Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Supreme Court Upholds Penalty Provision in State Preemption Statute.

Tuesday, January 31, 2023

Florida Supreme Court Upholds Penalty Provision in State Preemption Statute.

Florida’s highest court upheld the penalty provision in the state’s preemption statute, which holds local officials accountable by directly fining them for knowingly passing preempted ordinances.  

Like many states, Florida sought to have a uniform system of firearms laws and passed a preemption statute. But in 2011, after many lawsuits were filed against localities challenging preempted statutes, the state inserted a penalty provision into the statute. Local officials would now be fined up to $5,000 for knowingly passing preempted ordinances with a kicker: “public funds may not be used to defend or reimburse” the official for their unlawful conduct. That provision proved to be effective and largely stopped localities from passing preempted ordinances.

But it left many local officials frustrated. Over 70 of them, along with three counties and 30 municipalities, filed suit challenging the provision. The Florida Supreme Court squarely and unequivocally rejected their claims: “we find no merit in Petitioners’ argument.” But what is telling is that these officials had no qualms about spending public resources, likely in the six-figure range, to take their meritless lawsuit up to the Florida Supreme Court just so they wouldn’t have to personally pay $5,000 for violating state law. 

The case was captioned Fried v. State of Florida. The NRA participated as an amicus curiae.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights.

IN THIS ARTICLE
Florida Preemption Laws
TRENDING NOW
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).

Last Chance for Gun Owners to Ask U.S. House to Amend the Reconciliation Bill

News  

Monday, May 19, 2025

Last Chance for Gun Owners to Ask U.S. House to Amend the Reconciliation Bill

The U.S. House of Representatives has another chance to amend the current Reconciliation Bill making its way through Congress. The Reconciliation Bill would currently rescind the unconstitutional tax on suppressors, but it doesn’t remove them ...

Trump DOJ Settles Lawsuits Involving Forced Reset Triggers

News  

Monday, May 19, 2025

Trump DOJ Settles Lawsuits Involving Forced Reset Triggers

On Friday, May 16, the U.S. Department of Justice (DOJ) announced the settlement of several lawsuits arising from the Biden-Harris regime’s attempt to reclassify forced reset triggers (FRTs) as “machineguns.” DOJ’s announcement cited President Trump’s Executive Order Protecting ...

NRA Statement on House Passage of Reconciliation Bill

News  

Second Amendment  

Thursday, May 22, 2025

NRA Statement on House Passage of Reconciliation Bill

"This morning, the U.S. House of Representatives passed President Trump's One, Big, Beautiful Bill, which includes the complete removal of suppressors from the National Firearms Act (NFA). This represents a monumental victory for Second Amendment ...

Clueless Anti-gun Democrats Dig Themselves an Ever Deeper Hole

Monday, May 19, 2025

Clueless Anti-gun Democrats Dig Themselves an Ever Deeper Hole

Anyone reading the firearm-related news these days is reminded that anti-gun Democrats appear oblivious to the blunt message sent by millions of American voters last fall. Despite Democrat presidential candidate Kamala Harris blowing through a mountain ...

House Committee on Ways and Means Advances Legislation Involving Suppressors

News  

Wednesday, May 14, 2025

House Committee on Ways and Means Advances Legislation Involving Suppressors

Early this morning, The House Committee on Ways & Means, led by Chairman Jason Smith (R-MO-08) finished a markup of their section of the Reconciliation Bill. Included in this legislation was a provision which would ...

Another Court Determines Magazines Aren’t “Arms” in Upholding Arbitrary Limits

News  

Monday, May 19, 2025

Another Court Determines Magazines Aren’t “Arms” in Upholding Arbitrary Limits

Last week, the Washington State Supreme Court upheld the state’s ban on magazines that hold over ten rounds, overturning a lower court order that had deemed it unconstitutional. The 7-2 decision in State v. Gator’s Custom ...

Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Is Hogg’s time up at the DNC?

News  

Monday, May 19, 2025

Is Hogg’s time up at the DNC?

The last time we mentioned David Hogg, he had been selected to be a vice chair of the Democratic National Committee (DNC), and wasted no time making some (many?) regret that choice. Why? Because one of ...

Rocky Times for Gun Owners in the Rocky Mountain State

News  

Tuesday, May 13, 2025

Rocky Times for Gun Owners in the Rocky Mountain State

As the Colorado legislative session closes, its 2025 edition will long be remembered and lamented as a historic assault on the Second Amendment.

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.