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Weiss Serota Attorneys Secure Impactful Ruling on Behalf of Local Governments in Florida Firearm Preemption Case

Congratulations to the Firm’s Jamie Cole, Edward Guedes and Adam Hapner for their leading role in the consolidate lawsuit brought by 30 cities, 3 counties and over 70 local elected officials against the Governor and various state officials regarding firearm regulations. On Friday, July 26, the Honorable Leon County Circuit Judge Charles Dodson entered a final judgment invalidating a 2011 state law that penalized local officials for enacting local firearm regulations that are later found to be improper. Specifically, the law imposed personal financial penalties of up to $5,000 and removal from office for any local official that enacted local laws related to firearms, as well as created a cause of action for damages and attorneys’ fees against the local government. The purpose of the penalties was to deter local governments from taking any measures regarding firearms, even those that they may be permitted to take. Judge Charles Dodson ruled that the penalties against elected officials and local governments are unconstitutional because they violate legislative and governmental function immunity, and improperly expand the Governor’s constitutional authority to remove local government officials from office.

To read the Final Judgment, please click here: Final Judgment.pdf

Categories: Constitutional Law