who’ve felt similar pains as her. She works to help benefit the communities affected by gun violence by feeding the homeless and by putting on community events.

“I want them to just know that there are people here,” Todd said. “If something does happen, I want them to know that there are people here for them, that there are organizations that they can come to in their time of need, even if they haven’t been through anything, that we are here.”

Rise Up For Peace and Moms Demand Action provided resources on both gun violence prevention and support for victims and their families.

“There initially wasn’t anything in place for a family that lost a loved one,” said Johnny Johnson, the co-president of Rise Up for Peace.

“So by building these bridges and collaborating with these different organizations and bringing everyone together again, get the victims and the victims’ family reassurance that they have someone to turn to when it wasn’t nothing at all,” Johnson added.

Todd said that she was in a dark place after losing her son, and she wants to support others during their own journeys. She said that even if she helps only one person, it will all be worth it.

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St. Pete City Council raises concerns in Rays deal over forgotten burial groundWMNF’s Chris Young reports about the concerns over a forgotten burial ground under the proposed development of the new stadium.

Florida lawmakers speak out against Trump’s attack on SaturdayBoth Democratic and Republican lawmakers in Florida speak out about the scary incident and what needs to be done moving forward security-wise.

The Scoop: Tampa Bay & Florida headlines by WMNFThe Scoop producer Leah Burdick

WMNF anchors Chris Young, Lisa Marzilli, Josh Holton, Seán Kinane
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Florida lawmakers are speaking out against the attack on the former President on Saturday when a gunman took aim at Trump and pierced his right ear, leaving one person dead and two seriously wounded.

Democratic U.S. Rep. Kathy Castor, who represents parts of Hillsborough and Pinellas Counties, said her heart goes out to not only the former president but also the father who was killed while shielding his family from gunfire.

But she said the attack by 20-year-old Thomas Matthew Crooks, unfortunately, reflects the political division nationwide and agrees with President Biden’s recent remarks calling for unity.

“I think this is an important time for everyone to think about what unites us as Americans,” she said. “We’re so fortunate to live in a country where we’re free and we can express ourselves.”

Castor is no stranger to political violence. Her friend in Washington, D.C., former Congress member Gabby Giffords, was shot in 2011 while hosting an event with constituents in Tucson, Arizona.

And while Castor said the shooting in Pennsylvania is yet another episode in the epidemic of gun violence, she remains vigilant.

“I do not want to live in a country where I’m worried that I can’t talk to someone, or someone cannot approach me at church or at the grocery store or out on the street,” she said. “That’s not the kind of place I want to live in. That’s not how I, would seek to conduct myself as an elected official either.”

Castor said gun manufacturers have a tight grip on policymaking, but she’s hopeful this incident could lead to more bipartisan legislation on gun safety.

Meanwhile, Democratic Florida Rep. Anna Eskamani called the assassination attempt of Trump over the weekend “horrifying” and “scary.”

She said Americans should be able to peacefully assemble without fear of gun violence, especially in political environments.

“Unfortunately, it’s become ever so common in the United States for there to be occurrences of gun violence,” Eskamani said. “And of course, there’s been elevated political rhetoric for years now.”

And even she has been the target of negative political rhetoric. Eskamani is currently involved in an active investigation with the Florida Department of Law Enforcement over death threats.

But while the representative said, like Castor, that she appreciates President Biden’s calls for unity, the incident still makes her nervous.

“I think through my brain what I would do if someone pulled a gun on myself or my team. So that is a constant worry that I have,” Eskamani said. “Of course, now it’s even more serious because unfortunately, violence often begets violence.”

And for that very reason, she spoke with her team to revisit their state security policies following the event. But going forward, Eskamani said there needs to be action for stricter gun legislation.

She said at the end of the day, legal or illegal access to firearms has a direct connection to gun violence.

“Regardless if you’re at a political rally or if you have a nightclub called pulse, or if you’re at your school learning, or at the movie theater, or at the mall or at the park or on your neighborhood curb, you should be able to have the freedom in this country to live without gun violence,” Eskamani said.

And to her, gun reform should happen because if one of the most powerful men in American politics with armed and professional security isn’t safe, then it only reiterates what that means for the rest of the country.

But State Rep. Mike Beltran, who serves part of Hillsborough and Manatee Counties, has a slightly different outlook than his Democratic colleagues.

Similarly, the Republican lawmaker said he was “shocked and disappointed” by the assassination attempt of the former president.

But said any attacks like this should be prevented through diligent security, and not through “unconstitutional infringements to the Second Amendment.”

In a statement provided to WMNF, Beltran said the shooting appears to be the result of “severe lapses in security,” and he does not believe any change to gun laws should or will result from the attack.

Beltran is currently in Milwaukee at the Republican National Convention.

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Officials want more answers about shooter at Trump rallyAuthorities say 20-year-old Thomas Mattew Crooks, is responsible for the attack. They believe he acted alone with his father’s gun.

Republican National Convention heads into its second dayTrump has officially become the presidential nominee and U.S. Senator J-D Vance of Ohio is running alongside him.

Tampa celebrates its 137th birthdayWMNF’s Tyler Oldano reports how a city council member reflects on the city’s history and future concerns with affordable housing.

Election denier qualifies to run this November in PinellasPinellas Supervisor of Elections Julie Marcus was accused in 2022 of erasing votes and attempting to hide evidence of the election even though Trump won. Marcus runs again and Clearwater’s Chris Gleason is the challenger.

Crisis Center of Tampa Bay teams up with organization to provide more careNon-profits, The Crisis Center of Tampa Bay, and Success 4 Kids and Families announced Monday they are merging. Together the organizations will offer more help to children.

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WMNF anchors Chris Young, Lisa Marzilli, Josh Holton, Seán Kinane
WMNF News Director Seán Kinane
WMNF reporters Chris Young, Lisa Marzilli, Josh Holton, Seán Kinane, Colleen Cole
Special thanks to Taylor Lovejoy and Corey Beltran.

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DeSantis appoints Christine Miller to Hillsborough CommissionRon DeSantis appointed Christine Miller to the Hillsborough County Board of County Commissioners to replace Michael Owen who recently resigned to run for State House.

Suzy Lopez expands Hillsborough’s gun violence unitWMNF’s Chris Young reports Suzy Lopez is putting a renewed focus on an issue the U.S. Surgeon General is calling a “Public health crisis” after a noticeable increase in gun violence in Tampa.

Hillsborough teachers and school district agree to new termsTeachers and the school district are anticipating a tax referendum on the November ballot that could generate more money for employee pay.

Anna Paulina Luna is trying to detain Merrick GarlandAnna Paulina Luna says Attorney General Merrick Garland should be held in contempt. Earlier this year, the House committee subpoenaed Garand for an audio recording of Special Counsel Rober Hur’s interview with President Biden.

Polk County prescribed burnThere will be a 25-acre prescribed burn today within the Polk County Environmental Lands Gator Creek conservation area in northwest Polk.

DeSantis vetoes four billsThe four bills vetoed involved public records, cybersecurity liability, professional license requirements for barbers and cosmetologists, and requiring the Florida Department of Health to take steps in swimming restrictions if water quality does not meet standards.

The Scoop: Tampa Bay & Florida headlines by WMNFThe Scoop producer Leah Burdick

WMNF anchors Chris Young, Lisa Marzilli, Josh Holton, Seán Kinane
WMNF News Director Seán Kinane
WMNF reporters Chris Young, Lisa Marzilli, Josh Holton, Seán Kinane, Colleen Cole
Special thanks to Taylor Lovejoy and Corey Beltran.

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Listen:After a noticeable increase in gun violence in Tampa, State Attorney Suzy Lopez has expanded the county’s gun violence unit. She’s putting a renewed focus on an issue the U-S Surgeon General is calling a “public health crisis”.

Last week was a violent one in the Tampa Bay region.

Several gun-related incidents brought unrest to the community.

State Attorney Suzy Lopez spoke on WMNF’s Wavemakers Tuesday.

“And right now, what we’re seeing is, we’re seeing guns in the hands of people who shouldn’t have guns.”

Lopez says improperly stored guns are being stolen from cars, and ending up in the hands of kids and convicted felons.

