Broward Challenges Law Barring Local Gun Limits
Broward County, the scene of the Parkland high school mass shooting, is suing state officials to challenge a preemption law barring any gun-control…
May 01, 2018 at 12:52 PM
3 minute read
Broward County, the scene of the Parkland high school mass shooting, is suing state officials to challenge a preemption law barring any gun-control restrictions that are tougher than Florida's gun laws.
The lawsuit filed April 23 in Leon Circuit Court in Tallahassee challenges the constitutionality of the law and claims it violates Broward's home-rule rights.
“Repeated, horrific, mass shootings have devastated American communities across the country, including recently our own Broward County community at Marjory Stoneman Douglas High School,” the complaint said.
Students and parents “have petitioned, pleaded and pressured their elected officials” to restrict access to firearms and ammunition since 17 people died in the Parkland attack, the lawsuit said.
Under a 2011 law backed by the National Rifle Association, government officials who vote for restrictions could face a felony charge, a $5,000 fine and removal from office. The law also would punish a local agency for adopting a firearms registry with a fine of up to $5 million.
The complaint signed by Deputy County Attorney Rene D. Harrod on behalf of County Attorney Andrew J. Meyers claims the restrictions exceed the governor's authority, conflict with sovereign immunity protections and violate home-rule protections.
A draft ordinance that has not been adopted by the Broward County Commission was attached to the lawsuit. It would impose a five-day waiting period and strengthen background checks for purchases, ban guns at polling places and school administration buildings under an exception to the state concealed weapons law and restrict gun shows on county-owned property.
Defendants in the case are Gov. Rick Scott, Attorney General Pam Bondi, Agriculture and Consumer Services Secretary Adam Putnam, Florida Department of Law Enforcement Commissioner Rick Swearingen, Auditor General Sherrill Norman and Chief Financial Officer Jimmy Patronis.
In response to the Parkland shooting, the Legislature banned bump stocks, set a minimum age of 21 for gun purchases and adopted a “red flag” rule allowing a judge to authorize the confiscation of guns owned by people deemed a danger to themselves or others.
Since the law passed March 9, Broward has led the state with 34 confiscation orders, the Sun Sentinel reported Thursday. Miami-Dade County was next with four court orders.
In other lawsuits since the Parkland shooting, 13 South Florida communities are challenging the state gun-control preemption law.
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