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
First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

News  

Monday, October 6, 2025

First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

California officials’ egregious foot-dragging over the issuance of carry permits has finally attracted the ire of the federal Department of Justice (DOJ). 

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

North Carolina: Update on Permitless Carry

Tuesday, September 30, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

FBI Persists in Underreporting Armed Citizen Defensive Gun Use

News  

Monday, October 13, 2025

FBI Persists in Underreporting Armed Citizen Defensive Gun Use

Three years ago, Dr. John Lott of the Crime Prevention Research Center (CPRC), writing for RealClearInvestigations, described how the Federal Bureau of Investigation (FBI) was vastly undercounting, “by an order of more than three the number of instances in ...

NRA Files Another Lawsuit Challenging the National Firearms Act

Thursday, October 9, 2025

NRA Files Another Lawsuit Challenging the National Firearms Act

Today, the National Rifle Association—along with the American Suppressor Association, Firearms Policy Coalition, and Second Amendment Foundation—announced the filing of another lawsuit challenging the constitutionality of the National Firearms Act of 1934 (NFA).

Firearm Prohibition Advocates Mute on Jay Jones “Two Bullets to the Head” Scandal

News  

Monday, October 13, 2025

Firearm Prohibition Advocates Mute on Jay Jones “Two Bullets to the Head” Scandal

Democrat Jay Jones, candidate for Virginia attorney general, still has not suspended his campaign, even as pressure mounts over disclosures that should disqualify, to put it mildly, any individual from serving as the chief law ...

NRA Files Lawsuit Challenging California’s Glock Ban

Monday, October 13, 2025

NRA Files Lawsuit Challenging California’s Glock Ban

Today, the National Rifle Association—along with Firearms Policy Coalition, Second Amendment Foundation, Poway Weapons & Gear, and two NRA members—filed a lawsuit challenging California’s Glock ban.

Canada’s Public Safety Minister on Gun Ban & Confiscation: “Don’t Ask Me to Explain the Logic”

News  

Monday, September 29, 2025

Canada’s Public Safety Minister on Gun Ban & Confiscation: “Don’t Ask Me to Explain the Logic”

There have been multiple developments on the Canadian gun grab and ban in the last few days, but the most astounding has got to be a leaked bombshell recording of the Liberal Public Safety Minister, ...

Rehearing En Banc Sought in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Wednesday, October 8, 2025

Rehearing En Banc Sought in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Today, the National Rifle Association announced the filing of a petition for rehearing en banc in Siegel v. Platkin, a challenge to New Jersey’s carry restrictions.

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

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.