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FL since 1987 has barred cities & counties from passing regulations that are stricter than state firearms laws, & the
penalties in the 2011 law were designed to strengthen that “preemption.” The law, for ex, could lead to local officials
facing $5,000 fines & potential removal from office for passing gun regulations. The local governments & officials did
not challenge the underlying 1987 law but contended the penalties in the 2011 law were unconstitutional. A Leon Cnty
circuit judge in 2019 found that parts of the law were unconstitutional, but a three-judge panel of the 1st District Court
of Appeal disagreed in April.

“Taken together, FL’s Constitution & statutes limit counties’ & municipalities’ powers of self-government by requiring
consistency with legislatively enacted general & special laws,” appeals court Judge Susan Kelsey wrote in a 14-page
opinion joined by Judges Stephanie Ray & Brad Thomas. “As the trial court correctly noted & appellees (the local
governments & officials) do not dispute, the FL Legislature likewise is authorized to enact general laws preempting all
regulation in an area of the law. As this case illustrates, the Legislature has exercised its preemption authority with
respect to firearms & ammunition.”

In a June 25 brief asking the Supreme Court to hear the case, attorneys for the challengers argued that local officials &
governments “are entitled, under the FL Constitution, to traditional legislative & governmental immunities that limit the
Legislature’s authority to punish local lawmaking.” “It (the 1st District Court of Appeal ruling) also threatens
fundamental principles of representative democracy enshrined in the FL Constitution,” the brief said. “Without these
immunities, the risk of a subsequent, adverse judicial determination of preemption will chill the ability of local
governments & their respective officials to fashion laws they reasonably believe are both necessary to protect public
health & safety & not preempted.” But in an Aug. 2 brief, lawyers in Attorney General Ashley Moody’s office argued that
the Supreme Court should not take up the case & said the state Constitution “expressly grants the Legislature plenary
authority over the state’s local governments.” “In the decision below, the First District upheld statutory penalties for
local officials who flout the Legislature’s preemption of local laws respecting firearms & ammunition. That decision is
correct & consistent with both precedent & the text & structure of the FL Constitution, which ‘establishes the
constitutional superiority of the Legislature’s power over (local) power,’” the state’s brief said, partially quoting a
Supreme Court precedent.

Attorneys for the local governments wrote in a 2019 court document that city & Cnty officials had been urged to take
actions after the Marjory Stoneman Douglas shooting. Those requests involved such things as requiring procedures or
documentation to ensure compliance with background checks & waiting periods for gun purchases & requiring
reporting of failed background checks. But the attorneys said local governments refrained from going ahead with the
proposals because of the potential penalties in state law. Along with officials facing the possibility of fines & removal
from office, the law would allow members of the public & organizations to receive damages & attorney fees if they
successfully sue local governments for improper gun regulations.

Backroom Briefing: Bracing for 2022 Weekly political notes from The News Service of FL By Dara Kam and
Jim Turner 18 hrs ago ©2021 The News Service of FL. All rights reserved; see terms.
TALLAHASSEE --- After last year’s emotionally charged elections & in anticipation of what some predict will be a
tsunami of threats to elections officials, a bipartisan group of high-powered lawyers are joining forces & enlisting others
to offer free legal advice to elections administrators. They’ve tapped Pasco Cnty Supervisor of Elections to serve on
the advisory board for the newly created Election Official Legal Defense Network. The nonprofit is co-chaired by Ben
Ginsberg, a veteran Republican attorney who represented President George W. Bush’s campaign during the 2000
recount, & Bob Bauer, a longtime Democratic attorney who served as White House counsel under former President
Obama. Beckett. “It’s almost sad & unfortunate that we have to be talking about this. You know, odd-numbered years
are usually pretty low-key elections. It’s like last November just continues, sort of like Groundhog Day,” Corley told
reporters Wednesday during a Zoom call to announce the group. Corley said he was hit with death threats, & dozens
of racial slurs were lobbed at his workers following last year’s presidential election, despite FL’s smooth election. A
group of protesters showed up at the home where Corley previously lived with his ex-wife & son,