Legal Question in Constitutional Law in Florida

I WANT TO THANK YOU FOR THAT DETAILED ANSWER.

THE STATUE 791 HAS SEVERAL INTERESTING EXCEPTIONS. THE RELEVANT SECTIONS ARE:

791.04 Sale at wholesale, etc., exempted.--Nothing in this chapter shall be construed to prohibit any manufacturer, distributor, or wholesaler who has registered with the division pursuant to s. 791.015 to sell at wholesale such fireworks as are not herein prohibited; to prohibit the sale of any kind of fireworks at wholesale between manufacturers, distributors, and wholesalers who have registered with the division pursuant to s. 791.015; to prohibit the sale of any kind of fireworks provided the same are to be shipped directly out of state by such manufacturer, distributor, or wholesaler; to prohibit the sale of fireworks to be used by a person holding a permit from any board of county commissioners at the display covered by such permit; or to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or when used in quarrying or for blasting or other industrial use, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations, or organizations composed of the Armed Forces of the United States; provided, nothing in this chapter shall be construed as barring the operations of manufacturers, duly licensed, from manufacturing, experimenting, exploding, and storing such fireworks in their compounds or proving grounds.

791.07 Agricultural and fish hatchery use.--Nothing in this chapter shall prohibit the importation, purchase, sale, or use of fireworks used or to be used solely and exclusively in frightening birds from agricultural works and fish hatcheries; and such use shall be governed entirely by the rules prescribed by the Department of Agriculture and Consumer Services.

IF THE STATE AND FEDERAL LAWS HAVE APPROVED THESE 1.4G SMALL FIREWORKS FOR SALES AND USE THEN LOCAL GOVERNMENT ATTACKS THE SELLER BY BANNING THE SELLER IS THAT LEGAL?

If I understand your answers to my first questions:

Then the goverment can not Ban since they allow for the exceptions under 791.04

partically the one that allows use :

"or for signal or ceremonial purposes in athletics or sports,"

DANIEL HUNNEWELL

[email protected]

813-46-1273


Asked on 6/11/10, 5:02 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

I'm afraid you misunderstood my prior answer, since it does not imply that you are correct.

Additionally, you have misunderstood the statutes you quoted. They do not forbid the government to ban the sale or use of fireworks. They just say that "nothing in this chapter" bans them. They don't forbid bans contained in other chapters, nor do they forbid bans imposed by municipal governments.

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Answered on 6/11/10, 12:28 pm


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