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Will The Ruling On โ€œPreemptionโ€ Law Penalties Impact Your Gun Rights?

On Friday, a significant ruling took place that could have wide-reaching implications for gun owners in Florida,ย based on what happens nextย South Florida. For over 30 years, Florida has had a โ€œpreemption lawโ€. This prevents local governments from passing gun control measures that are more restrictive than the state of Floridaโ€™s. Against the backdrop of potential local activism several years ago, a 2011 law was passed that added โ€œteethโ€ to Floridaโ€™s preemption law. Under the 2011 law, local officials who violated Floridaโ€™s preemption law could be subject to prosecution, fined and potentially removed from office by the governor. It was this law that was struck down on Friday by a Leon County court judge.ย 

What doesnโ€™t change is that local governments canโ€™t pass more restrictive gun control measures than Florida. However, what's different is that specific local officials canโ€™t be held accountable for violations of Floridaโ€™s preemption law.

What happens now? Itโ€™s likely the state appeals the decision but in the meantime at a minimum these changes take effect. Hereโ€™s the next question, will this encourage local governments, especially in South Florida to pursue gun control measures to specifically set up a showdown with the state on the preemption law itself knowing that they personally canโ€™t be held accountable? This is worth watching and could impact gun rights across the state going forward.ย 

Photo by: JASON CONNOLLY/AFP/Getty Images


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