Florida Carry wins lawsuit against Broward County

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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.”

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Florida Carry, Inc.
PO Box 1024
Lehigh Acres, FL 33970-1024
850-270-7486 news@floridacarry.org

Florida Carry is a Not-For-Profit Corporation incorporated in Florida. 501©(4) status has been applied for, non-member donations are not accepted, membership dues and member donations are not deductible for tax purposes.

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So what exactly does this mean?

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Municipalities try to enact local ordinances contrary to FL WEAPONS AND FIREARMS PREEMPTION

often FL Carry sends them a letter (intent to sue) saying no-no and they back down, Broward County did not back down

FL Carry sued, a Judge said Broward County is in the wrong, they pay FL Carrys expenses and must tow the line.

Unfortunately there are bombardments from every direction and its a small win.

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Interesting case once you find the actual complaint:

I only gave it a quick glance, but if I’m reading it right, it looks like the County enacted its own ordinances that probably mirror state law - no firearms in airports or child care centers, no shooting across roads and that sort of thing. But apparently only the state legislature has the authority to pass laws concerning firearms. So Florida Carry sued and the Court agreed with them that yes, only the state legislature can pass such laws, not the County. Summary judgment granted as well as attorney’s fees. Or at least that’s what I got out of it.

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Neat , there’s a slow movement to do the opposite of that here in Oregon. Counties decide gun laws for themselves and the state cannot intervene, Kate Brown and her cronies are throwing a hissy fit though.

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