March 17, 2022

June arguments set in gun law case - WPEC

Municipalities have not been allowed to pass regulations stricter than state firearms laws since 1987. The law on penalties was added in 2011. (News Service of Florida)
Municipalities have not been allowed to pass regulations stricter than state firearms laws since 1987. The law on penalties was added in 2011. (News Service of Florida)

TALLAHASSEE, Fla. (NSF) — The Florida Supreme Court will hear arguments June 9 in challenges to a 2011 state law that threatens stiff penalties if city and county officials pass gun-related regulations.

Justices had previously said they would take up the case but issued an order Thursday scheduling arguments.

More than 30 local governments, dozens of local officials and state Agriculture Commissioner Nikki Fried have challenged the law, which was upheld last year by the 1st District Court of Appeal.

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 for passing gun regulations.

The case does not challenge the underlying 1987 law but contends the penalties in the 2011 law are unconstitutional because they violate legal immunities for local officials and governments.

Cities, counties and local officials challenged the 2011 law after the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland that killed 17 people.

Attorneys for the local governments wrote in a 2019 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.



source: https://cbs12.com/news/local/florida-gun-law-municipalities-lawsuit-case-penalties-supreme-court-june-arguments

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