Florida Carry, Inc. v. City of Tallahassee

212 So.3d 452, 42 Fla. L. Weekly D319 (2017)

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Florida Carry, Inc. v. City of Tallahassee

Florida District Court of Appeal
212 So.3d 452, 42 Fla. L. Weekly D319 (2017)

  • Written by Liz Nakamura, JD

Facts

Section 790.33 of the Florida Statutes, enacted in 1987, expressly preempted local regulation in the field of firearms and declared all local firearms laws null and void. In 1987, the City of Tallahassee (defendant) had two firearms laws, both of which were voided by Section 790.33. However, Tallahassee never took steps to formally repeal those two firearms laws and remove them from Tallahassee’s city code. Accordingly, the two voided firearms laws were republished in each subsequent recodification of Tallahassee’s city code. Tallahassee never sought to enforce either voided firearms law after 1987. In 2011, the Florida Legislature amended Section 790.33 to add a penalty provision that (1) penalized local governments that “promulgated or caused to be enforced” local firearms laws in contravention of Section 790.33; and (2) created a private right of action for persons or organizations adversely affected by the illegal enforcement or promulgation of local firearms regulations. In 2014, Florida Carry, Inc. and The Second Amendment Foundation (SAF) (plaintiffs) sued Tallahassee seeking (1) a declaratory judgment that the two Tallahassee firearms ordinances violated the Florida Constitution; and (2) damages under Section 790.33’s penalty provision because Tallahassee’s republication of its two firearms laws after 1987 constituted an illegal promulgation of a local firearms regulation. The trial court granted summary judgment to Tallahassee, holding that republication of Tallahassee’s preempted local firearms regulations did not constitute promulgation or enforcement of those regulations. Florida Carry and SAF appealed.

Rule of Law

Issue

Holding and Reasoning (Lewis, J.)

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