Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Alert! State Fights Cities & Counties on Gun Law

Monday, November 25, 2019

DATE:     November 25, 2019
TO:          USF & NRA Members and Friends
FROM:    Marion P. Hammer
  USF Executive Director
  NRA Past President

Reprinted with Permission

STATE FIGHTS CITIES, COUNTIES ON GUN LAW

November 25, 2019
Jim Saunders
 

TALLAHASSEE --- Pointing to a “hierarchical relationship” with local governments, the state late Friday asked an appeals court to uphold a 2011 law that has threatened tough penalties if city and county officials approve gun regulations. 

Lawyers in the offices of Attorney General Ashley Moody and Gov. Ron DeSantis filed a 42-page brief arguing that the 1st District Court of Appeal should overturn a circuit judge’s ruling that said parts of the law were unconstitutional. 

Florida since 1987 has barred cities and counties from passing regulations that are stricter than state firearms laws, and the penalties in the 2011 law were designed to strengthen that “preemption.” The law, for example, could lead to local officials facing $5,000 fines and potential removal from office for passing gun regulations. 

The brief filed Friday cited a “hierarchical relationship” between the state and local governments and said the Florida Constitution “subjugates local governments’ authority to that of the Florida Legislature.” 

“The trial court’s decision is premised on unsupported theories of immunity inconsistent with the constitutional supremacy of the state’s authority over its counties and municipalities,” the brief said.“ If allowed to stand, the decision will not only invite the development of a patchwork regulatory regime in the area of firearms but also render the Legislature impotent to deter power grabs by local officials in other areas.” 

But as an indication of the potential legal stakes of the case, the Florida League of Cities and the Florida Association of Counties on Monday filed a document requesting approval to submit a friend-of-the-court brief on behalf of the dozens of local governments and officials challenging the law. 

“The resolution of the question on appeal is of great importance to the League and FAC (Florida Association of Counties) and their memberships of diverse local governmental entities across the state of Florida,” the request said. “A determination that the penalty provisions are constitutional increases the threat of liability at significant cost to local government officials and will also have a chilling effect on individuals desiring to serve in local government.” 

Local governments and officials filed three lawsuits challenging the 2011 law after last year’s mass shooting at Marjory Stoneman Douglas High School in Parkland that killed 17 people. The lawsuits were ultimately consolidated in Leon County circuit court. 

Attorneys for the local governments wrote in a February court document that city and county officials had been urged to take actions after the Marjory Stoneman Douglas shooting. Those requests involved such things as requiring procedures or documentation to ensure compliance with background checks and waiting periods for gun purchases and requiring reporting of failed background checks. 

But the attorneys said local governments refrained from going ahead with the proposals because of the potential penalties in state law. Along with officials facing the possibility of fines and removal from office, the law would allow members of the public and organizations to receive damages up to $100,000 and attorney fees if they successfully sue local governments for improper gun regulations. 

Leon County Circuit Judge Charles Dodson in July found parts of the law unconstitutional, citing issues related to “legislative immunity,” which protects local government officials in their decision-making processes. He also pointed to the constitutional separation of powers, as judges could be asked to rule on penalizing local officials. 

“Because local governments must have what amount to small legislatures, and because courts cannot interfere in legislative processes, neither this court, nor any other court in Florida, can enforce the civil penalty provisions (of the law) against local legislators,” Dodson wrote. 

But the attorneys for Moody and DeSantis rejected such arguments in Friday’s brief, repeatedly citing the state’s authority over local governments. 

“The state’s position is that the Legislature may penalize local officials for acting outside the scope of their authority because there is no ‘separation of powers’ doctrine that bars the Legislature from holding them accountable for their official actions,” the brief said. 

Attorneys for the cities and counties will file a brief at the appeals court within the next month. But when the state began moving forward with the appeal in July, Jamie Cole, the lead attorney for the local governments, said he expected Dodson’s ruling to stand. 

“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 at the time.