So she is restructuring a Gun Violence Unit.

It will include a total of five attorneys who will exclusively handle gun-related crimes.

“And so if a shooting occurs in the middle of the night, our prosecutors are getting a call, whether its from the sheriff’s office GRIT team, or from TPD, their getting a call, really just moments after the trigger is pulled, after law enforcement arrives on scene.”

Earlier this week, the U-S Surgeon General Vivek Murthy declared gun violence a public health crisis.

Murthy says it poses a quote serious threat to the health and well being of our country.

On Wednesday, Governor DeSantis said that Florida “will not comply” with the U.S. Surgeon General’s declaration that firearm violence is a public health crisis, according to the Tampa Bay Times.

Update:

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By Jim Saunders ©2024 The News Service of Florida

TALLAHASSEE — A U.S. Supreme Court decision Friday upholding a ban on gun possession by people under domestic violence restraining orders will refuel a legal battle about a Florida law that prevents people under the age of 21 from buying rifles and shotguns.

The 11th U.S. Circuit Court of Appeals last year put on hold a National Rifle Association challenge to the Florida law, which passed after the 2018 mass shooting at Parkland’s Marjory Stoneman Douglas High School. The Atlanta-based appeals court directed attorneys for the state and the NRA to delay filing briefs until after the Supreme Court issued a decision in the domestic violence-related case.

Friday’s 8-1 decision, in a Texas case known as United States v. Rahimi, was a victory for the federal government and gun-control supporters. Now, both sides in the Florida lawsuit likely will argue how — or if — the Rahimi decision should apply to the dispute about whether the age restriction violates the Second Amendment.

The NRA on Friday quickly described the Supreme Court decision as narrow. Randy Kozuch, executive director of the NRA-Institute for Legislative Action, posted a statement on X that said the decision is not an endorsement of “unconstitutional laws that the NRA is challenging across the country that burden the right of peaceable Americans to keep and bear arms. This decision holds only that an individual who poses a clear threat of violence may be temporarily disarmed after a judicial finding of dangerousness.”

While the details are different, the Florida and Texas cases have shared key questions about how to carry out a 2022 Supreme Court opinion in a case known as New York State Rifle & Pistol Association v. Bruen. That opinion said gun laws must be “consistent with this nation’s historical tradition of firearm regulation.”

The NRA argues, in part, that preventing people under 21 from buying rifles and other long guns clashes with historical tradition — an argument that Florida disputes.

In the case decided Friday, Zackey Rahimi challenged a 1994 federal law that prevented gun possession by people under domestic violence restraining orders. Pointing to the Bruen opinion, the 5th U.S. Circuit Court of Appeals said the law was unconstitutional.

But in its decision Friday, the Supreme Court said that when a “restraining order contains a finding that an individual poses a credible threat to the physical safety of an intimate partner, that individual may — consistent with the Second Amendment — be banned from possessing firearms while the order is in effect.”

“Since the founding, our nation’s firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms,” Chief Justice John Roberts wrote in the court’s main opinion.

Roberts also wrote that some courts have “misunderstood the methodology of our recent Second Amendment cases” and how regulations should be viewed historically. He wrote that the “Second Amendment permits more than just those regulations identical to ones that could be found in 1791. Holding otherwise would be as mistaken as applying the protections of the right only to muskets and sabers.”

In a concurring opinion, Justice Ketanji Brown Jackson pointed to confusion in lower courts about how to interpret the Bruen opinion.

“The message that lower courts are sending now in Second Amendment cases could not be clearer,” Jackson, a critic of the Bruen decision, wrote. “They say there is little method to Bruen’s madness. It isn’t just that Bruen’s history-and-tradition test is burdensome (though that is no small thing to courts with heavier caseloads and fewer resources than we have). The more worrisome concern is that lower courts appear to be diverging in both approach and outcome as they struggle to conduct the inquiry Bruen requires of them.”

Justices Sonia Sotomayor, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett also wrote concurring opinions, while Justice Clarence Thomas was the lone dissenter.

“The (Supreme) Court and government do not point to a single historical law revoking a citizen’s Second Amendment right based on possible interpersonal violence,” Thomas wrote. “The government has not borne its burden to prove that (the domestic-violence restraining order law) is consistent with the Second Amendment’s text and historical understanding.”

Florida lawmakers and then-Gov. Rick Scott rushed in 2018 to approve the ban on sales of rifles and other long guns to people under age 21 after Nikolas Cruz used a semiautomatic rifle to kill 17 students and faculty members at Marjory Stoneman Douglas High School. Federal law already prevented people under 21 from buying handguns.

After Chief U.S. District Judge Mark Walker rejected a challenge to the law, the NRA took the case to the 11th U.S. Circuit Court of Appeals.

Meanwhile, though it has not received as much attention as the challenge to the age restriction, another Florida gun-related case also could be affected by the Supreme Court decision. That case involves a challenge to a federal prohibition on medical marijuana patients buying and possessing guns.

Then-Florida Agriculture Commissioner Nikki Fried and other plaintiffs filed the case and appealed after U.S. District Judge Allen Winsor ruled against them. The 11th Circuit said in February it was holding the case “in abeyance” pending the Supreme Court decision in the Texas case.

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On Monday, a New Tampa man was gunned down and another was found dead from a gunshot wound in Tampa.

On Tuesday, a woman was shot and killed in her apartment hallway in St. Petersburg.

These are just some of the recent shootings U.S. Rep. Kathy Castor pointed to in the past few weeks that have occurred in the Tampa Bay region.

Castor said there have been 320 gun-based homicides in Florida since April 30.

“This, it’s really kind of gross, it’s outrageous that in America today, one of the leading causes of death among kids is death by gun,” she said at a press conference in Tampa on Thursday.

She added that the tragic circumstances of young people getting their hands on guns are because too many are being stolen out of vehicles.

Tampa Deputy Police Chief Calvin Johnson echoed Castor’s sentiments.

Johnson said one of the first steps to combatting gun violence is for people to make sure if their firearm is stored inside a car, it’s locked inside the glove compartment.

“Over a two-year period, we’ve had over 400 shootings here in Tampa and parts of Hillsborough County, fatal and non-fatal,” he said. “We’ve also had over 125 young people under the age of 17 that have been arrested on some type of gun or weapon-related charges.”

“We know that we have a lot of great work that’s being done, but there’s so much more work to do,” Johnson added.

He said the department is working with non-profits to mentor youth and their families to keep guns off the street.

Project Locked and Unloaded offers free gunlocks to gun owners and can be picked up at any district office or police headquarters.

Safe & Sound is a Hillsborough-based collective of state and county leaders and the NAACP that aims to improve the conditions of neighborhoods affected by violence, cultivate community connections, and offer family and mental health support.

In addition, a summertime program for adolescents is offered through the city called Stay and Play. It provides teens ages 13 to 19 with safe and supervised environments to help keep them out of trouble. Johnson said the program is open until midnight.

“We understand from the law enforcement perspective, we cannot arrest our way out of this problem that is plaguing our society,” Johnson said.

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By Jim Saunders ©2024 The News Service of Florida

TALLAHASSEE — With the U.S. Supreme Court nearing its annual recess, justices are expected to rule in cases about social-media platforms and guns that could have major implications for Florida.

The social media ruling likely will decide whether Florida can carry out a 2021 state law that placed restrictions on platforms such as Facebook and X. The gun ruling in a Texas case could help determine the fate of a 2018 Florida law that barred people under age 21 from buying rifles and shotguns.

Justices have heard arguments in the social media and gun cases and typically go into recess in late June or early July. That means rulings could come in the next two weeks, with the next expected release of opinions on Thursday.

Here are brief looks at the issues:— Gov. Ron DeSantis and the Republican-controlled Legislature passed the social-media restrictions after Facebook and X, then known as Twitter, blocked former President Donald Trump from their platforms after Trump supporters stormed the U.S. Capitol on Jan. 6, 2021.

The law, in part, would prevent large platforms from banning political candidates from their sites and require companies to publish — and apply consistently — standards about issues such as banning users or blocking their content.

