Lee’s note: This just in from Florida Carry.
FLORIDA CARRY PRESS RELEASE
January 14, 2019
FOR IMMEDIATE RELEASE
FLORIDA CARRY WINS LAWSUIT AGAINST BROWARD COUNTY FOR BLATANT VIOLATIONS OF FLORIDA’S LAW THAT PREEMPTS LOCAL GUN CONTROL
Tallahassee, FL – 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.”