State Supreme Court upholds penalties for local governments tightening gun restrictions

Published Jan. 20, 2023, 2:28 p.m. ET | Updated Jan. 20, 2023

A.G. Ashley Moody with Florida Cabinet, July 8, 2019 (@ashleymoodyfl, Instagram)
A.G. Ashley Moody with Florida Cabinet, July 8, 2019 (@ashleymoodyfl, Instagram)

TALLAHASSEE (FLV) – The Florida Supreme Court rejected opposition to a state law that penalizes local governments and officials if they try to approve gun restrictions that are stricter than state laws.

The 5-1 ruling Thursday was against 33 cities and counties that argued the penalties in the 2011 law were unconstitutional.

“Big win for our office in the Florida Supreme Court,” Attorney General Ashley Moody said. “Our attorneys fought hard to make sure local governments can’t trample on your 2nd Amendment rights.”

Edward Guedes represents counties and municipalities challenging the law.

“Naturally, we’re disappointed by the decision, because we believe it sets a dangerous precedent for hometown democracy in Florida,” Guedes said.

In 1987, Florida passed a law that prohibits cities and counties from creating regulations that are stricter than state firearm laws. In 2011, Florida added civil penalties and fines for local officials who violate the 1987 law.

The penalty provision calls for a fine of up to $5,000 against any local official for “knowing and willful” violations of the statute.

The case originates from the 2018 mass shooting at Marjory Stoneman Douglas High School where several local governments challenged the penalty provision of the law. Former Democratic Agriculture Commissioner Nikki Fried also joined the suit alongside the multiple municipalities suing the state.

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