The tech-industry groups NetChoice and the Computer & Communications Industry Association challenged the constitutionality of the law on First Amendment grounds. U.S. District Judge Robert Hinkle issued a preliminary injunction blocking the measure, and most of Hinkle’s ruling was upheld by the 11th U.S. Circuit Court of Appeals. Hinkle described the law as “riddled with imprecision and ambiguity.”

Florida took the case to the Supreme Court, which also is considering a similar case from Texas. During arguments in February, Florida Solicitor General Henry Whitaker said social media companies do not have a First Amendment right “to apply their censorship policies in an inconsistent manner and to censor and deplatform certain users.”

The state contended that the First Amendment does not apply to the law, in part, because the platforms are similar to “common carriers,” such as telephone and telegraph companies.

“Common carriers have always conducted their businesses subject to general rules of decorum … upwards of 99 percent of what goes on the platforms is basically passed through without review,” Whitaker said.

But Paul Clement, a former U.S. solicitor general who represents the tech-industry groups, said private companies’ decisions about disseminating third-party-created content to the public are editorial judgments protected by the First Amendment.

“If you are telling the websites that they can’t censor speakers, you can’t turn around and say you’re not regulating expressive activity. It’s all over this law,” Clement told justices.

— After the 2018 mass shooting at Parkland’s Marjory Stoneman Douglas High School that killed 17 people, lawmakers and then-Gov. Rick Scott approved barring people under age 21 from buying rifles and other long guns. Federal law already prevented people under 21 from buying handguns.

The National Rifle Association challenged the Florida law on Second Amendment grounds. After Chief U.S. District Judge Mark Walker rejected the challenge, the NRA took the case to the 11th U.S. Circuit Court of Appeals.

But the Atlanta-based appeals court last July effectively put the case on hold as it awaits a Supreme Court ruling in a Texas gun case.

The Texas and Florida gun cases share key questions about how to carry out a 2022 U.S. Supreme Court opinion in a case known as New York State Rifle & Pistol Association v. Bruen, which said gun laws must be “consistent with this nation’s historical tradition of firearm regulation.”

In the Texas case, Zackey Rahimi challenged a 1994 federal law that prevented gun possession by people under domestic violence restraining orders. Pointing to what is known as the Bruen decision, the 5th U.S. Circuit Court of Appeals said the law was unconstitutional.

While the details of the Florida case are different, the NRA has argued that the Bruen decision would bar preventing people under 21 from buying long guns.

The Supreme Court heard arguments in November in the Texas gun case. As an indication of how the 11th Circuit sees the connection between the cases, it issued an order last July that postponed filing briefs in the Florida case until after the Supreme Court decides the Texas case.

While not receiving as much attention as the challenge to the law about the ages of gun buyers, another Florida gun-related case also could be affected by the Supreme Court ruling in the Texas case. The Florida case involves a challenge to a federal prohibition on medical marijuana patients buying and possessing guns.

Then-Florida Agriculture Commissioner Nikki Fried and other plaintiffs filed the case and appealed after U.S. District Judge Allen Winsor ruled against them. The 11th Circuit said in February it was holding the case “in abeyance” pending the Supreme Court decision in the Texas gun case.

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What is NIL, how has it changed college sports and why are schools under investigation?Collegiate sports, largely unchanged for more than a century, has experienced unprecedented change in less than one year. Much of that change has been centered around name, image and likeness (NIL).Amateurism has been part of the fabric of collegiate sports since the NCAA’s earliest inception. To oversimplify it: Players could not be paid to play. Student-athletes received only scholarships. But in June 2021, the Supreme Court unanimously ruled against the NCAA in NCAA v. Alston that the NCAA could not limit education-related payments to student-athletes. The NCAA then deferred to state laws on NIL — and, in states that hadn’t passed laws, the schools themselves. Two things remained verboten, per the NCAA: No pay-for-play, and no quid pro quo. Athletes weren’t supposed to receive compensation tied to performance, and recruits weren’t supposed to sign deals contingent on going to a certain school.

Article credited to By The Athletic College Football Staff

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Teen arrested for bringing gun to schoolA 10th grader at Gibbs High School was charged with having a gun on campus yesterday. The boy will be charged with possession of a firearm on school property.

Wetlands PermittingAn appeal court refused to put on hold a U.S. district judge ruling in a battle about permits for projects that affect Florida wetlands. The court rejected arguments by the state and business groups. The three-judge panel said that Florida had not satisfied the requirements for a stay.

Schools celebrate federal fundsHillsborough County Public Schools celebrated a large investment of federal and community funding earlier today. WMNF Jimmy Rosilio reports the money will go into trade career programs.

2,500 COVID-19 deaths in Florida this yearFlorida reported over 2,500 deaths related to COVID-19 this year according to the Department of Health website. These numbers have gone down compared to the last four years.

Transgender teacher wins a legal battleIn April a federal judge ruled that a transgender Hillsborough County teacher can use her preferred pronouns. WMNF’s Chris Young reports that the teacher considers this a win.

Do age limits violate strippers’ rights?Governor Ron DeSantis signed a bill last week preventing strippers under age 21 from performing in adult-environment establishments across Florida. In July, people under 21 will not be able to work as exotic dancers and will be charged with second-degree felony if establishments continue to do so.

The Scoop: Tampa Bay & Florida headlines by WMNFThe Scoop producer Leah Burdick

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WMNF News Director Seán Kinane
WMNF reporters Chris Young, Lisa Marzilli, Josh Holton, Seán Kinane, Colleen Cole
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State attorney’s office dropped charges against Lakeland man, Antwan GloverWFLA has reported that the state attorneys have dropped charges against Antwan Glover who was stopped by police in December of 2022. The encounter resulted in violence. State attorney Brian declined to charge the officers posing that Glover is a threat. Lakeland Police Department also has reported that Glover put an officer in a headlock.

The Hillsborough County Commission has the opportunity to invest up to 25 million in Israeli bondsWMNF Chris Young reported on the Hillsborough Country Commissions meeting that discussed the opportunity to invest up to $25 million in Israeli bonds.

Manatee County commissioners support IsraelCommissioner Mike Rahn is in support of helping and supporting Israel against Hamas. Rahn also publicly objected to the Sunshine Skyway Bridge recognizing Pride and gun violence awareness with a light display.

Residents in East Tampa shared their gun violence concernsTampa police hosted a Town Hall Initiative earlier this week to receive input from residents about teen violence concerns. Last Night Mayor Jane Coaster, Tampa Police Chief Lee Bercraw and Councilman Bill Carlson hosted a Town Hall meeting about the shooting in a South Howard neighborhood last weekend.

A three-judge panel refused to dismiss a lawsuit challenging the constitutionality of a 2022 Florida Senate redistricting planA three-judge panel yesterday refused to toss out a lawsuit pointing to plaintiffs’ arguments that two districts in the Tampa Bay area were racially gerrymandered. The lawsuit alleges that Senate Districts 16 and 18 are gerrymandered and violate constitutional equal-protection rights.

The Scoop: Tampa Bay & Florida headlines by WMNFThe Scoop producer Leah Burdick

WMNF anchors Chris Young, Lisa Marzilli, Josh Holton, Seán Kinane
WMNF News Director Seán Kinane
WMNF reporters Chris Young, Lisa Marzilli, Josh Holton, Seán Kinane, Colleen Cole
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By Jim Saunders ©2024 The News Service of Florida

TALLAHASSEE — Florida Attorney General Ashley Moody on Wednesday filed a federal lawsuit challenging a new Biden administration rule that will require more gun sellers to be licensed and run background checks on buyers.

Moody’s office filed the lawsuit in Tampa, alleging that the Biden administration overstepped its legal authority. Moody said in a prepared statement that the rule would “force thousands of law-abiding gun owners to register as federal firearms dealers and navigate a federal bureaucracy.”

The Biden administration announced last month that it had finalized the rule, which it said is designed to close “loopholes” in a system that requires licensed gun dealers to run background checks. An April 11 overview posted on the White House website said “a growing number of unlicensed sellers continue to sell firearms for profit to complete strangers they meet at gun shows and online marketplaces, which has been a critical gap in the background check laws.”

The rule stems from a 2022 law that made changes in the background-check system. Moody’s lawsuit contends that the rule goes “far beyond” the law and violates what is known as the federal Administrative Procedure Act.

