Florida Carry

Litigation

Active Cases
Case Primary Issue Description Status
GeorgiaCarry.Org v. US Army Corps of Engineers Florida Carry Amicus to 11th Circuit Court of Appeals seeking to strike down Corps of Eng. Gun Ban - Filed Nov 12th, 2014 Pending Government's Brief
Florida Carry & SAF v. City of Tallahassee Preemption and constitutional challenge of city's ordinances regulating firearm possession and use in public. Filed May 2nd, 2014 Pending Hearing
Florida Carry v. Broward County Preemption and constitutional challenge of county's ordinances regulating firearm sales, possession and use. Filed May 2nd, 2014 Pending Motion to Dismiss
Bretherick v. State Florida Carry Amicus to Florida Supreme Court on Burden of Proof in Defensive Immunity Hearings. Pending Pending Oral Argument -
Dec 2nd, 2014 at 9AM
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 Appeal
Norman v. State Restoration of Open Carry as protected activity under the Right to Bear Arms. Pending Oral Argument -
Nov. 6th, 2014 at 10AM
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 Trial
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 Trial
2) Victory - Ordinance Repealed after case was filed.

 

Completed Cases
Case  Primary Issue Description Status
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 Victory - Policies changed.
Florida Carry v. Eastern FL State Preemption and constitutional challenge of college's policies regulating firearms possession in private vehicles. Filed Feb 3rd, 2014 Victory - Policies changed four days after case filed
Florida Carry v. UNF, 133 So.3d 966 (Fla. 1st DCA 2013) (En Banc) Preemption of university's policy regulating firearms possession in private vehicles and threat of criminal enforcement despite state law. Victory - Univ. regulation of firearms violates preemption and RKBA.
Mackey v. State, 124 So. 3d 176 (Fla. 2013) Amicus to Florida Supreme Court arguing that concealed carry with a license can not be assumed to be a crime. Partial Victory - Carry alone is not cause for a Terry Stop 
State (MS) v. Smith, 123 So. 3d 920 (Miss. 2013) 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, arms, personal property, sporting, privacy, and association rights of Floridians.  Attorneys should refer also to our free Legal Services Section for assistance on current cases.


 

Florida Carry & SAF v. City of Tallahassee

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.

 


Docket Overview: Lower Court Case Number: 37-2014-CA-001168 
Leon County Clerk of the Circuit Court


Lower Court Filings: 

5/2/2014 Plaintiffs' Complaint

8/4/2014 Defendants' Answer

8/4/2014 Defendants' Motion to Dismiss and Counter-Complaint

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Florida Carry v. Broward County

Florida Carry files lawsuit against Broward County for blatant violations of Florida’s law that preempts local gun control.

 

“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 since 2011 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.

 


Docket Overview: Lower Court Case Number: 06-2014-CA-008532
Broward County Clerk of the Circuit Court


Lower Court Filings: 

5/2/2014 Plaintiffs' Complaint

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Florida Carry v. University of Florida

Florida Carry sues the University of Florida for illegal ban on guns and other defensive weapons in cars and homes

On January 10th, 2014 Florida Carry, Inc. filed a lawsuit against the University Florida (UF), seeking a permanent injunction to protect the rights of students, faculty, and the public from the university's illegal and unconstitutional regulations prohibiting firearms and weapons on all university property. 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)..."  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.

The University of Florida has failed to comply with the court's ruling by doing nothing more than adding an "Intent" footnote to one of its illegal policies. Florida Carry Executive Director Sean Caranna reached out to UF President Bernie Machen in an attempt to avert the need for legal action.  Mr. Caranna's call was returned by the university's General Counsel who refused to take our concerns about UF's illegal policies and regulations seriously and was dismissive of our plea that they work with us to craft a legal set of regulations.  Florida Carry was left with no choice but to file this case.

Any public college or university 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. In addition to enforcing the clearly established right of students to lawfully store functional firearms in their personal vehicles on campus, Florida Carry seeks to protect the right to possess firearms and other defensive weapons in the home.  In the landmark 2008 Heller case the U.S. Supreme Court ruled that bans on the possession of functional arms in the home are unconstitutional.  Nationwide, millions of adult university faculty, students, and their families live in university owned or managed housing.  The fact that state housing facilities run by Florida Universities continue to deprive law abiding adults of their fundamental right to keep and bear arms in their homes, years after the clear decisions of the U.S. Supreme Court that such bans are unconstitutional, is unconscionable.

