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
Dick’s Spends Big on Gun-Chopping, Virtue-Signaling Bonanza (But It Will Still Sell You a Firearm)

News  

Sunday, October 13, 2019

Dick’s Spends Big on Gun-Chopping, Virtue-Signaling Bonanza (But It Will Still Sell You a Firearm)

Ed Stack, the CEO of Dick’s Sporting Goods, wants you to know he’s committed to keeping AR-15s “off the street.” But he’s also committed (for the time being) to selling other types of firearms.

California: Governor Newsom Signs Anti-Gun Bills into Law

Friday, October 11, 2019

California: Governor Newsom Signs Anti-Gun Bills into Law

Earlier today, Governor Newsom signed the seven anti-gun bills listed below into law.  

California: Anti-Gun and Anti-Hunting Bill Signed into Law

Monday, October 14, 2019

California: Anti-Gun and Anti-Hunting Bill Signed into Law

Prior to the October 13 deadline, Governor Newsom signed the final anti-gun and anti-hunting bills, AB 1254 and SB 172 into law.  

Number of Concealed Carry Permit Holders Increased Again

News  

Sunday, October 13, 2019

Number of Concealed Carry Permit Holders Increased Again

Last week, economist John Lott of the Crime Prevention Research Center released “Concealed Carry Permit Holders Across the United States: 2019,” his annual report on the number of concealed carry permit holders in the U.S.

Member Spotlight: Meet the Police Officer Who Told Congress She ‘Would Not Comply' with a Gun Ban

News  

Friday, October 4, 2019

Member Spotlight: Meet the Police Officer Who Told Congress She ‘Would Not Comply' with a Gun Ban

Last week, a retired Tulsa, Oklahoma law enforcement officer testified in a Congressional hearing that she “would not comply” if Congress passes a ban on firearms. Her bold assertion earned her national media attention and ...

Virginia’s Anti-gun Politicians Put Politics Before Fighting Gun Crime

News  

Sunday, October 13, 2019

Virginia’s Anti-gun Politicians Put Politics Before Fighting Gun Crime

Virginia’s anti-gun politicians are serious about attacking law-abiding gun owners, but are indifferent about actual gun crime. As highlighted in a recent report in the Washington Free Beacon by Stephen Gutowski, the Virginia Department of Justice Services ...

Virginia Police Chief Advocates Ban on All Guns at U.S. House “Assault Weapons” Hearing

News  

Friday, September 27, 2019

Virginia Police Chief Advocates Ban on All Guns at U.S. House “Assault Weapons” Hearing

On Sept. 25, the Democrat-led U.S. House Judiciary Committee held a 3 ½ hour “hearing” entitled “Protecting America From Assault Weapons.” That framing of the issue underscored the erroneous notion that Americans need protection from ...

Kamala Harris and Her Perplexing Anti-Gun Ideas

News  

Friday, August 2, 2019

Kamala Harris and Her Perplexing Anti-Gun Ideas

U.S. Senator Kamala Harris (D-Calif.), one of the two-dozen Democrat presidential hopefuls vying to take on President Donald Trump in 2020, has been promoting her anti-gun platform for many months. This isn’t really news, as ...

Grassroots Spotlight: NRA-ILA Fighting the Bloomberg Money In Virginia 2019 Elections

News  

Sunday, October 13, 2019

Grassroots Spotlight: NRA-ILA Fighting the Bloomberg Money In Virginia 2019 Elections

The Nov. 5th election may be the most consequential ever for our Second Amendment rights in the Commonwealth. That’s because every seat in the Virginia House of Delegates and Senate is up for grabs and gun control ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

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.