Florida Carry has been defending gun owners from unconstitutional rules and laws in Florida for years and they’ve done it again. This time in the now infamous Broward County.
The Case is, FLORIDA CARRY, INC., vs. Broward County (Bertha Henry – County Commissioner).
“This is an action for declaratory relief pursuant to Chapter 86, Florida Statutes as well as injunctive relief concerning several ordinances of Broward County that purport to regulate the possession and use of firearms.”
That sounds familiar. A university, town, or county enacts laws or rules using powers neither the state nor the constitution has granted. In most cases, these go unchallenged because governments have taxpayer wallets when they go to court. The rest of us have to pay out of pocket unless we can find an advocate to represent our interests.
In this case,
Broward County has continued promulgating and enacting county ordinances that unlawfully regulate the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation of firearms and ammunition.
As noted in the complaint only the state of Florida has that power which has it not granted to any other body of government.
Pursuant to § 790.33, Florida Statutes, the Legislature has expressly preempted the entire field of firearms and ammunition regulation, including but not limited to, the definition of firearms, the method and place of carry, the manner of use, and who may possess firearms where firearms may be possessed.
Article I, Sec. 8, of the Florida Constitution reserves to the Legislature the exclusive authority to regulate the manner of bearing arms.
In other words, Broward can’t enforce any ordinance issued without authority from the State. Because the state never granted that authority, the Court issued a summary judgment.
In his ruling Judge Carlos Rodriguez granted Florida Carry’s request for summary judgement and permanently enjoined Broward County from enforcing their illegal gun laws. Florida Carry was also awarded reimbursement of legal fees.
Another win for citizen’s rights over local tyrants.
