Florida Carry

Litigation

Active Cases
Case Primary Issue Description Status
Bretherick v. State Florida Carry Amicus to Florida Supreme Court on Burden of Proof in Defensive Immunity Hearings. Pending Amicus Brief
Florida Carry v. City of ___ Preemption and constitutional challenge of city's ordinances regulating firearm possession and use in public. Pending Pending Brief
Florida Carry v. ___ County Preemption and constitutional challenge of county's ordinances regulating firearm sales, possession and use. Pending Pending Brief
Florida Carry v. ___ County Sheriff's Office Federal Civil Rights (42 U.S.C. 1983) case against Sheriff and Deputies responsible for unlawful detention of a Florida Carry Member. Pending Pending Brief
Florida Carry v. St. Petersburg College Preemption and constitutional challenge of college's policies regulating firearms possession in private vehicles and non-lethal electronic defensive weapons on campus. Filed Mar 3rd, 2014 Pending Defendants' Answer Brief
Florida Carry v. Eastern FL State Preemption and constitutional challenge of college's policies regulating firearms possession in private vehicles. Filed Feb 3rd, 2014 1) Victory - Policies changed four days after case filed
2) Pending Briefs on Preemption
Florida Carry v. UF Preemption and constitutional challenge of university's policies regulating firearms possession in private vehicles and in the home. Filed Jan 10th, 2014 Pending Defendants' Answer Brief
Norman v. State Restoration of Open Carry as protected activity under the Right to Bear Arms. Pending Ruling
Smith & Florida Carry v. Deputy Cox et al Federal Civil Rights (42 U.S.C. 1983) case against Sheriff and Deputies responsible for unlawful arrest and excessive force used against a law-abiding gun owner. Filed 7/19/2013 Pending Hearing
Florida Carry v. City of Daytona Beach

1) Police refuse to return firearms seized during illegal search of Veteran's home.
2) Preemption of City's policy depriving gun owner of firearms without due process.
3) City Counter Suit seeking authority to retain property without due process.

1) Victory - Order for return of property issued 8/13/2013
2) Pending Hearing on Preemption
3) Victory - Counter-Claim Denied 8/13/2013
Florida Carry v. City of Leesburg Preemption of City's ordinance regulating firearms despite state law. 1) Pending Hearing on Preemption
2) Victory - Ordinance Repealed after case was filed.

 

Completed Cases
Case  Primary Issue Description Status
Florida Carry v. UNF Preemption of university's policy regulating firearms possession in private vehicles and threat of criminal enforcement despite state law. Victory - En Banc Ruling by 1st DCA 12/10/2013
Mackey v. State Amicus to Florida Supreme Court arguing that concealed carry with a license can not be assumed to be a crime. Partial Victory - Carry alone not cause for Terry Stop 
State (MS) v. Smith Amicus to Mississippi Supreme Court arguing that Open Carry is protected by both State and U.S. Constitutions Victory - in Mississippi Supreme Court
State v. Mora Law-Abiding gun owner and concealed carry licensee prosecuted for brief accidental exposure of handgun. Victory - Case Dismissed With Prejudice

 Florida Carry is involved in multiple cases in order to protect the self-defense, personal property, sporting, privacy, and association rights of Floridians.  Attorneys should refer also to our free Legal Services Section for assistance on current cases.