According to Firearm Chronicles
Can cities in the state of Florida essentially ignore the state’s firearm preemption law that leaves gun regulation up to the state legislature? Absolutely, or so argue attorneys for a number of local politicians across the state that are challenging a 2011 law that allows officials to be fined or removed from office if they willfully violate the state’s preemption statute.
The state’s First District Court of Appeals heard arguments in that challenge on Monday, after a district court judge ruled back in July of 2019 that the 2011 law ruled the law to be unconstitutional, while upholding the underlying firearms preemption statute approved by lawmakers in 1987. In essence, the decision rendered the preemption law utterly toothless, which is why Attorney General Ashley Moody, Gov. Ron DeSantis appealed the decision to the First District.
Edward Guedes, representing the elected officials who originally filed suit against the 2011 law, argued in court Tuesday that local lawmakers should enjoy “absolute legislative immunity” for their official actions, even if doing so clearly violates state law.
“We are at a very important threshold, that once we cross it, local democracy becomes meaningless,” Guedes said.
But Judge Brad Thomas appeared unconvinced.
“Let’s go back to my hypothetical, where the local government knowingly passes an ordinance in violation of state law, imposes a 60-day potential jail time on a citizen, a citizen is arrested and put in jail under a county ordinance that was clearly preempted. Does the Legislature not have the right to prevent that kind of evil?” he asked.
“Not at the expense of constitutional principles,” Guedes replied.