On Wednesday July 30th, 2014 Circuit Court Judge Toby S. Monaco granted motions to dismiss and for summary judgment in favor of his alma mater and granted sovereign immunity to UF President Manchen. The lower court Judge ignored the plain language of multiple Florida firearms laws, multiple binding court cases, turned to blind eye to university policies that are in continued violation, and refused to conduct any analysis of the right to keep and bear arms.  This is the same failure to follow the law and uphold the fundamental right to keep and bear arms that we saw from the lower court in our case against the University of North Florida prior to winning the landmark Florida Carry v. UNF case in the 1st District Court of Appeals late last year.

As before, Florida Carry will appeal to the First District Court of Appeals in this case to protect the rights to keep and to bear arms.


Docket Overview: Lower Court Case Number: 01 2014-CA-000142
Alachua County Clerk of the Circuit Court


Lower Court Filings: 

01/10/2014 - Plaintiff's Complaint
01/31/2014 - Defendants' Motion to Dismiss - Standing
02/21/2014 - Plaintiff's Amended Complaint
04/02/2014 - Defendant Manchen's Motion to Dismiss
04/02/2014 - Defendants' Motion for Summary Judgement
07/16/2014 - Plaintiff's Opposition to Motion for Summary Judgement
07/24/2014 - Hearing on Motions
07/30/2014 - Circuit Court's Order:

  1. Any and all claims for damages against Defendant Machen are STRICKEN due to Machen’s immunity from suit for such claims. There are presently no claims for relief in the nature of civil fines against Machen. Defendant Machen’s motion to dismiss is otherwise denied.
  2. Plaintiff’s “Motor Vehicle” claims against Defendants are DISMISSED due to the absence of any present “case or controversy” invoking this Court’s jurisdiction.
  3. Summary judgment is hereby entered in favor of Defendants with respect to Plaintiff’s “Housing Claims”. Defendants are not violating Florida law by recognizing the legislature’s prohibition against firearms in housing located on university property pursuant to § 790.115(2)(a).

08/11/2014 - Plaintiff’s Motion for Reconsideration
08/11/2014 - Plaintiff’s Motion for Rehearing
08/13/2014 - Defendants' Response to Motions for Rehearing and Reconsideration
09/05/2014 - Circuit Court's Order Denying Rehearing/Reconsideration with Clarification
10/06/2014 - Plaintiffs' Notice of Appeal

 


Docket Overview: Appellate Court Case Number:  1D14-4614
Florida First District Court of Appeal Docket


 Appellate Court Filings:
10/06/2014 - Florida Carry's Notice of Appeal

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Bretherick v. State

Florida Supreme Court to Decide if People who act in Self-Defense will continue to be "Guilty Until Proven Innocent".

Because, as observed in Judge Schumann's thoughtful concurring opinion, the burden of proof issue was not the primary focus of the Dennis opinion, we certify the following question for consideration by the Florida Supreme Court:

ONCE THE DEFENSE SATISFIES THE INITIAL BURDEN OF RAISING THE ISSUE, DOES THE STATE HAVE THE BURDEN OF DISPROVING A DEFENDANT’S ENTITLEMENT TO SELF-DEFENSE IMMUNITY AT A PRETRIAL HEARING AS IT DOES AT TRIAL?

 


5th District Court of Appeals Order and Questions Certified to the Florida Supreme Court


Florida Supreme Court Case Number:  SC13-2312


 

