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
All Flags, No Fix: Michigan’s Real Public Safety Problem

News  

Monday, August 31, 2026

All Flags, No Fix: Michigan’s Real Public Safety Problem

Sorry, Michiganders, but the state has developed a serious problem with crime and consequences.

FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

News  

Monday, August 24, 2026

FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

There has been a certain amount of anticipation while the Federal Bureau of Investigations (FBI) analyzed the available crime data for last year. The speculation among many was that the report would be, not just ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

Friday, August 28, 2026

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

The U.S. District Court for the District of New Mexico granted summary judgment holding New Mexico’s 7-day waiting period law unconstitutional in Ortega v. Grisham—a case brought by the National Rifle Association and Mountain States ...

Biden-Era “Engaged in the Business” Rule (Again) Ruled Illegal

News  

Monday, August 31, 2026

Biden-Era “Engaged in the Business” Rule (Again) Ruled Illegal

The anti-gun programs and policies of the Biden-Harris administration have been falling like dominoes, lately.

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

Commerce Dept. Explains Why Unconstitutional Microstamping is Also Ineffective

News  

Monday, August 31, 2026

Commerce Dept. Explains Why Unconstitutional Microstamping is Also Ineffective

On August 12, the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) sent a letter to U.S. House Committee on Science, Space and Technology Chairman Brian Babin (R-Texas) reiterating what gun rights ...

Australia Remains Committed to Eliminating Guns from the Law-Abiding

News  

Monday, August 31, 2026

Australia Remains Committed to Eliminating Guns from the Law-Abiding

It’s been a long time since Australia had relatively sensible gun laws.  While national regulations did not really come into play until the 1990s, the states and territories began imposing severe restrictions on lawful gun owners ...

NRA-ILA Launches First-Ever National “Gun Bus Battleground Tour” to Mobilize Gun Owners for 2026 Midterms

News  

Monday, August 31, 2026

NRA-ILA Launches First-Ever National “Gun Bus Battleground Tour” to Mobilize Gun Owners for 2026 Midterms

FAIRFAX, Va. — The National Rifle Association Institute for Legislative Action (NRA-ILA) todaylaunched its first-ever national bus tour, the 2026 NRA’s Gun Bus Battleground Tour, a more than two month, 13-state campaign to energize and ...

A New Era of Access for Hunters: Trump DOI Expands Opportunities in Historic Move

News  

Monday, August 31, 2026

A New Era of Access for Hunters: Trump DOI Expands Opportunities in Historic Move

Heading into hunting season, America's sportsmen and women have another significant development from the Trump administration worth celebrating.

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.