In part, the lawsuit focuses on part of the rule about people who resell guns, making them more likely to be considered dealers who need licenses. As an example, it partially quoted federal law and said the rule “obliterates the exception to the definition of ‘dealer’ for ‘a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.’”

“Many gun owners buy and then resell firearms,” the lawsuit said. “Sometimes they do so only to add to their personal collection. … (However), sometimes increasing the value of that collection is one of their motives — just as collectors of other items hope their collections will gain value and potentially be resold for a profit.”

The lawsuit also contended that an increase in background checks because of the rule would have a “significant impact” on Florida, which performs checks through the Florida Department of Law Enforcement.

“Unlike in many states, Florida conducts background checks at the state level rather than relying on the federal government,” the lawsuit said. “Florida does so even though state law does not mandate background checks for firearms sales beyond what federal law requires.”

But in the April 11 overview, the White House said the rule will “save lives by reducing the number of firearms sold without background checks” and that it “explicitly states that making occasional sales of a firearm from a personal collection or liquidating collection does not require a federal firearms license or background checks.”

The overview said the rule lists activities indicating that sellers must be licensed as dealers and run background checks.

“For example, if a person is repetitively selling guns of the same or similar make and model within one year of their purchase, they are supposed to become a licensed dealer,” the overview said. “If a person repetitively sells firearms within 30 days of purchasing those firearms, or selling firearms and tells potential buyers that they can acquire additional firearms for that buyer to purchase, the seller is supposed to become a licensed dealer.”

Moody has filed — or signed onto — a series of lawsuits in recent years challenging Biden administration decisions.

As an example, she joined Alabama, South Carolina and Georgia in filing a lawsuit Monday about a new rule carrying out Title IX, a landmark 1972 law that bars discrimination in education programs based on sex. That lawsuit alleges, in part, that the Biden administration overstepped its legal authority in extending the regulations to apply to discrimination based on sexual orientation and gender identity.

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Nicole Payne, Rep. Dianne Hart in the Sunday Forum After-show with Walter L. Smith II at WMNF Community Radio.

FL State Reps, Dianne Hart, Fentrice Driskell and Susan Valdes join the Forum. Hillsborough Black Chamber President Nicole Payne also join in to talk about an upcoming Townhall on State Laws.

April is also the month WMNF Community Radio focus on climate and the environment on our Mission Calendar.

Host Walter L. Smith II give updates on environmental racism and health.

Sunday Forum simulcast 2nd hour

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A 2023 United Nations report exposes schemes through Florida gun show straw buyers to funnel guns into Haiti.

As violence escalates into Haiti suburbs Florida is proving to be unwelcoming sending forces to return asylum-seekers back to the violence.

Also, thoughts from former Justice Steven Bryer sounding the alarm over the right-wing direction of the U.S. Supreme Court.

Patró Mabíli points out US contradictions

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©2024 The News Service of Florida

Vice President Kamala Harris will appear March 23 in Parkland to discuss gun violence and visit Marjory Stoneman Douglas High School, the White House announced Monday.

The visit will come a little more than six years after a gunman killed 17 students and staff members at the Parkland school.

The announcement did not provide full details of the visit but said Harris is leading the Biden administration’s “work to address gun violence while overseeing the first-ever White House Office of Gun Violence Prevention.”

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©2024 The News Service of Florida

While the issue has not moved forward in the Senate, the Florida House on Friday passed a controversial bill that would lower the minimum age from 21 to 18 to buy rifles and shotguns.

The Republican-controlled House voted 76-35 along almost straight party lines to pass the bill (HB 1223), which would reverse a decision that raised the minimum age after the 2018 mass shooting at Parkland’s Marjory Stoneman Douglas High School that killed 17 people.

Federal law bars people under 21 from buying handguns.

Democrats on Friday repeatedly cited the Marjory Stoneman Douglas shooting as they opposed the bill.

Rep. Robin Bartleman, D-Weston, said lawmakers should not “renege” on a promise the Legislature made when it passed the higher minimum age as part of a broader school safety bill.

“Shame on us,” Bartleman said. “We told the citizens of Florida that we were going to protect them.”

But bill sponsor Bobby Payne, R-Palatka, pointed to Second Amendment rights and people needing to defend themselves.

“I’m not worried about our schools. Our schools are safe in Florida. We’ve heard it was the gold standard,” Payne said. “What I’m worried about is my kids, my grandkids and your kids that can’t defend themselves because we’re restricting their rights.”

Senate President Kathleen Passidomo, R-Naples, has repeatedly said the Senate doesn’t have a similar bill, meaning the proposed age change will not pass during this year’s legislative session.

Rep. Linda Chaney, R-St. Pete Beach, Rep. Chip LaMarca, R-Lighthouse Point, Rep. Vicki Lopez, R-Miami, and Rep. Cyndi Stevenson, R-Saint Johns, joined Democrats in voting against the bill Friday.

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Lowering the minimum age to purchase rifles and shotgunsThe state House panel approved a bill that would lower the minimum age to purchase rifles and shotguns from 21 to 18. If passed by the Senate, it would reverse the age requirement that was included in a school safety law passed, following the 2018 massacre at Marjory Stoneman Douglas High School in Parkland.

Loosening child labor lawsA bill advanced in a State Senate committee yesterday loosening restrictions on labor laws for 16 and 17-year-olds in Florida. This bill is a less extreme version of a House bill seeking to roll back child labor laws.

Banning changing gender identity on driver’s licensesGovernor Ron DeSantis’ administration is banning gender-affirming driver’s licenses, threatening fraud prosecution for ‘misrepresenting one’s gender.”

Bill protecting Confederate monuments The proposal that could ban local governments from removing or destroying Confederate monuments, as well as allow people to file civil lawsuits over removals, is moving forward in the Florida House and Senate.

Imposing fees on school library book objectionsFlorida House committee approved a proposal that will impose fees on those who file multiple objections to school-library books, if book challenges are unsuccessful.

Information from Florida Public Media, News Service of Florida, and Associated Press was used in this report.

The Scoop: Tampa Bay & Florida headlines by WMNF The Scoop producer Aida Sarsenova

WMNF anchors Chris Young, Lisa Marzilli, Josh Holton, Seán Kinane
WMNF News Director Seán Kinane
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Listen:This week is National Gun Violence Survivors Week. Elected officials met with loved ones of victims of gun violence to discuss Florida’s increasingly weak gun laws.

Jonny Johnson started the non-profit Rise Up for Peace. He lost his 17-year-old son to gun violence seven years ago.

“Every aspect of our lives has been contaminated by the senseless gun violence, whether it’s at school, going to a place of worship, or just going to a grocery story to pick up a bite to eat.”

Johnson joined Karel Boonstoppel, who also lost his son to gun violence during a shooting in Ybor City last year. They spoke with Florida House Minority Leader Fentrice Driskell and Congress member Kathy Castor on gun control efforts in government.

Castor voted for Biden’s Bipartisan Safer Communities Act, which provided millions in funding to curb gun violence.

“It provided substantial new resources to states and communities for risk protection, orders for drug courts, for crisis intervention – but here’s the kicker: Governor DeSantis did not draw down those dollars.”

She saw that as a negative.

“He now has built a record on making our lives less safe and making our state more dangerous.”

On the state level, Driskell gave an update on state Democrats’ progress.

“Unfortunately, none of our common sense gun ownership bills or common sense gun reform bills have received a hearing, even though we have been very thoughtful in crafting this legislation and making sure we are approaching this in a bipartisan and common sense way.”

Last year, Governor DeSantis signed a law allowing Floridians to carry a concealed weapon without a government permit.

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©2024 The News Service of Florida

A House Republican on Tuesday filed a bill that would make a series of changes to gun laws, including allowing people to openly carry firearms.

The bill (HB 1619), filed by Rep. Mike Beltran, R-Riverview, came after lawmakers last year dropped a requirement that people have concealed-weapons licenses to carry guns.

But some Second Amendment advocates called for the Legislature to go further and allow people to openly carry firearms.

Beltran’s bill was filed on the first day of the 2024 legislative session.

