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
Senator Mike Lee Introduces National Constitutional Carry Act

News  

Friday, March 6, 2026

Senator Mike Lee Introduces National Constitutional Carry Act

Earlier this week, Senator Mike Lee (R-UT) introduced S. 4013, the National Constitutional Carry Act. This legislation would prohibit states from imposing any criminal or civil penalty on U.S. citizens for carrying a firearm in public. ...

Virginia: Anti-Gun Bills Headed to the Governor

News  

Sunday, March 8, 2026

Virginia: Anti-Gun Bills Headed to the Governor

As the 2026 General Assembly enters the final week of the 2026 legislative session, anti-gun lawmakers continue their push to radically change your Second Amendment rights in the Commonwealth. This week four anti-gun bills, SB ...

Michigan: Constitutional Carry Legislation Introduced

Thursday, March 5, 2026

Michigan: Constitutional Carry Legislation Introduced

A package of pro-Second Amendment legislation has been introduced in the Michigan House. House Bills 5653–5657 would make Michigan the 30th state in the nation to recognize Constitutional Carry, allowing individuals who are legally permitted ...

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Tuesday, February 17, 2026

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Today, February 17th is the legislative crossover deadline in Virginia, and any bills that have not left their chamber of origin by the end of the day are considered dead for the session.

Oregon: Senate Passes Ballot Measure 114 Bill

Friday, March 6, 2026

Oregon: Senate Passes Ballot Measure 114 Bill

Yesterday, the Senate passed an amended House Bill 4145, now engrossed as HB 4145 B. It will now return to the House for concurrence as amended.

Out-of-Touch Mayor Learns the Hard Way Michiganders Like Guns and Dogs

News  

Monday, March 2, 2026

Out-of-Touch Mayor Learns the Hard Way Michiganders Like Guns and Dogs

“The NRA is going to be mad at me.”  So said David LaGrand (D), mayor of the second largest city in the state of Michigan. We don’t get mad, however, when firearm prohibitionists reveal their true ...

Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

Oregon Ballot Initiative Would Outlaw Hunting and Traditional Farming

News  

Monday, March 2, 2026

Oregon Ballot Initiative Would Outlaw Hunting and Traditional Farming

“Citizen-driven” ballot measures for hunting restrictions or bans are nothing new, but an Oregon initiative aiming to get on the ballot this November has the primary goal of establishing “a ban on any intentional injury ...

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.