Judge In The Courtroom. Male Judge Striking The Gavel.
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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.

Local governments and officials filed three lawsuits challenging the 2011 law after the February 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland that killed 17 people. The lawsuits were ultimately consolidated in Leon County circuit court.

The local governments and officials did not challenge the underlying 1987 preemption law but contended the penalties in the 2011 law were unconstitutional. Friday’s ruling focused on arguments that the 2011 law should be rejected because of two legal concepts known as “government function immunity” and “legislative immunity.”

Judge Susan Kelsey, writing for the appellate panel, rejected the arguments and pointed to the state’s “superior authority in this context.”

“Taken together, Florida’s Constitution and statutes limit counties’ and municipalities’ powers of self-government by requiring consistency with legislatively-enacted general and special laws,” Kelsey wrote in a 14-page opinion joined by Chief Judge Stephanie Ray and Judge Brad Thomas. “As the trial court correctly noted and appellees (the local governments and officials) do not dispute, the Florida Legislature likewise is authorized to enact general laws preempting all regulation in an area of the law. As this case illustrates, the Legislature has exercised its preemption authority with respect to firearms and ammunition.”

— Jim Saunders in Florida appeals court upholds law on local gun regulations

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  1. Man…I hope you got room down there for a lot more folks fleeing the socialist utopias!!!

      • florida sucks and nobody give two rats a$ $es about your money, D head…..
        it’s people like you ruining this country and “idiots with money” are first to swing….
        so keep your nasty self down in florida with florida man and all those greasy Cubans and foreigners that are taking over florifag…

        • foreigners that are taking over florifag

          Wow “little Cuba….aka florida” YOU truly are the epitome (that means ultimate example) of a Yankee Liberal Intellectual… Thank you for sharing…

        • f Florida
          We dont want your snot nosed kids in disney and we damn sure don’t want to see your obese wife thinking she looks good on our beaches
          .so you go f;;k yourself methhead stay wherever you reside you are not welcome here.

        • people in Florida are very friendly.

          People in FL ARE very friendly, come on down, stay awhile enjoy the beaches, the sunshine, the fishing and the food and be treated to the finest in Southern Hospitality then go home… Move here and join in the community adopt the FL lifestyle and DON’T try to transform it into your old version of a Socialist Utopia and you will be welcomed and treated accordingly… Bring that Yankee Socialist ideology down here and that too will be addressed accordingly…

    • Please, just stay where you are… We have enough Red State idiots here already trying to mold FL into the Socialist shitholes they just left..

      • you make sure you stay down south, where the south will never rise… lol….a$$wipe…
        the north kicked your a….. so trust me, nobody wants to live in little cuba….

        • So THAT’s why 1100 fucking Socialist YANKEES move to FL daily… Your grasp of history is AMAZING, however at the time of the Civil War the South (that includes FL) was predominantly (that means mostly) Democrat and it was the Southern DEMOCRATS that fought and died to hold on to THEIR slaves… But I digress, ABSOLUTELY no one who fought in the Civil War is alive today therefore no one living today got their “ass kicked” by anyone and should anyone be stupid enough to attempt that today they would find that the 3rd most populated state has more guns 344,000 registered probably another 150,000 homemade and “imported”) , more people willing to use them and the means to keep ourselves supplied for years… I’ll refrain from pointing out what a moron you are since you’ve already done a very good job of that yourself… I mean “asswipe”? Really?

        • OBTW: You won’t have to worry about my pretty face gracing the roadways of the Kommie north, Kentucky is pretty much the northern border of my country, You Socialist idiots can have the rest as nothing I need OR use to live comes from your world…

        • Cubans in Florida are fantastic citizens. Solidly conservative and pro-2A. Loving life here in FL, open for business, continuing to move to the right politically, and tons of hot chicks. Not a native but I’m staying.

        • “Cubans in Florida are fantastic citizens. Solidly conservative and pro-2A.”

          Preach it, Rich.

          And may I add that Chief Judge Stephanie Ray and judge Susan Kelsey are both young, attractive women.

