Florida Cities and Counties Knowingly Continue to Break State Law

For Immediate Release – Thursday, July 21, 2011

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

Florida Cities and Counties Knowingly Continue to Break State Law

Since 1987 it has been illegal for local Florida governments to regulate firearms and ammunition.  The preemption statute was passed then so that Florida gun owners would no longer face a patchwork of local laws that was impossible to keep up with.  It was also passed to protect Floridians from local lawmakers who do not respect the citizens’ right to bear arms.

The Florida Legislature never imagined that local leaders would thumb their noses at

Tallahassee and intentionally break the law despite clear statute and appellate court decisions.  But they have for the past 24 years and the patchwork continued.


In 2010, Florida Carry, Inc. Co-Executive Director Richard Nascak and a cadre of

volunteers organized on web forums and banded together in an grassroots effort to fix the problems at the local level.   They contacted local governments and were shocked at the reactions they got.  Local leaders were quite happy to make criminals of lawful gun owners because there was no penalty for politicians and bureaucrats breaking the state preemption law.

“So, sue us!” was the general and sometimes literal response.  Lee County resident and attorney Patrick Buckley did just that. He filed a lawsuit against his county’s park carry ban, knowing there was no provision to even recover his costs and fees should he win.

Richard Nascak engaged State Rep. Paige Kreegel for help and the NRA got involved to draft legislation that would put teeth in the long-abused statute.

Volusia County traded arguments for months with Florida Carry, Inc. Co-Executive Director Sean Caranna over its woodland and airport carry bans but finally backed down and repealed the preempted ordinances in March 2011 once it became clear that the Firearms Preemption Enforceability bill was on track to pass.

During the 2011 session, the legislature made it clear that they had had enough.  On October 1st 2011, new penalties and a vehicle for recovery of attorney’s fees and costs goes in to effect.  With about 70 days left, to act Florida counties, cities, and agencies are on notice.  Florida Carry will hold local leaders accountable and finally clear up the patchwork of unlawful restrictions on the right to bear arms in Florida.

Sean Caranna
Florida Carry, Inc.

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 gun 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 7 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 that have been proven to provide safe havens to criminals and be deadly to law abiding citizens.

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7 Responses to Florida Cities and Counties Knowingly Continue to Break State Law

  1. Steven Wollam says:

    Sanibel Island is breaking state and federal law! When coming onto the island, after the last section of the bridge, is a sign that states firearms are illegal on the island.

  2. Sean Caranna says:

    Can you get me a picture of that Steven? I want to get it to our lawyers.

  3. Bososivitch says:

    Even though some servants enjoy immunity from lawsuit in tort, they may (obviously) not have thought of criminal charges for abuse of civilrights under color of authority.

    The protection has always been good faith assumed on behalf of the servant, but when servants intentionallybreak the law and in bad faith, they forfeit their cover.

    Don’t you think it’s about time Americans began arresting on criminal charges those?

  4. Bososivitch says:

    Let me add that pattern and practice helps to define the offense. If they do it twice, as in RICO, they do it enough to be charged having established it as a pattern and practice.

    Are we going to put up with this past another election or what?

  5. Angus McThag says:

    Is there some place where we can see what our localities and counties are doing?

    Marking the county red is not really very informative and I don’t speak legalese well enough to navigate the ordinances by reading them. That assumes I stumble across the section the violation is buried in.

  6. Sean Caranna says:

    Angus, that’s the problem. It took weeks of research to come up with the information used to make that map and even that data is incomplete. How is the average gun owner supposed to keep up with it all?

    That’s why we have preemption, so you don’t have to.

  7. Pingback: More Government Corruption III Ignoring the Law that Governs Government » Mr. TakeDown

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