• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
MENUMENU
MENUMENU
  • Home
  • About
    • Contact Us
    • FlaglerLive Board of Directors
    • Comment Policy
    • Mission Statement
    • Our Values
  • Live Calendar
  • Submit Obituary
  • Submit an Event
  • Support FlaglerLive
  • Advertise on FlaglerLive (386) 503-3808
  • Search Results

FlaglerLive

No Bull, no Fluff, No Smudges

MENUMENU
  • Flagler
    • Flagler County Commission
    • Beverly Beach
    • Economic Development Council
    • Flagler History
    • Mondex/Daytona North
    • The Hammock
    • Tourist Development Council
  • Palm Coast
    • Palm Coast City Council
    • Palm Coast Crime
  • Bunnell
    • Bunnell City Commission
    • Bunnell Crime
  • Flagler Beach
    • Flagler Beach City Commission
    • Flagler Beach Crime
  • Cops/Courts
    • Circuit & County Court
    • Florida Supreme Court
    • Federal Courts
    • Flagler 911
    • Fire House
    • Flagler County Sheriff
    • Flagler Jail Bookings
    • Traffic Accidents
  • Rights & Liberties
    • Fourth Amendment
    • First Amendment
    • Privacy
    • Second Amendment
    • Seventh Amendment
    • Sixth Amendment
    • Sunshine Law
    • Third Amendment
    • Religion & Beliefs
    • Human Rights
    • Immigration
    • Labor Rights
    • 14th Amendment
    • Civil Rights
  • Schools
    • Adult Education
    • Belle Terre Elementary
    • Buddy Taylor Middle
    • Bunnell Elementary
    • Charter Schools
    • Daytona State College
    • Flagler County School Board
    • Flagler Palm Coast High School
    • Higher Education
    • Imagine School
    • Indian Trails Middle
    • Matanzas High School
    • Old Kings Elementary
    • Rymfire Elementary
    • Stetson University
    • Wadsworth Elementary
    • University of Florida/Florida State
  • Economy
    • Jobs & Unemployment
    • Business & Economy
    • Development & Sprawl
    • Leisure & Tourism
    • Local Business
    • Local Media
    • Real Estate & Development
    • Taxes
  • Commentary
    • The Conversation
    • Pierre Tristam
    • Diane Roberts
    • Guest Columns
    • Byblos
    • Editor's Blog
  • Culture
    • African American Cultural Society
    • Arts in Palm Coast & Flagler
    • Books
    • City Repertory Theatre
    • Flagler Auditorium
    • Flagler Playhouse
    • Flagler Youth Orchestra
    • Jacksonville Symphony Orchestra
    • Palm Coast Arts Foundation
    • Special Events
  • Elections 2022
    • Amendments and Referendums
    • Presidential Election
    • Campaign Finance
    • City Elections
    • Congressional
    • Constitutionals
    • Courts
    • Governor
    • Polls
    • Voting Rights
  • Florida
    • Federal Politics
    • Florida History
    • Florida Legislature
    • Florida Legislature
    • Ron DeSantis
  • Health & Society
    • Flagler County Health Department
    • Ask the Doctor Column
    • Health Care
    • Health Care Business
    • Covid-19
    • Children and Families
    • Medicaid and Medicare
    • Mental Health
    • Poverty
    • Violence
  • All Else
    • Daily Briefing
    • Americana
    • Obituaries
    • News Briefs
    • Weather and Climate
    • Wildlife

Counties Begin Push-Back Against State’s Prohibition of Stronger Gun-Control

October 11, 2012 | FlaglerLive | 2 Comments

The sign would be illegal in most places in Florida. (Static416)

A Leon County circuit judge Wednesday said two South Florida counties can pursue a legal challenge against Gov. Rick Scott about a state crackdown on local gun restrictions, though the House and Senate will be dropped from the case.

Palm Beach County commissioners late last year filed a constitutional challenge to a 2011 law that subjects city and county officials to personal fines and possible removal from office if they try to stiffen gun regulations. Broward County was allowed to formally intervene in the case Wednesday.

Circuit Judge John Cooper said during a hearing that the counties can continue suing Scott over part of the law that would give the governor the power to remove local officials for violations — a provision that Palm Beach and Broward say exceeds the governor’s constitutional authority.

But Cooper went along with state requests to dismiss other parts of the case, including the House, Senate and Attorney General Pam Bondi as defendants. That decision also would effectively prevent a challenge to the constitutionality of the fines that could be imposed on local officials.

