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Florida Carry sues Broward County

 


Florida Carry, Inc.
Fighting for All Floridians Rights to Keep and Bear Arms.
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Florida Carry sues Broward County for continued violations of state firearms laws.

Friday, May 02, 2014
For Immediate Release

Fort Lauderdale FL - Florida Carry, Inc. has today filed a lawsuit against Broward County and County Administrator Bertha Henry seeking a permanent injunction to protect the rights of law abiding gun owners from the county’s multiple illegal ordinances that burden nearly all aspects of firearms ownership, use, transfer, and possession.

Since 1987 the Florida Legislature has preempted firearms law and issued state-wide licenses to carry for self-defense.  In December Florida Carry won a similar case against the University of North Florida (UNF).  In Florida Carry v. UNF the First District Court of Appeal ruled that "The legislature’s primacy in firearms regulation derives directly from the Florida Constitution... Indeed, the legislature has reserved for itself the whole field of firearms regulation in section 790.33(1)..."

 “Since 2011, Florida Carry has prompted the repeal of anti-gun ordinances and regulations in over 200 Florida jurisdictions, including municipalities, counties, colleges and state agencies,” noted Florida Carry Executive Director Sean Caranna. “Usually the jurisdiction is responsive to our notification that there is a problem and no lawsuit is necessary. It is a rare and unfortunate circumstance when local government leaders decide to willfully break state law, despite the personal penalties. When local officials are willing to knowingly violate the law in order to suppress the rights of law-abiding gun owners, they can expect that we’re going to make them pay for it.”

Broward County has ignored repeated attempts by Florida Carry to gain its compliance with state law and left us with no choice but to file this case.  When local officials refuse to stop breaking the law in order to deny the rights of Floridians, Florida Carry will act to demand that people’s rights be protected.

Broward County Administrator Bertha Henry is also named as a defendant in the case. Florida Carry is represented by Miami attorneys Michael T. Davis and Benedict P. Kuehne of The Law Offices of Benedict P. Kuehne, P.A. and Florida Carry General Counsel Eric J. Friday with Fletcher & Phillips of Jacksonville.

Read the Complaint Here

About:  Florida Carry, Inc. is a non-profit, non-partisan, grassroots organization dedicated to advancing the fundamental civil right of all Floridians to keep and bear arms for self defense as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 8 of the Florida Constitution.  Florida Carry, Inc. was organized by a group of Florida self-defense rights activists in order to better coordinate activities, effectively lobby the state legislature, and provide a legal entity capable of filing suit to demand compliance with state and federal law.  Florida Carry stands only to represent our members and the over 8 million gun owners of Florida. We are not beholden to any national organization's agenda that may compromise that mission.  Florida Carry works tirelessly toward repealing and striking down ill-conceived gun control laws and regulations that have been proven to provide safe havens to criminals and be deadly to law abiding citizens.

 

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Florida Carry & SAF Sue Tallahassee



Florida Carry, Inc.
Fighting for All Floridians Rights to Keep and Bear Arms.
 ----------------------------------------------

Florida Carry and the Second Amendment Foundation sue the City of Tallahassee, MAIG Mayor Marks, and each city council member that voted to knowingly violate state firearms laws.

Friday, May 02, 2014
For Immediate Release

Tallahassee FL - Florida Carry, Inc. has today filed a lawsuit against the City of Tallahassee and all but one of the city commissioners seeking a permanent injunction to protect the rights of law abiding gun owners from the city’s illegal ordinances prohibiting the use of firearms without even providing an exception for self-defense. Since 1987 the Florida Legislature has preempted firearms law and issued state-wide licenses to carry for self-defense.  In December Florida Carry won a similar case against the University of North Florida (UNF).  In Florida Carry v. UNF the First District Court of Appeal ruled that "The legislature’s primacy in firearms regulation derives directly from the Florida Constitution... Indeed, the legislature has reserved for itself the whole field of firearms regulation in section 790.33(1)..."