Date Description Filed By Notes
12/09/2013 ACKNOWLEDGMENT LETTER-NEW CASE Supreme Court Florida FSC BY: Supreme Court Florida FSC  
04/15/2014 ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) Supreme Court Florida FSC BY: Supreme Court Florida FSC The Court accepts jurisdiction of this case. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument. Petitioner's initial brief on the merits shall be served on or before May 12, 2014; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits. The Clerk of the Fifth District Court of Appeal shall file the record which shall be properly indexed and paginated on or before June 16, 2014. The record shall include the briefs filed in the district court separately indexed. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic. If an electronic record, the Clerk of the Fifth District Court of Appeal should contact the Clerk of this Court for instructions on transmittal of the electronic record.
05/02/2014 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Jared Bretherick BY: PT Eric J. Friday 797901  
05/06/2014 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)   Petitioner's motion for extension of time is granted and petitioner is allowed to and including June 11, 2014, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
05/22/2014 RECORD/TRANSCRIPT Hon. Pamela R. Masters, Clerk D5 BY: Hon. Pamela R. Masters, Clerk D5 Multiple
06/11/2014 INITIAL BRIEF-MERITS PT Jared Bretherick BY: PT Eric J. Friday 797901  
06/17/2014 MOTION-AMICUS CURIAE MP National Rifle Association Of America NRA BY: MP John C. Frazer 109993 FILED AS MOTION FOR LEAVE TO FILE AMICUS BRIEF IN SUPPORT OF APPELLANT BY NATIONAL RIFLE ASSOCIATION OF AMERICA
06/20/2014 ORDER-AMICUS CURIAE GR   The motion for leave to file brief as amicus curiae filed by National Rifle Association of America is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
06/23/2014 MOTION-AMICUS CURIAE MP Florida Carry, Inc. BY: MP Lesley Mckinney 67976 FILED AS FLORIDA CARRY, INC'S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF
06/23/2014 AMICUS CURIAE FLORIDA CARRY BRIEF-MERITS MP Florida Carry, Inc. BY: MP Lesley Mckinney 67976  
06/23/2014 AMICUS CURIAE NRA BRIEF-MERITS MP National Rifle Association Of America NRA BY: MP John C. Frazer 109993 BRIEF OF AMICUS CURIAE NATIONAL RIFLE ASSOCIATION OF AMERICA IN SUPPORT OF APPELLANT
06/30/2014 ORDER-AMICUS CURIAE GR   The motion for leave to file brief as amicus curiae filed by Florida Carry, Inc. is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae was filed with this Court on June 23, 2014.
07/03/2014 MOTION-TOLL TIME   WITH MOTION FOR EXTENSION OF TIME (30 Days)
09/23/2014 Order Setting Oral   The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Tuesday, December 2, 2014. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary. NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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Florida Carry v. Eastern Florida State College

Florida Carry sues Eastern Florida State College for illegal ban on guns and other defensive weapons in cars

 

On Thursday January 30th there was an apparent self-defense incident in the parking lot at the Palm Bay campus of Eastern Florida State College. While we won't be commenting on the incident until all relevant facts are known, something very troubling has come to light as a result.

In December the 1st District Court of Appeal sided with Florida Carry in our lawsuit against the University of North Florida. This case ruled that college policies prohibiting the lawful possession of firearms and other arms in private vehicles on campus are preempted by both statute and by the Florida Constitution. In short, colleges with such policies are breaking the law and violating the rights of students, employees, and campus visitors.

Also on Thursday, Eastern Florida State issued a press release that states, in relevant part:

The incident comes following a Florida appeals court ruling last week that struck down a University of North Florida policy that banned keeping firearms in cars on campus.

Some Florida universities have since changed their policies to allow guns in cars on campus, but Eastern Florida State College has kept its ban in place pending a final court rehearing of the UNF case.

Eastern Florida State College policy prohibits weapons anywhere on its four campuses, with the following stated in the college's governing policy manual and in the Student Code of Conduct:

"Students may not possess weapons while on college property (law enforcement officers excluded.) Weapons are defined as firearms, knives, explosives, flammable materials or any other items that may cause bodily injury or damage to property."

To be clear, there is no rehearing or appeal on the merits of the decision pending in any court. There is a pending motion for reconsideration of the court's award of attorney's fees but that has no bearing whatsoever on the finality of the 1st DCA order. The court's order is final and binding statewide and Eastern Florida State is clearly breaking the law.

On Monday February 3rd, 2014 Florida Carry, Inc. filed a lawsuit against Eastern Florida State College (EFSC), seeking a permanent injunction to protect the rights it members who are students, faculty, and the campus visitors from the college's illegal and unconstitutional regulations prohibiting defensive firearms and weapons on all college property. 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)..." 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. Eastern Florida State has willfully and intentionally refused to comply with the court's ruling. In short, colleges with such policies are breaking the law and violating the rights of students, employees, and campus visitors. Florida Carry will not sit idly by and watch the civil rights of Floridians be violated.


Docket Overview: Lower Court Case Number: 05-2014-CA-014025
Brevard County Clerk of the Circuit Court


Lower Court Filings: 

2/3/2014 Plaintiffs' Complaint
4/30/2014 All EFSC regulations changed - Settlement Reached.

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