Giffords Law Center Applauds Florida Court Ruling that Protects Local Gun Safety Advocacy
Florida circuit court blocked a harmful state law threatening local legislators with harsh penalties for voting to regulate guns
July 29, 2019 — Giffords Law Center to Prevent Gun Violence commended Florida’s Second Judicial Circuit Court for its decision invalidating an NRA-backed law that would have penalized city and county legislators who support gun violence prevention policies. In City of Weston et al. v. DeSantis, the court addressed an extreme Florida preemption law that subjected local legislators to an up to $5,000 fine and removal from office simply for voting to regulate guns or ammunition or enforce such regulations. Siding with the 33 cities and counties and 70 local advocates who challenged the law, the judge ruled that the penalty provisions violate the state and federal Constitution by punishing local lawmakers for their legislative activity.
Hannah Shearer, Giffords Law Center Litigation Director, released the following statement:
“The tireless advocacy of local lawmakers has made communities across America safer from gun violence. Local leaders are responding to threats they observe on the ground and speaking up for the policies that best meet the needs of their communities. But defying common sense and the interests of public safety, Florida took the dangerous step of not only forbidding local gun safety laws, but subjecting city and county lawmakers to thousands of dollars in fines and removal from office if they voted for any gun safety legislation later found to conflict with state law. Local lawmakers have finally secured a court victory that rescinds Florida’s dangerously misguided and unconstitutional penalties. We applaud the Court for protecting the core values of our democracy by affirming that elected officials can work to address gun violence without risking punishment or penalty.
Florida was the first state to adopt preemption penalties for local legislators who support gun safety policies, but at the behest of groups like the NRA, other states soon followed suit. Arizona imposes up to $50,000 fines on state legislators who violate its firearm preemption statute and threatens them with removal from office, and Kentucky has a law making local legislators criminally liable for violating its firearm preemption statute. In addition, Iowa, Minnesota, and Mississippi can make local officials personally liable for damages and/or attorney’s fees for violations. As the recent Florida ruling demonstrates, these dangerous and extreme laws are constitutionally vulnerable because the U.S. Constitution protects elected officials from penalties that target protected legislative actions, including in the area of gun policy.
Related Resources:
- Giffords Law Center Amicus Brief on Florida’s Preemption Law
- Giffords Law Center Background Page on State Preemption Laws
- REPORT: Economic Cost of Gun Violence in Florida