preemption law

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A Democratic senator Wednesday filed a bill that seeks to repeal a decades-old prohibition on cities and counties passing gun restrictions that are stricter than state firearms laws. 

Judge Clears Way For Challenges To Gun Law

Oct 24, 2018
Andy Teo (Flickr)

A circuit judge has given a boost to more than 30 local governments challenging a 2011 state law that threatens stiff penalties for city or county officials who approve gun restrictions.

Julio Ochoa / WUSF Public Media

Attorney General Pam Bondi’s office this week urged a circuit judge to dismiss a challenge to a law that imposes strict penalties on local governments and officials who violate a restriction on regulating guns and ammunition. 

Leon County plans to join a court fight against a state law that preempts most local gun-related rules. Commissioner Bryan Desolge says for him the issue isn’t about firearms. It’s about home rule.

NPR

An additional 10 municipalities have joined a challenge to the constitutionality of a state law that imposes strict penalties on local governments and officials who violate a restriction on regulating guns and ammunition. 

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Less than two months after a 19-year-old gunman shot dead 14 students and three faculty members at a Broward County high school, city and county officials in parts of Florida are pushing back against a state firearm law they say has created a chilling effect on their ability to respond to constituents’ demands.

The Tallahassee city commission is joining a group of South Florida cities in a fight against a state gun preemption rule.

The Pro gun rights group Florida Carry is threatening to sue Leon County after it passed a gun related ordinance. The ordinance imposes a waiting period and background checks for private gun sales. A 2011 preemption law prevents counties from regulating guns, but a 1998 constitutional amendment allows counties to enact background checks and waiting periods. Program Director for Florida State University’s Center for the Advancement of Human Rights, Mark Schlakman says the constitution should prevail.

A panel of judges heard arguments Tuesday in a court case involving Mayor Andrew Gillum and other members of the city commission who voted against repealing a pair of local gun ordinances. The case may have larger implications surrounding what’s known as home rule.