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
Connecticut: Pistol Ban Advances in the Legislature

Sunday, March 29, 2026

Connecticut: Pistol Ban Advances in the Legislature

Last week, the Connecticut Judiciary Committee voted to advance HB5043 - A bill championed by Governor Ned Lamount aimed at banning so-called "convertible pistols".

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

Washington: Governor Signs 3D-Printing Ban

Thursday, March 26, 2026

Washington: Governor Signs 3D-Printing Ban

The Washington legislature adjourned sine die from the 2026 legislative session on March 12. 

Ammunition Serialization: The Five-Cent Fiasco in Illinois

News  

Monday, March 30, 2026

Ammunition Serialization: The Five-Cent Fiasco in Illinois

Democrat officials in Illinois have long taken unabashed pride in the abridgement of Second Amendment rights, and their latest attempt at “bullet control” is again making headlines.

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Monday, March 23, 2026

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Today, the U.S. District Court for the Eastern District of California granted a stipulation for final judgment and permanent injunction in Safari Club International v. Bonta, under which the state conceded that its firearm advertising restriction is unconstitutional ...

California Court’s “Technical Issue” Nullifies Background Checks

News  

Monday, March 30, 2026

California Court’s “Technical Issue” Nullifies Background Checks

California, already well known for its de-policing, non-prosecution, and other soft-on-crime policies, has taken enabling criminals to a whole new level.

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

Friday, March 20, 2026

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

The saga of ATF’s enforcement of the National Firearm Act’s “short barreled rifle” provisions against braced pistols has been a roller coaster ride of shifting interpretations. NRA-ILA has been keeping up with, reporting on, and ...

NRA Seeks to Invalidate California’s Handgun “Roster” in Legal Challenge

News  

Monday, March 30, 2026

NRA Seeks to Invalidate California’s Handgun “Roster” in Legal Challenge

The National Rifle Association has taken legal action challenging California’s Handgun Roster, a regulatory regime that effectively bans most commonly owned handguns.

Is Finland Looking to Emulate America’s Founding Era on Firearms?

News  

Monday, March 30, 2026

Is Finland Looking to Emulate America’s Founding Era on Firearms?

We’ve written before about Finland, a European nation with arguably better gun laws than the majority of the continent.  

“Gun Free Zones” Herd Honest Citizens into Physical and Legal Peril

News  

Monday, March 30, 2026

“Gun Free Zones” Herd Honest Citizens into Physical and Legal Peril

Never mind the homelessness, drug use, and routine violence … according to Empire State politicians, New York City’s transit system is a “sensitive place.”

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.