 

 

 

IN THIS ARTICLE
Florida Firearm Preemption
TRENDING NOW
Court Dismisses “Lawfare” Claims Against Maryland Gun Dealers

News  

Monday, February 24, 2025

Court Dismisses “Lawfare” Claims Against Maryland Gun Dealers

“Lawfare” is the misuse of the legal system to damage political or business opponents, either through frivolous lawsuits in which the cost of defending becomes too much to bear or through the pursuit of political ...

Tenth Circuit Sidesteps Bruen with Nonviolent Felon Ruling

News  

Monday, February 24, 2025

Tenth Circuit Sidesteps Bruen with Nonviolent Felon Ruling

As NRA-ILA pointed out last week, the U.S. Supreme Court’s landmark ruling in New York State Rifle & Pistol Association v. Bruen (2022) has prompted a long-overdue reappraisal of the federal law as it pertains ...

Hogg Roasted Over Using DNC Resources to Raise Funds for His Own Project (and Employer)

News  

Monday, February 24, 2025

Hogg Roasted Over Using DNC Resources to Raise Funds for His Own Project (and Employer)

A few weeks ago, we noted that anti-gun activist David Hogg wanted to be a Democratic National Committee (DNC) vice chair.  We suggested caution be exercised before the DNC put an impulsive, often ill-informed individual with little ...

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

News  

Second Amendment  

Friday, February 7, 2025

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

Today, the White House announced a new Executive Order to protect and expand the Second Amendment rights of all law-abiding Americans. This is the first action taken by President Donald J. Trump to carry through ...

Defending the Indefensible: Court Strikes Illinois FOID Card Law

News  

Tuesday, February 18, 2025

Defending the Indefensible: Court Strikes Illinois FOID Card Law

Lawmakers in Illinois have a long track record of irrational gun bans and restrictions based on the idea that public safety is best served by disarming criminals and law-abiding citizens alike, even if that means ...

New Jersey: Democrats Kick Gun Control Hornets’ Nest and This Time They May Get Stung

Wednesday, February 19, 2025

New Jersey: Democrats Kick Gun Control Hornets’ Nest and This Time They May Get Stung

Anti-gun Democrats in Trenton have wasted no time getting back to politics, again ignoring real issues faced by the citizens of New Jersey.  The Assembly Judiciary Committee has posted several gun control bills for a ...

Colorado: Semi-Auto Ban Turned FOID Bill Removed from Hearing Schedule

Monday, February 24, 2025

Colorado: Semi-Auto Ban Turned FOID Bill Removed from Hearing Schedule

Today, Senate Bill 25-003, the near all-encompassing semi-automatic ban turned permit-to-purchase scheme, was removed from the hearing scheduled in the House Judiciary on March 4th.

Colorado: Final House Vote on Age Restriction Bill Imminent

Saturday, February 22, 2025

Colorado: Final House Vote on Age Restriction Bill Imminent

Late Friday night, House Bill 25-1133 passed its second reading on the House floor, and is expected to come up for a final vote on Monday, February 24th.

Colorado: Semi-Auto Ban Turned Permit-to-Purchase Passes Senate

Tuesday, February 18, 2025

Colorado: Semi-Auto Ban Turned Permit-to-Purchase Passes Senate

On Tuesday, February 18th, the Senate passed the amended Senate Bill 25-003, the near all-encompassing semi-automatic ban turned permit-to-purchase scheme, by a vote of 19-15 with bipartisan opposition.

Legislation Introduced to Block Credit Card Gun Registry

News  

Wednesday, February 12, 2025

Legislation Introduced to Block Credit Card Gun Registry

U.S. Representatives Riley Moore (R-WV-02), Richard Hudson (R-NC-09), and Andy Barr (R-KY-06) have introduced H.R. 1181, the Protecting Privacy in Purchases Act. This crucial legislation would prohibit credit card companies from tracking constitutionally protected purchases ...

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.