• 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
    • Privacy Policy
  • 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 2024
    • 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

Is State Law Restricting Local Governments’ Gun-Safety Ordinances Constitutional? Judge Hears Arguments.

June 6, 2019 | FlaglerLive | Leave a Comment

You may want to check with the Florida legislature first. (c FlaglerLive)
You may want to check with the Florida legislature first. (c FlaglerLive)

In a case filed in the aftermath of last year’s mass shooting at Marjory Stoneman Douglas High School, a circuit judge is poised to hear arguments about the constitutionality of a state law that imposes tough penalties on local officials if they approve gun regulations.


Florida since 1987 has barred cities and counties from passing regulations that are stricter than state firearms laws. But in 2011, lawmakers went further by approving a series of penalties that local governments and officials can face if they violate the prohibition.

Leon County Circuit Judge Charles Dodson is scheduled Friday to hear arguments in a challenge by cities and counties to the constitutionality of the penalties. The case has drawn briefs from gun-control groups and the National Rifle Association, which is supporting the state’s defense of the penalties.

In a motion for summary judgment filed in February, attorneys for the cities and counties contended that the penalties are unconstitutional in a number of ways, including violating separation of powers and free-speech rights. The case focuses mostly on the penalties, though it also raises arguments about vagueness of the underlying law that bars cities and counties from passing gun regulations — what is known as a “preemption” law.

“The penalty provisions are purportedly intended to ‘deter and prevent’ violations of the preemption law, but the penalty provisions are so harsh and the preemption law so vague that they preclude local governments and elected officials from taking any action that is even remotely related to firearms or that might conceivably or arguably be interpreted or misconstrued as preempted,” the motion said.

Lawyers for Gov. Ron DeSantis and Attorney General Ashley Moody’s office also have filed motions for summary judgment, contending that Dodson should uphold the constitutionality of the penalties. DeSantis’ lawyers wrote that the Legislature approved the penalties in 2011 to strengthen the preemption law “after abuse and intentional ignorance by local municipalities.”

“(It) is a bedrock principle of American constitutional law that local governments have no legal authority to defy the will of their creator: the state,” the National Rifle Association argued in a March brief. “Local governments are creatures of the state subject to whatever limitations on their power that the state sees fit to impose consistent with the federal or Florida Constitution, and here, the state has seen fit to penalize local usurpation of the Legislature’s sovereign power.”

The case was filed last year after a gunman killed 17 students and faculty members at Marjory Stoneman Douglas High School in Parkland. The mass shooting, along with other incidents such as the 2016 massacre at Pulse nightclub in Orlando, helped refuel calls by gun-control supporters for tougher firearms restrictions.

The plaintiffs’ motion for summary judgment said 30 municipalities, three counties and more than 70 elected local officials are taking part in the case.

After hearing arguments Friday, Dodson is giving both sides until June 13 to file proposed orders, according to court documents. If he ultimately grants summary judgment for either side, it could short-circuit the need for holding a full trial in the case.

The 2011 changes included a variety of penalties against local governments and officials if they violate the prohibition on passing gun regulations. For example, local officials can face fines up to $5,000 and potential removal from office. Also, members of the public and organizations could receive damages up to $100,000 and attorney fees if they successfully sue local governments for violations.

Attorneys for the cities and counties wrote in February that local governments have been urged to take actions such as requiring procedures or documentation to ensure compliance with background checks and waiting periods for gun purchases and requiring reporting of failed background checks. But the attorneys said local governments have refrained from going ahead with the proposals because of the “severe chilling effect” of the preemption law and penalties.

In part, the case contends that the preemption and penalties infringe on First Amendment rights.

“By both incentivizing ideological lawsuits and imposing severe penalties on local elected officials and governments, the statute intimidates officials, preventing them from passing even constituent-supported ordinances they generally believe are not preempted,” the February motion said. “The chilling effect of local officials’ abilities to do their job has cascading, adverse effects on plaintiffs’ speech, association, petition and instruction rights.”

But Moody’s office disputed such contentions, saying the law doesn’t prevent constituents from petitioning local governments to take actions.

“The statute solely penalizes officials for taking official action preempted by the statute, leaving intact citizens’ rights to discuss and promote whatever proposals they prefer,” the attorney general’s office argued in its motion for summary judgment. “The statute, moreover, encourages local officials to hear their constituents’ concerns and promote them at the state level.”

–Jim Saunders, News Service of Florida

Support FlaglerLive's End of Year Fundraiser
Thank you readers for getting us to--and past--our year-end fund-raising goal yet again. It’s a bracing way to mark our 15th year at FlaglerLive. Our donors are just a fraction of the 25,000 readers who seek us out for the best-reported, most timely, trustworthy, and independent local news site anywhere, without paywall. FlaglerLive is free. Fighting misinformation and keeping democracy in the sunshine 365/7/24 isn’t free. Take a brief moment, become a champion of fearless, enlightening journalism. Any amount helps. We’re a 501(c)(3) non-profit news organization. Donations are tax deductible.  
You may donate openly or anonymously.
We like Zeffy (no fees), but if you prefer to use PayPal, click here.

Reader Interactions

Leave a 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.

  • Conner Bosch law attorneys lawyers offices palm coast flagler county
  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Primary Sidebar

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

Recent Comments

  • Pierre Tristam on The Daily Cartoon and Live Briefing: Monday, June 2, 2025
  • Bo Peep on Flagler County Will Buy 5.2-Acre Parcel on Intracoastal North of Hammock Dune Bridge for Preservation as Parkland
  • T on Palm Coast’s Fire, Parks and Road Impact Fees Are About to Jump 90 to 160% as City Capitalizes Future on Development
  • Alice on GOP Bill Would Kick More Than 3 Million Off Food Stamps and Shift $14 Billion In Costs to States
  • Bill Boots on The Daily Cartoon and Live Briefing: Monday, June 2, 2025
  • Joe D on Why Your Electricity Bill Is So High
  • Ben Hogarth on GOP Bill Would Kick More Than 3 Million Off Food Stamps and Shift $14 Billion In Costs to States
  • Laurel on The Daily Cartoon and Live Briefing: Sunday, June 1, 2025
  • Pogo on The Daily Cartoon and Live Briefing: Monday, June 2, 2025
  • Laurel on American Doctors Are Escaping to Canada. Guess Why.
  • Dennis C Rathsam on Why Your Electricity Bill Is So High
  • Al on GOP Bill Would Kick More Than 3 Million Off Food Stamps and Shift $14 Billion In Costs to States
  • Deborah Coffey on Why Your Electricity Bill Is So High
  • Pogo on Why Your Electricity Bill Is So High
  • Pogo on The Daily Cartoon and Live Briefing: Monday, June 2, 2025
  • Dennis C Rathsam on The Daily Cartoon and Live Briefing: Monday, June 2, 2025

Log in