Other proposed changes in the bill include allowing lawmakers to carry concealed firearms to legislative meetings and in the state Capitol complex.

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African-Americans have created a stable institution for political empowerment: The Black Church. Other organization, including the church, Nation of Islam, fraternities and even the Hip Hop industry have organized around a principles of Supreme Mathematics.

The Supreme mathematics is a theory of understanding numerals a pace with concepts and approximate illustrations that are used along with the Supreme Alphabet. Adherents of off-shoot groups like the Five Percenters. The Five Percent Nation was founded in Harlem in 1963 by Clarence Smith — also known as Clarence 13X — when he broke off from the Nation of Islam due to issues he had with the teachings of Wallace D. Fard.

The Forum takes on the history of these groups contextualized with Christianity and other religions.

The Forum gives a shout-out to the divers taking part in the Diving With a Purpose non-profit. Diving with a Purpose (DWP) is a leading international organization that provides education and training programs, mission leadership, and project support services for submerged heritage preservation and conservation projects worldwide with a focus on the African Diaspora.

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Early morning shootingThe Tampa Police Department has been investigating since 5 a.m. when officers responded to shots fired on the 4000 block of W Dr. Martin Luther King Blvd. The victim was transported and treated at a local hospital, however no arrests have been made. The Tampa PD is asking anyone with information to call 813-231-6130 or share a tip via Tip411.

Challenged books pulledFlorida leads the country in book bans, and the Hernando County School board banned or limited access to even more books at a school board meeting Tuesday.

FL Republican party continues growthThe Republican Party of Florida had a nearly 700,000 voter registration advantage over the Florida Democratic Party at the end of November.

Fossil fuel divestmentMore than 16,000 institutions like universities, pension funds, and governments equivalent to a little less than half of global gross domestic product have now divested from fossil fuels. The Global Fossil Fuel Divestment Movement made the announcement today after the 28th United Nations Climate Change Conference ended.

Gusty storm system alertOur area is on the track of a Gulf storm system. Winds will remain gusty, flash flooding will be possible, and a few tornadoes may touch down across the entire peninsula and the eastern two-thirds of the Panhandle from Saturday into Sunday.

Information from Florida Public Media, News Service of Florida, and Associated Press was used in this report.

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The owner of Crowbar, a nightclub in Tampa’s Ybor City entertainment, talks about the aftermath of a violent shooting. The community accessing the club for special events.

St Petersburg, FL City Council Member John Muhammad to announce a public meeting on community re-try of the incarcerated.

Also,UN climate talks are focusing on the contagious effect on human health. the Forum begins a series on the social agency and development of the Funk music genre.The post Safe Streets Ybor, Bring The Funk appeared first on WMNF 88.5 FM.

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Hurricane Ian’s impact A new report shows the disproportionate impact Hurricane Ian had on Florida’s rural agricultural areas.   Idalia insurance claims Estimated insured losses from Hurricane Idalia topped $156 million Sunday based on 17,472 claims, as the total continued to steadily climb.   Governor and Cabinet Governor Ron DeSantis and the Cabinet will meet... Read more »

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An analysis of the political terror across the spectrum. Republicans threaten AIDS/HIV funding to the world’s poor because of possible abortion funding.

note: The program, known as the U.S. President’s Emergency Plan for AIDS Relief, or PEPFAR, partners with nonprofit groups to provide HIV/AIDS medication to millions around the world. It strengthens local and national health care systems, cares for children orphaned by AIDS and provides job training for people at risk.

Florida threatens Black life, women’s reproductive rights and voting rights in general while Russia threatens to invade all of Europe.

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https://wmnf.s3.amazonaws.com/wp-content/uploads/2023/08/The_Scoop_230831.mp3Idalia’s wakeAssessment and cleanup are continuing today in north Florida and across the Bay area following Hurricane Idalia. Hours after Idalia struck Florida’s Big Bend area yesterday, Governor Ron DeSantis suggested that residents would shoot people who were looting in the town of Steinhatchee, as he has after some previous emergencies.

Flooding, deaths, and outagesWater levels on the Steinhatchee River rose more than 9 feet in about two hours and a bridge leading into Steinhatchee was not passable. State Road 24 leading into Cedar Key in Levy County was also inaccessible yesterday afternoon. Over 150,000 Floridians are still without power. At least 3 weather-related deaths have been reported.

Linking gun access to hate crimeA gun safety group is making the link between easy access to guns in the U.S. and violent hate crimes. GIFFORDS research director Kelly Drane spoke with Sean Kinane this week on WMNF’s Tuesday Café about the link between violent hate crimes and America’s easy access to firearms.

Medicaid eligibility mandateThe Centers for Medicare & Medicaid Services sent a letter to all 50 states and U.S. territories with a specific mandate: Identify and fix systemic problems for determining Medicaid eligibility, especially for children.

Students rally for gun lawsA crowd of about 600 students and gun safety advocates rallied last night for stricter state gun laws in North Carolina after a school shooting that left one faculty member dead and terrorized students at the University of North Carolina at Chapel Hill. Students were urged to take their pain to the ballot box.

https://wmnf.s3.amazonaws.com/wp-content/uploads/2023/08/The_Scoop_230831.mp3Information from the Florida Public Media, News Service of Florida, and Associated Press was used in this report.

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The gun safety group Giffords is making the link between easy access to guns and violent hate crimes like the one in Jacksonville.

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Rev. Jamal Bryant of New Birth Baptist Church in Atlanta delivers a powerful speech at this weekend’s commemorative “March On Washington, D.C.” Jacksonville and the state of Florida responds to the racist violence over the weekend. Callers call for a new movement against racism. Tampa Bay prepares for hurricane Idalia while drivers are warned about... Read more »

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Gulf Coast hurricane watch Hurricane and storm surge watches are in effect for our area as the center of the track of Idalia places it west of Tampa Bay as a Category 3 major hurricane early Wednesday morning before it makes landfall north of us later that day. The most likely area for landfall is... Read more »

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Days after a 7-year-old was killed, activists are speaking up against gun violence by engaging their local neighborhoods at a community outreach event over the weekend.

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Only days after a 7-year-old was shot in the head during a 4th of July gunfire exchange, Tampa activists are speaking up against gun violence by engaging their local neighborhoods. DJs played tunes, and families brought their children to enjoy some free lunch hot off the grill while they heard stories from families of gun... Read more »

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A seven-year-old was killed by gunfire at Ben T. Davis Beach along the Courtney Campbell Causeway on the Fourth of July.

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Listen: Detectives look for assistance with Courtney Campbell Causeway child homicide According to a police report, Tampa Police Department detectives are investigating a homicide in the 8500 block of the Courtney Campbell Causeway after a 7-year-old was shot last night around 8 pm. The child who was shot was transported to a local hospital and... Read more »

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Listen: Florida’s new permitless carry law will go into effect this Saturday, and some Floridians are concerned. The law allows Floridians to carry concealed weapons without a permit. This makes Florida the 26th state to allow permitless carry. Governor DeSantis praised the measure at his “State of the State” address in March. “A constitutional right... Read more »

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Gov. Ron DeSantis on Monday signed a measure that will allow Floridians to carry guns without concealed-weapons licenses.

The Republican-controlled Senate gave final approval to the measure (HB 543) on Thursday, about a week after the House passed it.

The bill will do away with a decades-old licensing process, which has included requiring that people undergo firearms training and background screening to carry concealed weapons.

The bill will require people carrying concealed firearms to have valid identification and “display such identification upon demand by a law enforcement officer.”

The measure also includes various changes designed to bolster school safety, including providing additional money for school hardening.

The governor signed the proposal without holding a media appearance.

Sen. Jay Collins, a Tampa Republican who sponsored the bill, called it “monumental.”

Collins said in a tweet, “You don’t need a permission slip from the government to exercise your constitutional rights. We are restoring the Second Amendment here in the Free State of Florida.”

Democrats criticized the bill signing and have contended the measure would make Floridians less safe.

“Permitless carry increases the risk of both intentional violence and unintentional shootings, with the facts clearly showing an increase of fatalities and gun crimes in the dozens of states that have passed similar laws,” Sen. Shevrin Jones, D-Miami Gardens, said in a statement Monday.

