On March 24, 2018, students from Marjory Stoneman Douglas High School in Florida, the scene of a mass shooting Feb. 14, were joined by more than 800,000 people in a nationwide protest demanding sensible gun control laws. (Michael Nigro/Sipa USA/TNS)
Pointing to a “hierarchical relationship” with local governments, the state has asked an appeals court to uphold a 2011 law that has threatened tough penalties if city and county officials approve gun regulations.
Lawyers in the offices of Attorney General Ashley Moody and Gov. Ron DeSantis filed a 42-page brief late Friday arguing that the 1st District Court of Appeal should overturn a circuit judge’s ruling that said parts of the law were unconstitutional.
Florida since 1987 has barred cities and counties from passing regulations that are stricter than state firearms laws, and the penalties in the 2011 law were designed to strengthen that “preemption.” The law, for example, could lead to local officials facing $5,000 fines and potential removal from office for passing gun regulations.
The brief filed Friday 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.”
“The trial court’s decision is premised on unsupported theories of immunity inconsistent with the constitutional supremacy of the state’s authority over its counties and municipalities,” the brief said. “If allowed to stand, the decision will not only invite the development of a patchwork regulatory regime in the area of firearms but also render the Legislature impotent to deter power grabs by local officials in other areas.”
But as an indication of the potential legal stakes of the case, the Florida League of Cities and the Florida Association of Counties on Monday filed a document requesting approval to submit a friend-of-the-court brief on behalf of the dozens of local governments and officials challenging the law.
“The resolution of the question on appeal is of great importance to the League and FAC [Florida Association of Counties] and their memberships of diverse local governmental entities across the state of Florida,” the request said. “A determination that the penalty provisions are constitutional increases the threat of liability at significant cost to local government officials and will also have a chilling effect on individuals desiring to serve in local government.”
Local governments and officials filed three lawsuits challenging the 2011 law after last year’s mass shooting at Marjory Stoneman Douglas High School in Parkland that killed 17 people. The lawsuits were ultimately consolidated in Leon County circuit court.
Attorneys for the local governments wrote in a February court document that city and county officials had been urged to take actions after the Marjory Stoneman Douglas shooting. Those requests involved such things 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 refrained from going ahead with the proposals because of the potential penalties in state law. Along with officials facing the possibility of fines and removal from office, the law would allow members of the public and organizations to receive damages up to $100,000 and attorney fees if they successfully sue local governments for improper gun regulations.
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Florida fights cities and counties that challenged 2011 gun law after Parkland shooting
The state asked an appeals court to uphold a 2011 law that has threatened tough penalties if city and county officials approve gun regulations. Local governments and officials had filed three lawsuits challenging the 2011 law after last year’s mass shooting at Marjory Stoneman Douglas High...
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