Ashley Moody files notice of appeal in gun preemption case
Attorney General Ashley Moody has banned a Florida company for selling millions of fraudulent online followers. Image via the Sun-Sentinel.

A judge recently struck down portions of the state law.

Attorney General Ashley Moody has filed a notice of appeal after a judge struck down several punitive measures against local officials who violate the state’s preemption on gun control laws.

A Leon County-based circuit judge found those punitive measures unconstitutional in a ruling Friday.

A 1987 law preempts local governments from passing stricter gun control measures than have been approved at the state level. That law remains in effect.

But in 2011, state legislators added penalties — including fines and removal from office — for local officials who violate the preemption measure. Circuit Judge Charles Dodson struck down the penalties Friday.

Those fines could run up to $5,000, and local governments could be forced to pay out up to $100,000 in damages and attorneys’ fees to individuals that sue to challenge such an ordinance.

State Rep. Dan Daley, who previously served as a Coral Springs City Commissioner, was among the plaintiffs challenging those penalties. He released a statement Monday asking the AG not to pursue an appeal.

“Whether you agree with me or not that the preemptions should also be struck, I hope we can both agree that the punitive provisions have no place in state law,” Daley wrote.

“They have been a dangerous experiment in penalizing local decision makers, and the Court’s ruling is the first step in reaffirming the constitutional rights that local leaders have to make decisions for their communities.”

At the time, Moody’s office said she was still “evaluating next steps” in the case.

Daley reacted with a post on Twitter Wednesday following the news that Moody and Gov. Ron DeSantis would challenge the court’s ruling.

“Taxpayer dollars will now be wasted on a fight to keep unconstitutional and draconian provisions that stifle local elected leaders from making decisions that protect their community,” Daley said.

Agriculture Commissioner Nikki Fried also released a statement pushing back against the decision.

“The Florida gun preemption law’s punishments are some of the most extreme anywhere in the nation — and the courts have rightly ruled them unconstitutional.

“Our state shouldn’t threaten local elected mayors and council members with fines, lawsuits, and removal from office. We should restore local democracy and allow communities to consider common-sense local measures that reflect their values.”

Fried also said she is asking Moody to remove the Department of Agriculture and Consumer Services from the list of agencies challenging the ruling.

“I’ve directed the Attorney General to remove my Department from the appeal she filed last night — an appeal that is not only a waste of taxpayer money and time, but the wrong direction for our state.”

Daley and Fried are set to speak about the case during a press call Wednesday afternoon.

Ryan Nicol

Ryan Nicol covers news out of South Florida for Florida Politics. Ryan is a native Floridian who attended undergrad at Nova Southeastern University before moving on to law school at Florida State. After graduating with a law degree he moved into the news industry, working in TV News as a writer and producer, along with some freelance writing work. If you'd like to contact him, send an email to [email protected].


  • NoMoreRepublicans!

    July 31, 2019 at 1:15 pm

    Home Rule, boys and girls! HOME RULE! Do Republicans even know the basics of how democracy really works!

    • a Eldred

      July 31, 2019 at 1:27 pm

      We don’t have a democracy, it’s a constitutional republic. Look it up

    • Stephen Merrette

      July 31, 2019 at 1:47 pm

      Home rule is what was getting innocent people thrown in jail and fined for crossing arbitrary imaginary lines where what was legal on one side of the street is no longer legal on the other side of the street. Of course democrats love controlling people and telling them where and when they can exercise the God given Constitutionally protected rights. You need to go back to school and learn what form of government we have because you clearly have no idea.

    • Miles Dobrynien

      July 31, 2019 at 4:02 pm

      First, you need to educate yourself on what type of nation we are, we are not a democracy, we are a republic. Second, Mr. NoMoreRepublicans, if it weren’t for Republicans, there would still be established slavery in this country, as the Democrats advocated slavery and fought against emancipation. Third, you should learn about the basics of how our state is governed. State law is preeminent over local law. Local laws that are counter to state law will eventually be struck down, with the local taxpayers footing the bill for the court costs of losing cases.
      There should most definitely be legal ramifications for passing scurrilous laws that will just cost taxpayers in the end.

      • Edward H Freeman

        August 1, 2019 at 5:29 am

        You guys are complete idiots. The United States is supposed to be a democratic republic. The words are not mutually exclusive. Yes, at one time the Republican Party was on the right side of many issues, such a slavery, as you mentioned, giving women the vote, environmental protection, public service, military service, efficient government, balanced budgets, conservation, national parks, the truth, morality, etc. The list goes on and on. Unfortunately, the GOP, starting with Richard Nixon’s Southern Strategy and acceleration to light speed under Donald Trump abandoned all principles. Today, the party’s sole organizing principle is the accumulation and retention of power. BTW, I am a life-long Republican who will never vote for a Republican again.

    • Matthew Hudson (AKA Gun Owner)

      August 1, 2019 at 8:54 am

      Oh, we know. Democrats were eager to disarm blacks, and we stopped them. Now they want to write unconstitutional laws, and want to be free of punishment for violating the rights of the people in their communities. The only difference? They have replaced the word, “Nigger,” with “Gun Owner.”

  • Xanthen

    July 31, 2019 at 4:25 pm

    Then it should be the Exact same for the Government, Police, Politicians and Military and they should lead by example. OTHERWISE it’s just a POLICE STATE where the Government Rules with weapons Over “We The People”

  • Edward Freeman

    August 1, 2019 at 5:07 am

    Disgusting! Florida AG, Ashley Moody, goes to the wall for the NRA, but doesn’t give a shit about school children. Like the fool she replaced, the evil Pam Bondi, she is doing nothing for Floridians, except wasting our tax dollars.

Comments are closed.


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