Florida Court of Appeals Restores Firearm Preemption Law Penalties Ammoland Inc. Posted on
Florida Court of Appeals Restores Firearm Preemption Law Penalties, iStock-884197090
U.S.A. –-(AmmoLand.com)- A 3-judge panel of Florida’s First District Court of Appeals issued an opinion in Florida v. City of Weston, which unanimously determined that the challenged penalties for violations of the state’s firearm and ammunition preemption law “are valid and enforceable.” The penalties at issue, in this case, were enacted in 2011, and “can be imposed against governmental entities and individual officials.” Preemption laws prevent localities from creating their own firearms restrictions, thereby ensuring peaceful gun owners are not subject to a labyrinth of dozens or hundreds of different laws within a state.
Florida Court Upholds Law that Penalizes Local Gun Control Regulations
A Florida appeals court on Friday upheld a state law from 2011 that would impose penalties on local authorities if they enact or enforce local gun control regulations.
A three-judge panel of the Florida First District Court of Appeal in Tallahassee granted an appeal from the state of Florida that sought to uphold the law. The appeal by Attorney General Ashley Moody and Gov. Ron DeSantis was in response to a lower court ruling in 2019 that found the 2011 law unconstitutional.
“The trial court invalidated Florida’s statutory penalties against local governments, local officials, and agency heads for violating the Florida Legislature’s total preemption of firearm and ammunition regulation,” the ruling by Judge Susan Kelsey reads (pdf). “We find the challenged statutes valid and enforceable, and we reverse.”
Fox News Flash top headlines are here. Check out what s clicking on Foxnews.com.
The Florida Police Benevolent Association (PBA) is celebrating a precedent-setting victory after an appeals court ruled this week that the identities of officers who have been involved in fatal police shootings can be protected under Marsy’s Law if they were threatened with deadly force.
Florida’s First District Court of Appeals (DCA) ruled Tuesday that Marsy’s Law does not exclude police officers as victims, and therefore officers whose lives are threatened when they are involved in police shootings should also have their identities shielded.
Fla Appeals Court Upholds Local Gun Rule Preemption Law law360.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from law360.com Daily Mail and Mail on Sunday newspapers.
03/16/21
The good news just keeps coming (sarcasm for the uninitiated). Recently, in
Always on My Mind? (February 2021), I returned to the subject of the long-COVID and how that might have long-implications for workers compensation claims. There are long-term implications from COVID-19 garnering news coverage, and there is a tendency for the workers compensation community at large to overlook both statutes of limitations and statutes of repose. The subjects perhaps bear consideration in detail.
The repose and limitation concepts are not new to this blog. See
Statute of Repose Forecloses Claim(2020). Quoting the Kentucky Court in Stare Decisis, the distinction is clear: limitation is the “time in which one may bring suit after the cause of action accrues, while . . . repose potentially bars a claimant s suit before the cause of action accrues.”