 

Subsequent to Florida Carry notifying the City of Tallahassee that its anti-gun ordinances were in violation of state law, and despite recommendations from the city’s own attorney and Police Chief that the illegal ordinances be repealed, Mayor Marks and all but one City Commissioner openly defied state law in order to continue violations of people’s civil rights.

 

The video of the City Commission meeting is compelling.
https://www.youtube.com/watch?v=PMAFaI4UWDk#t=7189

 

We’re happy to partner with Florida Carry on this legal action,” said SAF founder and Executive Vice President Alan Gottlieb. “This is not the first time we have had to take a city to court for violating a state preemption law. Why municipal governments still don’t understand the concept of preemption is a mystery to us.”

 

“We became aware of Tallahassee’s illegal regulation as we looked to expand SAF’s on-going preemption project, which has rolled back dozens of illegal gun regulations in the six states we have targeted so far,” added SAF General Counsel Miko Tempski.

 

“Since 2011, Florida Carry has prompted the repeal of anti-gun ordinances and regulations in over 200 Florida jurisdictions, including municipalities, counties, colleges and state agencies,” noted Florida Carry Executive Director Sean Caranna. “Usually the jurisdiction is responsive to our notification that there is a problem and no lawsuit is necessary. It is a rare and unfortunate circumstance when local government leaders decide to willfully break state law, despite the personal penalties. When local officials are willing to knowingly violate the law in order to suppress the rights of law-abiding gun owners, they can expect that we’re going to make them pay for it.”

 

The lawsuit contends that under the city’s ordinance, which criminalizes the discharge of firearms, there is no provision that carves out an exception for the lawful use of a firearm in self-defense. Gottlieb said there was a chance for an “easy fix” earlier this year, but that motion was tabled.

 

“Clearly,” Gottlieb observed, “Tallahassee has way over-stepped its authority under state preemption. The Florida Legislature has exclusive domain over firearms regulation. When the law was passed, it nullified all existing, and future, city and county firearm ordinances and regulations.

 

“Mayor Marks and his colleagues on the city commission knew all of this,” he added, “but they rejected an opportunity to bring the city into compliance. Their stubbornness really left us no choice but to join Florida Carry in this action. Named as defendants in the Tallahassee case are Mayor John Marks, and City Commissioners Nancy Miller, Andrew Gillum, and Gil Ziffer.

 

SAF and Florida Carry are represented by Jacksonville attorneys Lesley McKinney with McKinney, Wilkes & Mee, and Florida Carry General Counsel Eric J. Friday with Fletcher & Phillips.

 

Read the Complaint Here

 

About:  Florida Carry, Inc. is a non-profit, non-partisan, grassroots organization dedicated to advancing the fundamental civil right of all Floridians to keep and bear arms for self defense as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 8 of the Florida Constitution.  Florida Carry, Inc. was organized by a group of Florida self-defense rights activists in order to better coordinate activities, effectively lobby the state legislature, and provide a legal entity capable of filing suit to demand compliance with state and federal law.  Florida Carry stands only to represent our members and the over 8 million gun owners of Florida. We are not beholden to any national organization's agenda that may compromise that mission.  Florida Carry works tirelessly toward repealing and striking down ill-conceived gun control laws and regulations that have been proven to provide safe havens to criminals and be deadly to law abiding citizens.

 

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Florida Sheriffs Association Opposes RIGHT to BEAR Arms

Thursday March 27th 2014, the Florida Sheriffs Association (FSA) openly testified against Second Amendment rights to the Florida House Judiciary Committee saying, "In our opinion, there is a difference between owning a firearm and carrying one concealed on your person. Owing a firearm is a right; carrying it concealed is a privilege; and it is a privilege that is earned..."

 

In what can only be viewed as contempt and distrust for law-abiding gun owners, the Florida Sheriffs Association went on to say that during an emergency you are "least likely to use a firearm in a safe and responsible manner". Think about that. The Sheriffs are telling your legislature that when you are under attack by looters and rioters, you should be disarmed because you will be the irrational person in the situation.