Many supporters of the bill labeled it “constitutional carry,” referring to Second Amendment rights.

Some gun-rights advocates have disputed the constitutional carry label, arguing the bill should have gone further to include open carry, which would not require weapons to be concealed.

Matt Collins, a former firearms lobbyist who lives in Central Florida, said in a statement that the bill not including open carry is “embarrassing” for DeSantis.

“The governor is weak if he cannot even get his own supermajority legislature to add part of his agenda, which is open carry, to the permitless carry bill,” Collins said.

©2023 The News Service of Florida

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By Ryan Dailey ©2023 The News Service of Florida

TALLAHASSEE — The Florida Senate on Thursday gave final approval to a bill that would allow people to carry guns without concealed-weapons licenses, sending the issue to Gov. Ron DeSantis.

The Republican-controlled Senate voted 27-13 along almost straight party lines to pass the measure (HB 543), with Sen. Ileana Garcia, R-Miami, joining Democrats in opposition. The House approved the bill last week, and DeSantis has pledged to sign it.

In nixing a decades-old licensing requirement, the bill would allow people to carry concealed weapons without having to meet requirements such as firearms training and background screening. People carrying weapons would be required to have valid identification and be able to “display such identification upon demand by a law enforcement officer.”

Many supporters labeled the measure “constitutional carry,” in reference to Second Amendment constitutional rights. Sen. Jim Boyd, R-Bradenton, cited the Constitution during debate Thursday.

“The Second Amendment of the Constitution gives its people the right to keep and bear arms. It doesn’t say, ‘if you have a permit,’ it doesn’t say ‘if you’ve gone through training,’ it doesn’t say ‘if you’ve done a background check,’” Boyd said.

But some gun-rights advocates have disputed the constitutional carry label. They have argued the measure should have sought to allow what’s known as open carry — which would not require firearms to be concealed.

“This bill is a half-measure and is not what gun owners were promised. It isn’t true constitutional carry because it doesn’t include an open carry provision. This bill is weak and failed leadership on part of Gov. DeSantis and the Republican legislative leadership. Gun owners deserve better,” Matt Collins, a former gun lobbyist who lives in Central Florida, said in a statement.

But the measure received support from numerous law-enforcement officials and the National Rifle Association, which called its passage a “historic” win.

“(The bill) is backed by Florida sheriffs, I believe 60 out of 67, it is backed by the police chiefs, the PBA (Police Benevolent Association), the prosecuting attorneys, and our AG (attorney general),” bill sponsor Jay Collins, R-Tampa, said. “Those are people I know, I respect, and I trust. Their reputations are beyond reproach, and they stand with this very good bill.”

Meanwhile, Democrats and gun-control supporters decried scrapping firearms-training requirements, arguing that would make Floridians less safe.

Sen. Victor Torres, D-Orlando, drew on his experience as a former police officer in pushing against the removal of the training requirements.

“As a former law-enforcement (officer) for 20 years in New York City, I had the privilege of carrying a weapon on me, a gun,” Torres said. “But I was trained, over and over and over and over and over. Why? The safety of the public.”

But Sen. Ed Hooper, R-Clearwater, and other supporters argued eliminating the licensing requirement would not affect criminal acts.

“The fact that you are not going to have to have a permit, I have yet to find someone who is looking to do something devious … who has taken the time to think, ‘I better go get my permit, wait my three days, and I’ll go pick my weapon up and I’ll go cause some kind of harm to somebody,’” Hooper said.

Some Democrats criticized the measure as running counter to “progress” that lawmakers made on gun policies after the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland. Thursday’s vote also came just days after a school shooting in Tennessee in which three children and three adults were killed.

“There’s no way that your constituents want this. There may be some who are shouting from the rooftops, but the polling is extensively clear — even gun owners want more gun safety, not less. Why we are going in the opposite direction from the progress we made after the tragedy of Parkland is beyond me,” Sen. Tina Polsky, D-Boca Raton, said.

But Democrats expressed support for parts of the bill designed to bolster school-safety measures. For example, the measure would provide money for school hardening and includes a provision that would allow private schools to participate in a controversial program that allows armed “guardians” on campuses.

Sen. Alexis Calatayud, R-Miami, pointed to a part of the bill that would double the amount of training in active-shooter or assailant scenarios for people seeking to become school guardians.

“This could not be a more timely policy, for practices that have been successful in some under-resourced districts in our communities to have access to trained, and better-trained individuals, with your policy doubling the amount of active-shooter training,” Calatayud said.

The Republican-dominated Senate on Wednesday rejected eight proposed changes to the bill put forward by Democrats. One of the proposed changes, for example, would have allowed people to carry concealed firearms into legislative meetings.

Sen. Jason Pizzo, D-Hollywood, said rejecting the proposed change would be “hypocritical.”

“When this bill passes, and it will, there will be additional guns in Publix, where my wife and kids are. And yet there won’t be one here (in the Legislature). And that’s hypocrisy, or irony — or both. And so, if we’re really sitting here and talking about protecting yourself, and law-abiding citizens, it’s incredibly hypocritical not to vote for this amendment,” Pizzo said.

As the measure moved a step closer to becoming law, Collins echoed many supporters in saying that it is designed to prevent Floridians from having to get a “permission slip” to carry guns.

“What this bill does is remove the need for that government permit, that permission slip, to carry a concealed weapon,” Collins said.

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Students at the University of South Florida were arrested who protested the attacks on diversity and other attacks on education. The right-wing attempt to roll back the clock on progress in many areas in society is in full swing in Florida. There is a war against public education.

USF Tampa students arrested at protest call for police chief Chris Daniel to be fired.University of South Florida arrest

A film-maker, Derrick Perez along with Freddy Barton, discuss “Blink: A Gun Violence Prevention Film”.

Kim Jackson encourages public comment regarding Fair Oaks Expansion project.

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By Jim Turner ©2023 The News Service of Florida

TALLAHASSEE — Credit-card companies could face fines up to $10,000 per violation for tracking firearm and ammunition sales in Florida, under a measure approved Tuesday by a Senate committee.

The Republican-controlled Senate Banking and Insurance Committee voted 7-3 along party lines to approve a bill (SB 214) that would target yet-to-be-enacted plans by some credit-card companies to create a separate “merchant category code” for sales at firearm businesses.

Similar four-digit codes are already used to separate purchases and collect data from places such as grocery stores, gas stations, restaurants and bookstores.

Bill sponsor Danny Burgess, R-Zephyrhills, pointed to a Florida prohibition on gun-sale registries and said the bill would prevent data collection.

“In Florida, we take it very seriously to protect consumers’ rights, gun rights and their right to privacy, and I believe that this MCC (merchant category code) would lead to the creation of a registry in essence, potentially having a chilling effect on constitutional rights,” Burgess said. “We’re basically putting teeth behind current law in Florida, which prevents government and private registries.”

In September, Visa joined Mastercard and American Express in announcing plans to categorize gun shop sales. Gun-control advocates say the move would help track suspicious sales tied to potential mass shootings.

Democrats expressed concern the bill could hinder law-enforcement efforts to prevent mass shootings.

“There’s a lot of things that go on in these investigations, and sadly we’re in a crisis across this country,” said Sen. Victor Torres, an Orlando Democrat and former New York City transit police detective. “Every day, every weekend we hear about shootings in our counties, in our state, across the nation. And this state should be more aware as to the purchasing of guns and ammunition.”

The bill, a priority of state Agriculture Commissioner Wilton Simpson, says that “creation or maintenance of records of purchases of firearms or ammunition or the tracking of sales made by a retailer of firearms or ammunition by a nongovernmental entity, including a financial institution, without a substantial and historical business need or a requirement imposed by law, may frustrate the right to keep and bear arms and violate the reasonable privacy rights of lawful purchasers of firearms or ammunition.”

In barring the assignment of a merchant category code, the bill would direct the Simpson-led Department of Agriculture and Consumer Services to investigate alleged violations and impose fines up to $10,000 for each violation.

The bill is filed for consideration during the legislative session that will start March 7. Rep. John Snyder, R-Stuart, has filed an identical bill (HB 221) in the House.

