Edward GuedesAppeals Court Weighs Penalties for Local Gun Regulations
Edward Guedes told a three-judge panel of the appellate court that local officials cannot be punished for enacting stricter gun control measures because local governments are entitled to "absolute legislative immunity" when acting in their official capacity.
July 15, 2020 at 01:53 PM
5 minute read
Imposing stiff penalties on city and county officials who approve gun regulations that go beyond state firearms laws came under scrutiny, as an appeals court considers a lower-court ruling in lawsuits filed after the 2018 mass shooting at Marjory Stoneman Douglas High School in Broward County.
Dozens of city and county officials filed the lawsuits challenging a 2011 state law that threatens the penalties. The government officials, many from South Florida, said the law had a "chilling effect" on their ability to enact ordinances aimed at reducing gun violence.
Leon County Circuit Judge Charles Dodson last July ruled that, while the Legislature has the authority to prevent local governments from passing gun regulations that are stricter than state laws, local officials cannot be punished for enacting such measures. Lawyers for Attorney General Ashley Moody and Gov. Ron DeSantis asked the First District Court of Appeal to overturn the decision.
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