ST. PETERSBURG, Fla. — The Florida Supreme Court is set to hear arguments on Thursday challenging a 2011 state law that does not allow city and county officials to pass gun-related regulations.
This trial comes just over two weeks after a mass shooting at Robb Elementary school in Uvalde, Texas, in which 19 students and two teachers were killed. On Monday, two separate shootings occurred in Tampa—one in the city’s V.M. Ybor neighborhood, the other in the area of North 35th and East Chelsea streets.
Since 1987, local Florida governments have been barred from passing any gun regulations that are stricter than current state firearm laws. A 2011 law later strengthened its predecessor with penalties as high as $5,000 for enacting new gun regulations at the city or county level.
After the 1st District Court of Appeals upheld the law last year, more than 30 local and government officials, along with Florida Commissioner of Agriculture Nikki Fried, took the dispute to the Supreme Court. Oral arguments were then scheduled for June 9.
“In order to be truly pro-life, the Legislature must enact common -sense gun safety measures,” said Fried, a Democratic candidate for Florida governor, in a recent letter to legislative leaders. “We have a moral obligation to protect the lives of the people of Florida and our precious children by taking serious action to stop gun violence.”
The state Supreme Court case stems from three lawsuits filed by various cities and counties, including Gainesville, Tallahassee, Orlando, Fort Lauderdale, Miami Beach and St. Petersburg. The case does not pertain to the 1987 law – but rather argues that the penalties enacted in the 2011 law are unconstitutional. Those against the law say it violates legal immunities for local governments.
But the 1st District Court of Appeal rejected these arguments.
“The Florida Legislature has the authority to abrogate legislative immunity,” Judge Susan Kelsey wrote in a 14-page April 2021 opinion joined by Judges Stephanie Ray and Brad Thomas. “… No immunity can exist for local or agency enactment of provisions in violation of state preemption and thus beyond the scope of state-delegated authority.”
According to CBS Miami, attorneys for the local governments and Fried said the law does violate the constitutional separation of powers.
Briefs from both the NRA and Florida Carry in support of the law will be heard on Thursday. The hearing is scheduled to start at 9 a.m.