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A Senate Republican on Thursday filed a bill that would allow people to carry concealed firearms without licenses after the issue started moving forward this week in the House.

The bill, filed by Sen. Jay Collins, R-Tampa, also includes other proposals such as requirements related to school safety.

Florida has long required people to obtain state licenses to carry concealed weapons. The bill (SB 150) would eliminate that requirement, though people carrying concealed weapons would have to carry valid personal identification and “display such identification upon demand by a law enforcement officer.”

The House Constitutional Rights, Rule of Law, & Government Operations Subcommittee on Tuesday approved a bill (HB 543) that would make the concealed-weapons changes — a concept that supporters call “constitutional carry.”

While the House bill is limited to that issue, the Senate bill includes school-safety proposals.

As an example, the Senate bill would allow private schools to participate in Florida’s controversial “guardian” program, which allows school staff members to be armed on campuses, and would create the Florida Safe Schools Canine Program, which would be designed to help add firearm-detection dogs.

“This comprehensive legislation ensures our laws respect the constitutional rights of law-abiding Floridians while at the same time incorporating valuable tools recommended by law enforcement that will increase the safety of our schools and communities,” Senate President Kathleen Passidomo, R-Naples, said in a prepared statement.

©2023 The News Service of Florida

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By Ryan Dailey ©2023 The News Service of Florida

TALLAHASSEE — A proposal that would allow Floridians to carry concealed firearms without licenses began moving through the state House on Tuesday, as a debate emerged about whether the bill lives up to the “constitutional carry” label given by supporters.

The House Constitutional Rights, Rule of Law, & Government Operations Subcommittee voted 10-5 along party lines to approve the measure, after an at-times tense three-hour meeting.

The bill (HB 543) would eliminate a concealed weapons licensing process that includes people undergoing criminal background checks and completing firearms-training courses. Under the proposal, people with concealed firearms would need to carry valid identification and “must display such identification upon demand by a law enforcement officer.”

The majority of more than 100 people who testified or signed up to testify about the measure Tuesday opposed the bill — with numerous gun-rights supporters criticizing it for not going far enough. They urged lawmakers to allow what’s known as open carry, meaning firearms would not have to be concealed. Many said the bill’s “constitutional carry” moniker was a misnomer.

Chris Rose II of Gainesville described the measure as watered down and expressed frustration at what he characterized as a promise that was not delivered.

“This bill is not constitutional carry. This bill is not close to constitutional carry. This bill is not what the other half of the country has, and I am fed up with being a second-class citizen to those folks,” Rose told the panel.

Democratic lawmakers heavily criticized the bill as it would eliminate the firearms-training requirement. Rep. Dotie Joseph, D-North Miami, proposed adding various training requirements to the measure, but the Republican-dominated panel rejected all amendments sought by Democrats.

“It makes no sense that people have to pass an exam to drive a vehicle but not to own a gun,” Joseph said.

But Pinellas County Sheriff Bob Gualtieri, who spoke in favor of the bill on behalf of the Florida Sheriffs Association, said current training requirements tied to the licensing process are “meaningless.”

“The training that people get today is really meaningless training. It’s this online course for about 30 minutes, and that’s what you get,” Gualtieri said.

Gualtieri said the bill would not change current prohibitions on where people can carry concealed weapons, such as at schools and polling places, and said the bill “protects people’s right to protect themselves.”

Several groups that support gun-control measures warned the bill would make Florida less safe.

“The licensing process that this bill is trying to take away is a vital part of making sure that guns are kept out of the hands of folks that would misuse them,” said Alyssa Akbar of the organization March for Our Lives, which was formed after the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland.

But Bill sponsor Chuck Brannan, R-Macclenny, described the proposal as simply removing the requirement that gun owners seek the government’s permission to carry firearms.

“If you’ve ever gotten a concealed-weapons permit, it certainly is not extensive training. So I think the differences are going to be negligible after this bill,” Brannan said.

The bill, filed for the legislative session that will start March 7, appears to be on a fast track in the House. It now needs approval only from the Judiciary Committee before it can go to the House floor. The Senate does not have a similar bill.

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The Florida House next week will move quickly on a bill that would allow people to carry concealed weapons without licenses.

The House Constitutional Rights, Rule of Law & Government Operations Subcommittee will take up the bill (HB 543) during a Feb. 7 meeting, according to an agenda posted online Tuesday.

House Speaker Paul Renner, R-Palm Coast, held a news conference Monday to announce the proposal, which would do away with the requirement to obtain state concealed-weapons licenses to carry guns.

Supporters call the proposal “constitutional carry.” The bill, sponsored by Rep. Chuck Brannan, R-Macclenny, and Rep. Bobby Payne, R-Palatka, is filed for consideration during the legislative session that will start March 7.

If it clears the panel next week, it would need approval from the Judiciary Committee before it could go to the full House after the session starts.

via News Service of Florida

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Agriculture Commissioner Wilton Simpson on Tuesday announced a proposal that takes aim at credit-card companies separately categorizing sales at gun shops.

During an appearance at Lawmen’s & Shooters’ Supply in Titusville, Simpson said the proposal is intended to prohibit financial institutions from collecting and monitoring information on Floridians’ firearm and ammunition purchases.

“Credit card companies are being told that they have to assign a code to gun sales and ammo sales at gun stores,” Simpson said. “They aren’t even hiding their purpose. They want to track, control, intimidate, and I believe ultimately take away the right of law-abiding citizens to bear arms.”

The proposal, which would require approval during the 2023 legislative session, is backed by state Sen. Danny Burgess, R- Zephyrhills, and Rep. John Snyder, R-Stuart, who joined Simpson on Tuesday.

In September, Visa joined Mastercard and American Express in moving forward with plans to categorize gun shop sales, a step gun-control advocates say will help track any suspicious sales tied to potential mass shootings.

What is known as a separate “merchant category code” would be added to a list of purchase codes on sales made at retailers.

Meanwhile, Tuesday, Sen. Tina Polsky, D-Boca Raton, and Rep. Dan Daley, D-Coral Springs, filed proposals (SB 146, SB 148, HB 151 and HB 153) that would require background checks on the sale or transfer of ammunition.

The measure is dubbed “Jaime’s Law, after 14-year-old Jaime Guttenberg, one of 17 students and faculty members killed in the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland.

Via News Service of Florida

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By Jim Saunders ©2023 The News Service of Florida

TALLAHASSEE — A state appeals court Wednesday dealt a setback to the parents of a victim of the Parkland school shooting who have weighed filing a lawsuit against gun maker Smith & Wesson and a store that sold a semi-automatic rifle used in the 2018 attack.

A three-judge panel of the 4th District Court of Appeal upheld a circuit judge’s decision to dismiss an attempt to obtain what the court called an “advisory opinion” that could have helped Fred and Jennifer Guttenberg decide whether to pursue a lawsuit against Smith & Wesson and Sunrise Tactical Supply.

The Guttenbergs’ 14-year-old daughter, Jaime, was among 17 students and faculty members killed in the shooting at Parkland’s Marjory Stoneman Douglas High School. Former student Nikolas Cruz has been sentenced to life in prison in the shootings.

As a precursor to a potential lawsuit against Smith & Wesson and Sunrise Tactical Supply, the Guttenbergs sought a ruling about whether a state law shields gun makers and sellers from such lawsuits. That is particularly important, they have argued, because part of state law could force them to pay attorney fees and other costs if they pursue a lawsuit and ultimately find out that the gun businesses were shielded.

Broward County Circuit Judge Patti Englander Henning, however, dismissed the Guttenbergs’ request for such a ruling, known as a declaratory judgment. The appeals court agreed, saying that issuing what would amount to an advisory opinion “violates the requirement that a justiciable controversy exist.”

“There is a line between an acceptable claim for declaratory judgment and an unacceptable request for a court to provide an ‘advisory opinion,’” Judge Alan Forst wrote Wednesday in a 10-page decision joined by Judges Melanie May and Dorian Damoorgian. “That line is drawn without regard to the substantive merits of a potential cause of action. Here, the trial court concluded that appellants (the Guttenbergs) were requesting the latter.”

