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
ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

Nevada Supreme Court Upholds “Ghost Gun” Regulations

Monday, April 22, 2024

Nevada Supreme Court Upholds “Ghost Gun” Regulations

The Supreme Court of Nevada upheld Nevada’s regulations on so-called “ghost guns” in Sisolak v. Polymer80, holding that the statutes are not unconstitutionally vague.

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

Monday, April 22, 2024

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

On Friday April 19th, Governor Kim Reynolds signed House File 2586 and House File 2464 into law. The NRA would like to thank Governor Reynolds and the supporters in the Iowa legislature for their continued commitment to ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

Maine: Contact the Governor and Urge Her to Veto All Gun Control Bills!

Thursday, April 18, 2024

Maine: Contact the Governor and Urge Her to Veto All Gun Control Bills!

After a nearly 24-hour marathon legislative session, the Maine House and Senate finally adjourned until "Veto Day" in the coming weeks. 

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.