Florida Carry Wins Preemption Lawsuit Against Broward County Over Illegal Gun Control Ordinances

 

If you thought the breathtaking level of incompetence and ignorance of basic legal and administrative norms in Broward County, Florida was limited to the Sheriff’s Department under their disgraced former top cop, think again.

From Florida Carry . . .

Florida Carry, Inc. has emerged victorious in their lawsuit against Broward County and County Administrator Bertha Henry in which they sought a permanent injunction to protect the rights of law abiding gun owners from the county’s multiple illegal ordinances that burden nearly all aspects of firearms ownership, use, transfer, and possession.

“Broward County has ignored repeated attempts since 2011 by Florida Carry to gain its compliance with state law and left us with no choice but to file this case,” said Florida Carry Executive Director Sean Caranna. “Let this case serve as proof that when local officials refuse to stop breaking the law in order to deny the rights of Floridians, Florida Carry will act to demand that people’s rights be protected.”

Since 1987 the Florida Legislature has preempted firearms law and issued state-wide licenses to carry for self-defense. Florida Carry has prompted the repeal of anti-gun ordinances and regulations in over 200 Florida jurisdictions, including municipalities, counties, colleges and state agencies. “Usually the jurisdiction is responsive to our notification that there is a problem and no lawsuit is necessary,” noted Caranna. “Unfortunately, that was not the case with Broward County.”

In his ruling Judge Carlos Rodriguez granted Florida Carry’s request for summary judgement and permanently enjoined Broward County from enforcing their illegal gun laws. Florida Carry was also awarded reimbursement of legal fees.

Florida Carry won a similar case against the University of North Florida (UNF) in 2011. In Florida Carry v. UNF the First District Court of Appeal ruled that “The legislature’s primacy in firearms regulation derives directly from the Florida Constitution… Indeed, the legislature has reserved for itself the whole field of firearms regulation in section 790.33(1)…”

“It is a rare and unfortunate circumstance when local government leaders decide to willfully break state law, despite the personal penalties. When local officials are willing to knowingly violate the law in order to suppress the rights of law-abiding gun owners, they can expect that we’re going to make them pay for it.”

comments

  1. avatar frank speak says:

    these people need to be held personally responsible for willingly breaking the law….

    1. avatar Hannibal and the Elephants says:

      FS790.33 does stipulate that breakers of the law are to be punished as follows: “(b) If any county, city, town, or other local government violates this section, the court shall declare the improper ordinance, regulation, or rule invalid and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, or rule. It is no defense that in enacting the ordinance, regulation, or rule the local government was acting in good faith or upon advice of counsel.

      (c) If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred.”

      1. avatar Ed Schrade says:

        The judges always stop short of punishing the elected lawbreakers but go hog wild on everyone else. This is why this continues all over the country, no punishment where it is due.

        1. avatar Hannibal and the Elephants says:

          Having read up on the background of our local politicians at the last election, a $5000.00 fine is less than a slap in the wrist to them and more than a slap in the face to the citizens of Florida.

  2. avatar Rare Lizard says:

    This is arrogance, not incompetence or ignorance. The offenders should go to jail.

    If the Broward county decision makers were appointed then whoever appointed them should foot the bill.

    If the Broward county decision makers were elected then the taxpayers should foot the bill. Maybe next time the Broward voters will look at more than political affiliation. I doubt it too.

    1. avatar Hans says:

      Lizard, + 1.

  3. avatar Sigiloso says:

    HUGE win. Preemption is under attack everywhere

  4. avatar SwampDaddy says:

    Florida POTG, throw a few $$ at Florida Carry if you can afford it. They are fighting for us and it gets expensive when fighting the machine.

  5. avatar Timothy Toroian says:

    Every state should have criminal penalties for non-compliance with pre-emption laws, gun or otherwise.

  6. avatar possum and the Coons of Doom says:

    That picture of a guy stabbing Florida in is funny.

  7. avatar Roger J says:

    Finally a win in FL for the citizens.

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