Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Alert! State Appeals "Get Out of Jail Free" Ruling by Leon County Judge

Thursday, August 1, 2019

DATE:     August 1, 2019
TO:          USF & NRA Members and Friends
FROM:   Marion P. Hammer
  USF Executive Director
  NRA Past President

 

On Monday, July 29th we reported that a Leon County Circuit Court judge had struck down the penalty provisions that punish local government officials for knowingly and willfully violating state law and had essentially given them a "get-out-of-jail-free card."  

On Tuesday afternoon July 30th Attorney General Ashley Moody filed a notice of appeal the ruling to the 1st District Court of Appeals.  AG Moody wasted no time in making it clear that she will defend the right of the state to govern and punish (when necessary) its creations -- local governments for misconduct and/or malfeasance.  

Specifically, in a lawsuit brought by several anti-gun South Florida cities and counties, the court struck down the $5,000 fine and the risk of removal from office for individual public officials, local governments, and government agencies who knowingly and willfully violate the state preemption law by adopting local gun control ordinances. 

Despite pleas from a group of anti-gun local officials urging The Attorney General and Governor Ron DeSantis not to appeal, the state quickly moved forward with a notice of appeal.  The state cannot sit by and allow rogue local officials thumb their noses at the law. 

Interestingly, Agriculture Commissioner Nikki Fried the Democrats highest ranking official couldn't wait to attack the Attorney General's decision to protect the rights of the state to punish those who violate the law. 

Be aware: without penalty provisions, the only recourse against willful violations of law which infringe upon the rights of law-abiding citizens is for citizens or organizations to file expensive lawsuits against public officials to enforce the law.  Then, law-breaking officials use tax dollars -- YOUR MONEY -- to defend themselves for violating the law.  Local governments use the "bottomless pit" of tax dollars while citizens must spend their own money to protecting their rights. 

The following article provides more information and is reprinted with permission

 

 

STATE APPEALS RULING ON LOCAL GUN REGULATIONS

 

July 31, 2019

Jim Turner

 

TALLAHASSEE --- Florida will appeal a circuit judge’s ruling that struck down a state law threatening tough penalties for local officials and governments that approve gun regulations. 

Attorney General Ashley Moody filed a notice late Tuesday that the state will appeal the ruling by Leon County Circuit Judge Charles Dodson, who found last week that the 2011 law threatening the penalties was unconstitutional. 

Asked for a comment Wednesday, Moody’s office released a copy of the notice of appeal, which puts a hold on Dodson’s ruling. Meanwhile, Agriculture Commissioner Nikki Fried, the only statewide elected Democrat, blasted the decision to appeal. 

Fried called the threatened punishments for passing gun regulations “some of the most extreme anywhere in the nation.” 

“Our state shouldn’t threaten local elected mayors and council members with fines, lawsuits, and removal from office,” Fried said in a prepared statement. “We should restore local democracy and allow communities to consider common-sense local measures that reflect their values.” 

Fried, whose Department of Agriculture and Consumer Services handles concealed-weapons licensing in the state, added that the appeal “is not only a waste of taxpayer money and time, but the wrong direction for our state.” 

The lawsuit was filed in April 2018, after the mass shooting at Parkland’s Marjory Stoneman Douglas High School that killed 17 people and injured 17 others. The school shooting led to widespread calls for gun-control measures, including calls for cities and counties to act. 

Florida since 1987 has had what is known as a “preemption” law that prevents local governments from passing gun regulations that are stricter than state firearms laws. In 2011, lawmakers passed another measure that included a series of steps designed to prevent local governments and officials from violating the 1987 law, including imposing penalties of up to $5,000 against officials and potential removal from office. 

The law also allowed individuals and groups that successfully challenged local governments over gun regulations to receive damages up to $100,000 and attorney fees. 

During arguments last month before Dodson, Daniel Bell, an attorney for the state, said the law prevented a “potential patchwork regulatory scheme” of gun restrictions across Florida. 

In his ruling issued late Friday, Dodson found that the 2011 law was unconstitutional, but he did not strike down the underlying 1987 law. 

Moody’s move to appeal Dodson’s ruling to the Tallahassee-based 1st District Court of Appeal was not a surprise. But a group of local officials in recent days had urged Moody and Gov. Ron DeSantis not to appeal. 

The law was challenged by more than 30 local governments, mostly South Florida cities, but also including Orlando, Gainesville and Tallahassee, and Miami-Dade, Broward and Leon counties. 

Jamie Cole, the lead attorney for the local governments, said Wednesday he expects Dodson’s ruling to be upheld on appeal. “Judge Dodson’s decision was well-reasoned, well-written and supported by decisions from the U.S. Supreme Court, Florida Supreme Court and Florida’s district courts of appeal,” Cole said in a statement.

 

 

 

 

 

TRENDING NOW
Connecticut’s “Convertible Pistol” Ban Picks up Where California’s Overreach Left Off

News  

Monday, February 23, 2026

Connecticut’s “Convertible Pistol” Ban Picks up Where California’s Overreach Left Off

What the Second Amendment community has long known has become increasingly difficult for gun grabbers to deny: no handgun is safe from the prohibitionist agenda.

Minnesota: Hearing on Semi-Auto and Magazine Bans Next Week

Friday, February 20, 2026

Minnesota: Hearing on Semi-Auto and Magazine Bans Next Week

On Tuesday, February 24th, the House Public Safety Finance and Policy committee will hold a hearing on two all-encompassing ban bills, House File 3433 and House File 3402

Firearms Industry “Responsible Controls” Legislation is an Existential Threat to Gun Owners

News  

Monday, February 23, 2026

Firearms Industry “Responsible Controls” Legislation is an Existential Threat to Gun Owners

Anti-gun activists think they have figured out a way around the Second Amendment, democratic accountability, and the federal Protection of Lawful Commerce in Arms Act (PLCAA) to impose a limitless raft of gun control on ...

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Tuesday, February 17, 2026

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Today, February 17th is the legislative crossover deadline in Virginia, and any bills that have not left their chamber of origin by the end of the day are considered dead for the session.

Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

Breach of Canadian Firearm Owners’ Data: The Latest in a String of Failures

News  

Monday, February 23, 2026

Breach of Canadian Firearm Owners’ Data: The Latest in a String of Failures

Canada’s gun owners have no reason to trust the federal government, and whatever misplaced faith remains took a huge hit when details of a cybersecurity breach at the Canadian Firearms Program became public.

Minnesota: Gun Control Bills Stall in Committee

Wednesday, February 25, 2026

Minnesota: Gun Control Bills Stall in Committee

Following committee votes on Tuesday, February 24th, and Wednesday, February 25th, many of the most egregious gun controls bills in the legislature have stalled and may not receive further action this session.

Oregon: Floor Vote TODAY on Ballot Measure 114 Override Bill - LAST CHANCE TO TAKE ACTION!

Monday, February 23, 2026

Oregon: Floor Vote TODAY on Ballot Measure 114 Override Bill - LAST CHANCE TO TAKE ACTION!

Today, HB 4154 is scheduled for third reading and a vote on House Bill 4145, the Ballot Measure 114 override bill. This is the last opportunity for Second Amendment advocates to oppose this bill in the ...

NRA Files Amicus Brief to Protect Gun Owners’ Private Information

Wednesday, February 18, 2026

NRA Files Amicus Brief to Protect Gun Owners’ Private Information

Today, the National Rifle Association and Second Amendment Foundation filed an amicus brief in Hall v. Sig Sauer, urging a Pennsylvania federal court to reconsider an order requiring Sig Sauer to disclose its customers’ names and ...

Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.