The Guttenbergs’ request for a declaratory judgment stemmed from a longstanding state law designed to provide a legal shield to “firearms manufacturers, firearms trade associations, firearms or ammunition distributors, or firearms or ammunition dealers.”

Also, part of state law says that if a court finds a defendant immune in such a lawsuit, “the court shall award the defendant all attorney’s fees, costs and compensation for loss of income, and expenses incurred as a result of such action.”

The Guttenbergs have sought to determine “the scope of the confusingly worded immunity provision” in the law, according to a brief filed by their attorney. The Guttenbergs interpreted the law as providing immunity to the gun businesses from lawsuits filed on behalf of cities, counties and other government agencies, rather than from lawsuits filed by individual plaintiffs.

If that interpretation is wrong, however, the Guttenbergs have contended they could face steep financial consequences for pursuing a lawsuit.

“No reasonable plaintiff would take that risk against a major company like Smith & Wesson, or even a smaller business like Sunrise Tactical Supply,” the brief said. “A declaration concerning the ambiguity in the statute is necessary before the tort claims can responsibly be asserted.”

But Smith & Weston attorneys argued that the circuit judge correctly concluded that the Guttenbergs wanted an improper advisory opinion. The gun maker’s attorneys said the immunity-related issues would need to be resolved in a full lawsuit that includes the Guttenbergs’ underlying allegations against the businesses.

“Plaintiffs’ declaratory-judgment action is a textbook request for an improper advisory opinion,” Smith & Wesson attorneys wrote in a brief. “The claims seek answers to hypothetical questions that may possibly arise only in the future. The trial court correctly recognized that plaintiffs are not entitled to a legal opinion preemptively depriving defendants of a potential affirmative defense before plaintiffs even file the claims to which the defense may or may not apply.”

A brief filed by the Guttenbergs’ attorney indicated they want to pursue a series of claims against the businesses, such as allegations of negligently “marketing military-style rifles to children and young adults in a manner that foreseeably led to the acquisition and misuse of such firearms by adolescents, including Nikolas Cruz, who are more likely to engage in risky and impulsive behavior.”

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Gov. Ron DeSantis said Friday he expects lawmakers during the 2023 regular legislative session to pass a major change in Florida gun laws.

The change would allow what supporters call “constitutional carry.”

Under current law, people who want to carry guns must get concealed-weapons licenses from the state Department of Agriculture and Consumer Services.

“Constitutional carry” would allow people to carry guns without licenses.

DeSantis was asked about the issue Friday during an appearance in Lee County, after House Speaker Paul Renner, R-Palm Coast, indicated Thursday that the House would approve permitless carry.

“Basically, this was something that I’ve always supported,” DeSantis said. “The last two years, it was not necessarily a priority for the legislative leadership. But we’ve been talking about it, and he’s (Renner’s) pledged publicly that’s moving forward, and it’ll be something that will be done in the regular session.”

The 2023 session will start March 7.

©2022 The News Service of Florida

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Psychologist Dr. Elizabeth Tanner, of the Emotional Wellness program of the Hillsborough Co. Public School System and psychotherapist Dr. Wendy Rice joined us on MidPoint to discuss the crisis in teen mental health one day after an 18-year-old boy shot his grandmother,2 teachers, and 18 4th graders at an elementary school in Uvalde, Tx. Research... Read more »

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This week, gun control advocates Gail Powell-Cope and Crystal Turner discuss their thoughts on gun control and the permitless carry debate.

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Freddy Barton, executive director of Safe and Sound Hillsborough, a community-based intervention program intended to prevent violence in Hillsborough County joined WaveMakers on April 19.

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With the annual Gun Violence Awareness Day approaching on June 4, activists are hopeful the current Democratic leadership in Washington DC will bring gun regulation reform.  “I think we have right now the strongest chance that we have had in a very long time for meaningful gun legislation,” said Wendy Malloy, Florida state lead for... Read more »

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The suspect in Monday’s Boulder supermarket shootings bought the assault rifle six days before he allegedly shot and killed ten people. Investigators have not established a motive. On Tuesday President Biden reiterated his priorities for gun safety: banning assault weapons and high-capacity magazines and closing gun background check loopholes. “It received votes from both Republicans... Read more »

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The Florida Legislative session begins Tuesday; Democrats have introduced several bills to try to reign in gun violence. On WMNF’s MidPoint Monday we speak with the sponsor of one of those bills, Miami-area state Senator Annette Taddeo. Florida prohibits local governments from enacting restrictive gun rules Her bill would repeal the Florida law that forbids... Read more »

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Here is a link to many coronavirus resources Gun and ammunition sales in Florida and elsewhere in the U.S. have spiked during the coronavirus emergency. That could be very dangerous for victims of domestic violence. Julia Weber is an implementation director with the Giffords Law Center to Prevent Gun Violence. “The information we’re getting from... Read more »

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On Tuesday the Highlands County Commission considered — but voted against — a resolution to make the county a “Second Amendment sanctuary;” the 4-to-1 vote came after dozens of residents spoke for or against the resolution. On MidPoint Monday we played much of the public comment from this meeting. Listen to the show here. About... Read more »

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Radioactivity with Rob Lorei Listen Here: Select 09/11/19 from the drop down menu Radioactivity: Interviews & Live Call-In Intro: Good morning, welcome to Radioactivity. I’m Rob Lorei. Coming up—some practical ideas about how to reduce gun violence in the US. But first one listener comment about yesterday’s program. Part of the discussion yesterday was about... Read more »

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Radioactivity with Rob Lorei Listen Here: Select 08/16/19 from the drop down menu Radioactivity: Interviews & Live Call-In Intro: Good morning- welcome to Radioactivity. I’m Rob Lorei. Coming up—in the wake of recent mass shootings in Gilroy, California, El Paso, Texas and Dayton, Ohio– what are the chances that any sort of legislation to limit... Read more »

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Radioactivity with Rob Lorei Listen Here: Select 08/06/19 from the drop down menu Radioactivity: Interviews & Live Call-In Intro: Good morning, welcome to Radioactivity. I’m Rob Lorei. After another series of gun massacres shocked the country this past weekend- many people are wondering what can be done to limit gun violence in the US? We’re... Read more »

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About three hundred people held candles, prayed and cheered during a vigil against gun violence Monday night in St. Petersburg. On stage, elected officials and activists made passionate speeches, some of them furious that mass shootings continue. Before the vigil, U.S. Rep. Charlie Crist (D-St. Petersburg) expressed his frustration with the U.S. Senate for not... Read more »

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In two shootings over the weekend, in El Paso and in Dayton, 31 people died.

President Trump spoke for about eight minutes Monday morning about the shootings. In part, the President said,

“The shooter in El Paso posted a manifesto online consumed by racist hate. In one voice, our nation must condemn racism, bigotry and white supremacy. These sinister ideologies must be defeated. Hate has no place in America. Hatred warps the mind, ravages the heart and devours the soul.

“We have asked the FBI to identify all further resources they need to investigate and disrupt hate crimes and domestic terrorism — whatever they need.

“We must recognize that the Internet has provided a dangerous avenue to radicalize disturbed minds and perform demented acts. We must shine light on the dark recesses of the Internet and stop mass murders before they start. The Internet, likewise, is used for human trafficking, illegal drug distribution, and so many other heinous crimes.

“The perils of the Internet and social media cannot be ignored, and they will not be ignored. In the two decades since Columbine, our nation has watched with rising horror and dread as one mass shooting has followed another — over and over again, decade after decade. We cannot allow ourselves to feel powerless.”

To talk about the shootings and about how to solve the problem of gun violence, we spoke with Kelly Moore, with Moms Demand Action for Gun Sense in America.

We talked about the Florida Attorney General Ashley Moody’s decision to legally challenge a citizens’ ballot initiative to outlaw certain semi-automatic weapons.

And about the U.S. Senate’s refusal to allow a vote on the gun background check bill passed by the House months ago.

Listen to the show here – the mass shooting segment starts at about the 15th minute.

There’s a vigil Monday in St. Petersburg hosted by the Women’s March Florida and Florida Public Services Union. The “Tampa Bay Against Gun Violence Vigil” starts at 8:00 p.m. in downtown’s Williams Park, 350 2nd Avenue North.

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