 

The Sheriff's Association also told the committee that "there is plenty of time before hurricane season starts to go out and get a concealed weapons permit so you can carry on your person." This is completely false. Hurricane Season starts June 1st, only 62 days from now. Even if you already have your training certificate, your fingerprinting done, and have the $112.00 in fees ready to spend today, appointments at the regional offices are booked up to six months out and applications by mail are currently taking more than 90 days.

 

In other words, FSA is saying your Second Amendment right to BEAR arms can only be exercised if you have the time and money to get a license to carry a concealed handgun.

 

The Sheriffs go on to claim that "Given modern technology, the approach of storms can be predicted days in advance; and the last second flight scenarios are just not realistic." Anyone who has tracked approaching hurricanes knows this to be false.

 

A similar law to the one that we are trying to fix was struck down in North Carolina in 2012. The federal court there said:

"[T]he statutes here excessively intrude upon plaintiffs' Second Amendment rights by effectively banning them (and the public at large) from engaging in conduct that is at the very core of the Second Amendment at a time when the need for self-defense may be at its very greatest." Bateman v. Perdue, No. 5:10-CV-265-H, 2012 U.S. Dist. LEXIS 47336, (E.D.N.C. Mar. 29, 2012)

 

The bill that the FSA opposes, HB 209, would create an exception to the automatic ban on firearms possession in public (even with a concealed carry license) for people who are complying with a mandatory evacuation order.

 

This is the unconstitutional law that the FSA is trying to protect:

870.044 Automatic emergency measures.—Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, the following acts shall be prohibited during the period of said emergency throughout the jurisdiction:

(1) The sale of, or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size or description.
(2) The intentional display, after the emergency is declared, by or in any store or shop of any ammunition or gun or other firearm of any size or description.
(3) The intentional possession in a public place of a firearm by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of her or his duty.

 

In 1987 the Florida Sheriffs Association also opposed concealed carry, saying at the time that citizens should be forced to carry firearms openly so they would be able see who has guns. Once concealed carry passed, they turned around and pushed for the ban on open carry -- which was legal until 1987. In 2011 the FSA opposed a bill that would have restored the open carry of handguns.

 

The fact is that the Florida Sheriff's Association has opposed every right to bear arms bill that has ever been offered.

 

While the FSA may have some sympathy for people's the Right to Keep Arms at home, it is obvious that the group has disdain for the Right to Bear Arms for self-defense. At the same committee hearing, Assistant Adjutant General for the Florida Army National Guard Maj. General Don Tyre spoke in support of the bill that will allow law abiding Floridians to take their guns with them during a mandatory evacuation order without the need for a concealed carry license.

 

We call on you to contact your local Sheriff and ask if the Florida Sheriff's Association is representing their values. Is lobbying against the right to bear arms during an emergency how they are honoring the oath that your Sheriff swore to defend the constitution? Does your Sheriff really support the Right to Bear Arms?

 

It is time for Florida's Constitutional Sheriffs to take control of the FSA or quit supporting it with your tax dollars.

 

We need your help to continue the fight for your right to bear arms.  Please Join Florida Carry today.

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Florida Carry files lawsuits against Tallahassee and Broward County

Florida Carry today filed lawsuits against the City of Tallahassee and Broward County for blatant violations of Florida’s law that preempts local gun control.

Friday, May 2nd, 2014
For Immediate Release

 

Florida Carry today filed two lawsuits for blatant violations of Florida’s law that preempts local gun control.

 

Joined by the Second Amendment Foundation, the first case filed is against the City of Tallahassee.

 

In the second case, Florida Carry filed against Broward County. 

 

“Since 2011, Florida Carry has prompted the repeal of anti-gun ordinances and regulations in over 200 Florida jurisdictions, including municipalities, counties, colleges and state agencies,” noted Florida Carry Executive Director Sean Caranna. “Usually the jurisdiction is responsive to our notification that there is a problem and no lawsuit is necessary. It is a rare and unfortunate circumstance when local government leaders decide to willfully break state law, despite the personal penalties. When local officials are willing to knowingly violate the law in order to suppress the rights of law-abiding gun owners, they can expect that we’re going to make them pay for it.”

