Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Alert! 30 Florida Cities and Counties Think They are ABOVE THE LAW

Thursday, December 26, 2019

 

DATE:    December 26, 2019
TO:         USF & NRA Members and Friends
FROM:    Marion P. Hammer
  USF Executive Director
  NRA Past President

 

How does it feel knowing that in at least 30 Cities and Counties, elected Commissioners and local government officials think they have a right to knowingly and willfully violate State law and not be punished?

In 30 local governments they are spending tax dollars to fight the State for passing a law to punish them for intentionally violating state law. 

Tax payers are actually being represented by Commissioners who THINK they are above the law and are spending tax dollars to try to overturn a law that punishes them for intentionally breaking the law. 

THE ISSUE IS NOT IMPORTANT.  THE ATTITUDE AND CULTURE WHERE CITY & COUNTY COMMISSIONERS THINK THEY ARE ABOVE THE LAW IS THE PROBLEM.  It is a clear cultivation of lawlessness for the arrogant, elitist running these local governments.  

Being elected to office doesn't mean they have immunity from being held accountable for intentionally breaking the law.  Being elected means they must be held to at least the same standard of conduct as those who trusted them with their vote. 

BE AWARE: Dozens of City and County Commissioners think they are better than you.  They think they are above the law. They are spending hard earned tax dollars to sue the State for expecting local government officials to obey the law just like you and everybody else.   

Attorneys for dozens of cities - including Tallahassee, the Capitol of Florida - filed a brief urging the 1st District Court of Appeal to rule that local government officials can intentionally break Florida State law and not be punished. 

 

Reprinted with Permission

December 24, 2019

Jim Saunders 

TALLAHASSEE - Describing the law as an “unnecessary and unconstitutional overreach,” cities and counties argue that an appeals court should reject a 2011 state law that threatens tough penalties if local elected officials approve gun regulations. 

Attorneys for dozens of cities, counties and local officials filed a brief Monday urging the 1st District Court of Appeal to uphold a lower-court decision that found the law unconstitutional. Challenges to the law were filed after the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, as local governments looked for ways to curb gun violence. 

The brief Monday said the threatened penalties violate legal immunities provided to local officials as they make policy decisions. 

“These immunities underscore our republican form of government in which citizens choose their elected officials, who are then duty-bound to represent their constituents’ interests through legislative and regulatory initiatives,” the 54-page brief said. “Without immunity from liability, officials and localities are understandably likely to refrain from acting on matters they reasonably believe are both permissible and in the interest of their constituents, for fear of professional and financial ruin if it is later determined their belief was mistaken.” 

Florida since 1987 has barred cities and counties from passing regulations that are stricter than state firearms laws, a concept known as “preemption” of local gun laws. The 2011 law was designed to strengthen the preemption by adding penalties, such as the possibility of local officials facing $5,000 fines and potential removal from office for passing gun regulations. 

The legal battle is not about the underlying 1987 preemption law. 

But the penalties law was challenged by 30 cities, three counties and more than 70 elected officials, according to Monday’s brief. That includes cities such as Miami Beach, Fort Lauderdale, West Palm Beach, Orlando, St. Petersburg, Gainesville and Tallahassee. 

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. 

Lawyers for Attorney General Ashley Moody and Gov. Ron DeSantis took the case to the Tallahassee-based 1st District Court of Appeal and argued that Dodson’s ruling should be overturned. In a brief last month, they 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.”

 

 

 

 

 

TRENDING NOW
Texas: A Flurry of Anti-Gun Bills Introduced on the First Day of Prefiling

Monday, November 9, 2026

Texas: A Flurry of Anti-Gun Bills Introduced on the First Day of Prefiling

Prefiling of legislative bills for the 2027 Regular Session of the Texas State Legislature began today. On the first day alone, legislators filed roughly 35 firearm-related bills, with the vast majority aimed are infringing on ...

Trump Administration Loses Two of its Brightest Second Amendment Lights

News  

Monday, November 9, 2026

Trump Administration Loses Two of its Brightest Second Amendment Lights

Along with other difficult tidings, the last couple of weeks brought the unfortunate news that two key figures in the Trump administration’s Second Amendment Renaissance were leaving government service. 

Virginia Attorney General Jay Jones Reveals Ignorance on Basic Firearms Technology

News  

Monday, November 9, 2026

Virginia Attorney General Jay Jones Reveals Ignorance on Basic Firearms Technology

Back in 2019, David Harsanyi penned an article titled, If You’re Trying To Ban Guns, The Least You Can Do Is Learn The Basics, which focused on complaints of “gunsplaining” by gun control advocates objecting ...

Arizona: Anti-Gun Lawmakers Waste No Time Taking Aim at Second Amendment Rights

Friday, November 6, 2026

Arizona: Anti-Gun Lawmakers Waste No Time Taking Aim at Second Amendment Rights

Just hours after Election Day, anti-gun lawmakers in Arizona are already signaling plans to pursue gun control in 2027, leaving law-abiding Arizonans to face the harsh reality that a consequential legislative session lies ahead.  

The Election is Over: Now the Real Work Begins

News  

Wednesday, November 4, 2026

The Election is Over: Now the Real Work Begins

While the complete picture from the 2026 midterm elections is still emerging, the results, to say the least, were not what gun owners wanted. Anti-gun forces took control of the U.S. Senate and House of ...

Criminals Keep Reoffending, Politicians Keep Talking Gun Control

News  

Monday, November 9, 2026

Criminals Keep Reoffending, Politicians Keep Talking Gun Control

The ballots have barely been counted from the 2026 midterm elections, and national gun control organizations are celebrating political victories while eagerly awaiting the next wave of firearm restrictions. 

Ohio: Suppressor Bill on the Move, Take Action Today!

Tuesday, November 10, 2026

Ohio: Suppressor Bill on the Move, Take Action Today!

Today, the House Public Safety Committee passed SB 214, legislation to remove firearm suppressors from the definition of “dangerous ordnance” in the Ohio Revised Code, and it is now eligible for floor votes in the ...

Grassroots Spotlight: Building Grassroots Momentum in Eastern Pennsylvania

Take Action  

Monday, November 9, 2026

Grassroots Spotlight: Building Grassroots Momentum in Eastern Pennsylvania

Just days after the election, the NRA was hard at work in eastern Pennsylvania at Saints Logistics.

DOJ Files Amicus Brief Supporting NRA-Backed Challenge to IL’s Ban on “Assault Weapons” and “Large-Capacity Magazines”

Tuesday, June 17, 2025

DOJ Files Amicus Brief Supporting NRA-Backed Challenge to IL’s Ban on “Assault Weapons” and “Large-Capacity Magazines”

Last Friday, the U.S. Department of Justice filed an amicus brief in the Seventh Circuit supporting an NRA-backed challenge to Illinois’s prohibition on so-called “assault weapons” and “large-capacity magazines.”

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

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.