          Quite unlike the bitter Democrat hags in D.C…

      • @ Madd “We have enough Red State idiots”

        Since you don’t know know the difference between red and blue, perhaps you should not call others idiots.

        • Good old brainiac contributors to TTAG! Take an article about a gain for the rights of Floridian gun owners and turn it into this from post 1…

        • know the difference between red and blue

          Oops, KNOW the difference, was caught up in something else at the moment, but I guess no one else including you ever makes an error (but the asshole KNEW what I meant and did NOT catch the mistake) my bad…

  2. Sadly, legislative immunity often ultimately stops at the end of a rope. $1000 fine is a slap on the wrist.

    • The money should come out of their government pay check. And not the local operating budget.
      If that happends there will not be a need to hang them from lamposts. Which is what the voters use to do. Losing their pay usually stops the little tryants.

      • Their government paycheck comes from their people’s taxes.
        They get fines, they give themselves a raise.
        Minimum wage for Our public servants. Good enough for us good enough for them. What employers pay their employees more then they make.
        Kings forget who makes up the kingdom.

      • “The money should come out of their government pay check.”

        It’s even better, Chris – The politicians that enact those laws are *personally* liable for those fines, they are banned from using campaign funds to pay them off…

  3. Reading the whole article, the local governments were not fighting the 1987 law, but whining that the fines, looking their office, and the provision that citizens could use them and get up to $100,000.00 in damages.

    It had a chilling effect that they couldn’t pass gun safety laws. We know 100% of anti-gun and most of gun neutral politicians don’t give a damn about the safety of gun owners. A good portion are only concerned about the safety of criminals. Gun free zone prove this.

    Local government acting like little Hitlers or Stalin’s should have to not only have their wrist slapped, but losing office and a huge chunk of money is a very appropriate consequence. I assume they prefer that to hanging.

    • The law was specifically-drafted to make it personally expensive for an elected official to violate it.

      And as far as I’m concerned, any law found to violate the bill of rights should bankrupt the pieces of shit that violate it…

  4. This is probably one of the reasons many people are leaving liberal controlled states and moving to freedom loving Florida.

    • moving to freedom loving Florida.

      Florida’s carefree “freedom loving” days are numbered if those people keep coming here from those “liberal controlled states” and immediately start trying to change FL into the same mess they just left…

      • If we move to Florida, which we are considering, the state will gain three strong Constitutionalists to counterbalance the DemoCommies.

        • the state will gain three strong Constitutionalists

          Then by all means “come on down”… And let me be the first to say “welcome”…

  5. That’s exactly what the Dems do, they spread all over the country like COVID & infect every place they end up. Just like the Illegals are now & have been doing for ever. The Dems & Illegals use the same playbook, win by attrition…

  6. The text of the decision is a good read. A bunch of leftists got triple-slapped by a common-sense judge. Bravo!

  7. The best way to stop tryants without having to shoot them is to take away their government pay check. And this is very much part of defending the Second Amendment. They should be personally fined for violating a citizens 2A civil rights.
    If you want to prevent a civil war? This is a very good non violent way to do it.

    • Not fined, fired.
      Now go get a job in the steel mill or oil field. err uh well not that, maybe green energy has an opening

    • The law provides for the possibility of both fines and termination of employment. The fines cannot be paid with public funds.

  8. In other news, the US Supreme Court just voted 5-4 to stick down a California ban on in-home religious services…you know…..Covid. While this seems like a win, it seems a travesty that 4 members of the court think it is OK for a state to ban people from gathering to pray with friends in their homes.

    Go Florida!!! Strong election laws, and defending the 2A.

  9. Chris T in KY said “The best way to stop tyrants without having to shoot them is to take away their government pay check.”

    I believe that is incorrect. There is ONLY one way to stop tyrants…

    • UniverseEndingPerpetualFusionNuetrinoBlomb,
      Family owned and operated
      Vaporizing vapor since Time ended.

  10. “Court Upholds Florida’s Preemption Law as Well as Penalties and Fines for Violators”

    While that’s a move in the right direction, try to get anyone to take action or prosecute violators…good luck with that…the left continually operates without consequences, we’ve seen it time and time again…

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