 

Broward County has ignored repeated attempts by Florida Carry to gain its compliance with state law and left us with no choice but to file this case.  When local officials refuse to stop breaking the law in order to deny the rights of Floridians, Florida Carry will act to demand that people’s rights be protected. Broward County Administrator Bertha Henry is also named as a defendant in the case. Florida Carry is represented by Miami attorneys Michael T. Davis and Benedict P. Kuehne of The Law Offices of Benedict P. Kuehne, P.A. and Florida Carry General Counsel Eric J. Friday with Fletcher & Phillips of Jacksonville.

 

Florida Carry, Inc. and the Second Amendment Foundation joined forces in the lawsuit against the City of Tallahassee for refusing to repeal ordinances restricting the use of firearms in defiance of Florida’s firearms preemption law.

 

“We’re happy to partner with Florida Carry on this legal action,” said SAF founder and Executive Vice President Alan Gottlieb. “This is not the first time we have had to take a city to court for violating a state preemption law. Why municipal governments still don’t understand the concept of preemption is a mystery to us”

 

“Clearly,” Gottlieb observed, “Tallahassee has way over-stepped its authority under state preemption. The Florida Legislature has exclusive domain over firearms regulation. When the law was passed, it nullified all existing, and future, city and county firearm ordinances and regulations.

 

“Mayor Marks and his colleagues on the city commission knew all of this,” he added, “but they rejected an opportunity to bring the city into compliance in February. Their stubbornness really left us no choice but to join Florida Carry in this action.”

 

https://www.youtube.com/watch?v=PMAFaI4UWDk#t=7189

 

Named as defendants in the Tallahassee case are Mayor John Marks, and City Commissioners Nancy Miller, Andrew Gillum, and Gil Ziffer. SAF and Florida Carry are represented by Jacksonville attorneys Lesley McKinney with McKinney, Wilkes & Mee, and Florida Carry General Counsel Eric J. Friday with Fletcher & Phillips.

 

Florida Carry is a non-profit, non-partisan, grassroots organization dedicated to advancing the fundamental civil right of all Floridians to keep and bear arms for self-defense as guaranteed by the Second Amendment to the United States Constitution and the Florida Constitution's Declaration of Rights.

Florida Carry, Inc. was organized in order to better coordinate activities, effectively lobby the state legislature, and to provide a legal entity capable of filing suit to demand compliance with state and federal law. Florida Carry stands to represent our members, the approximately 8 million gun owners, and countless knife and defensive weapon carriers of Florida.

 

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Florida Carry lawsuit spurs Eastern Florida State College to comply with state firearms law

Florida Carry lawsuit spurs Eastern Florida State College to comply with state firearms law

Friday, February 07, 2014
For Immediate Release:

Palm Bay FL - On Monday Florida Carry, Inc. filed a lawsuit against Eastern Florida State College seeking to protect the rights of students, faculty, and the public from the college's illegal regulations prohibiting defensive firearms and weapons stored in private vehicles. Today Eastern Florida State published a revised policy that brings them in to compliance with state defensive firearms and weapons laws.  We are pleased by the college's response to the case thus far and greatly appreciate their willingness to work with Florida Carry to craft lawful firearms and weapons policies.  We hope to reach a final settlement of the case soon.

In December Florida Carry won a similar case against the University of North Florida (UNF).  In Florida Carry v. UNF the First District Court of Appeal ruled that "The legislature's primacy in firearms regulation derives directly from the Florida Constitution... Indeed, the legislature has reserved for itself the whole field of firearms regulation in section 790.33(1)..."  No public college or university has any authority to prevent students and the public from having a functional firearm in places that are constitutionally protected or permitted under state law.

Florida law provides for strict penalties against public entities and individuals who violate the rights of gun and defensive weapon owners. Any public entity which attempts to restrict the statutory and fundamental right to keep and bear arms in Florida is subject to enforcement actions by organizations such as Florida Carry.

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