Cooper said Scott should remain a defendant because the law would give him enforcement power, while the Legislature or Bondi wouldn’t have such authority. Courts would assess the fines, which could be up to $5,000. Cooper said local officials could later challenge the constitutionality of the fines if they have to defend themselves against alleged violations of the law.

Palm Beach County attorney Amy Taylor Petrick raised the possibility of appealing Cooper’s decision to dismiss parts of the case, though she said county commissioners ultimately would have to make such a decision. Petrick said the law was intended as a “political threat” to prevent gun restrictions and that the prospect of fines could stop local officials from considering gun-related measures.

“No one can be expected to put themselves on the line in such a fashion,” she said.

Jason Vail, an attorney for the state, asked Cooper to also dismiss Scott as a defendant, saying there is no “immediate threat of injury to the county commissioners.”

But Cooper pointed to what he described as a potential “chilling effect” on the duties and rights of local elected officials.


“I think the nature of the statute invites heightened scrutiny for what it attempts to regulate,” he said.

The case is rooted in a longstanding state law — known as a “preemption” law — that is designed to prevent local governments from passing gun ordinances that are stricter than what the Legislature has approved. With gun-rights advocates arguing that cities and counties were not complying with the preemption law, the Republican-controlled Legislature approved the measure last year to penalize local officials who try to impose tougher regulations.

The lawsuit filed by Palm Beach County commissioners argues that the threat of personal fines and removal from office violate the “legislative immunity” that local officials typically have when they pass ordinances. Also, it says counties have some authority to make decisions about gun issues, such as in part of the state constitution that allows them to require criminal records checks and waiting periods when firearms are sold to people who do not have concealed-weapon permits.

–Jim Saunders, News Service of Florida

Print Friendly, PDF & Email
You and your neighbors collectively read our articles about 25,000 times each day (that's not a typo) with up to 65,000 daily reads during emergencies like hurricanes. Flagler County residents rely on FlaglerLive for essential, bold and analytical journalism that cannot be found anywhere else. But we depend on your support. Please join our December fund drive! If you donate the cost of a scoop of ice cream, you will be helping us continue to provide comprehensive local news and honest, serious journalism for our community. If you can donate more or become a monthly donor, even better. Donations are tax deductible since FlaglerLive is a 501(c)(3) non-profit news organization. Donate by clicking anywhere in this box. Think of it as buying a scoop, in every sense of the term!  
All donors' identities are kept confidential and anonymous.
   

Reader Interactions

Comments

  1. Rich7553 says

    October 11, 2012 at 8:38 pm

    For 25 years, local governments like Palm Beach County willfully violated the state firearm preemption statute. Now that they can be punished for violating the law, they have the nerve to complain?

    Reply
  2. Geezer says

    October 12, 2012 at 8:12 am

    We’ve become gun-crazy, haven’t we?

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Primary Sidebar

Advertisers

  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents
  • WNZF Creekside Festival

Recent Comments

  • Celia Pugliese on Palm Coast Council Member Steps Back from Malacompra Beach Annexation, Opting for ‘Different Options’
  • CELIA PUGLIESE on Rezoning Enabling Up to 850 Homes in Seminole Woods Causes Sharp Debate Before Palm Coast Approval
  • Atwp on College Football Reflects America As it Really Is: Indefensible In a Civilized World
  • Celia M. Pugliese on Rezoning Enabling Up to 850 Homes in Seminole Woods Causes Sharp Debate Before Palm Coast Approval
  • The dude on Clarence Thomas Secretly Participated in Koch Network Donor Events
  • The dude on Clarence Thomas Secretly Participated in Koch Network Donor Events
  • The dude on At Root of Palm Coast’s Affordable Housing Crisis: We Got Our Own. Screw the Rest. 
  • The dude on At Root of Palm Coast’s Affordable Housing Crisis: We Got Our Own. Screw the Rest. 
  • Tina olive on Palm Coast Council Member Steps Back from Malacompra Beach Annexation, Opting for ‘Different Options’
  • Adam Frank on Palm Coast Council Member Steps Back from Malacompra Beach Annexation, Opting for ‘Different Options’
  • Jerry on College Football Reflects America As it Really Is: Indefensible In a Civilized World
  • Jason on College Football Reflects America As it Really Is: Indefensible In a Civilized World
  • Denali on Palm Coast Council Member Steps Back from Malacompra Beach Annexation, Opting for ‘Different Options’
  • Denali on Up to 210 Homes Approved on Old Kings Road South of SR100 But Polo Club West Neighbors Have Worries
  • Denali on Clarence Thomas Secretly Participated in Koch Network Donor Events
  • richard on College Football Reflects America As it Really Is: Indefensible In a Civilized World

Log in