Broward County sues governor over state prohibition on local gun control laws
The county where Parkland high school students started the #NeverAgain movement for stronger gun control filed a lawsuit against Florida Gov. Rick Scott and others Monday over a state law preempting the county government from passing tighter restrictions on firearms.
The suit by Broward County followed similar suits filed by cities including Miami, Miami Gardens, Pompano Beach, Pinecrest, South Miami, Cutler Bay and Lauderhill in recent weeks.
In the suit, Broward County referenced “repeated, horrific, mass shootings [that] have devastated American communities," as well as pressure from students and parents of Marjory Stoneman Douglas High School as the basis for the action.
“I feel it is very important for our county to take a stand on this because it affects our ability to keep people safe in our communities," said Broward County Commissioner Nan Rich, a co-plaintiff on the suit. Rich said Broward is the first county to file such a lawsuit, which she says is unique from the suit many cities have signed on to.
In the suit, Broward County, Mayor Beam Furr, and several co-plaintiffs ask the judge to rule on the constitutionality of a 2011 Florida law that imposes a $5,000 fine on any local official who tries to enforce or enact local gun laws, and gives the governor power to remove that official from office.
The 2011 law, signed by Scott and backed by the National Rifle Association, created the sanctions to further enforce a longstanding state policy prohibiting local governments from taking stronger stands than Tallahassee on gun control. Broward County officials argue that the law undermines key rights of local governments stipulated by the "home rule" provision of the state Constitution.
"Gun control is easier on the local level," said Rich. "Whatever county wants to pass sensible gun laws they should be able to do it."
"We’re supposed to be regulating certain things like the five-day waiting period but we are not really able to enforce it," said Broward Commissioner Michael Udine, referring to the 2011 state law. "Everybody is nervous about doing anything in this field because they just don’t know what is going to run them afoul of these draconian penalties."
Miami-Dade's county commission is considering a similar lawsuit.
"This is encouraging, and it's not surprising," said Eric Tirschwell, litigation director for Everytown for Gun Safety. "Local officials are seeing this law for what it is: An unconstitutional and illegal obstacle that threatens cities, counties and their elected representatives with severe penalties for trying to protect their constituents from gun violence.”
In early April, the Broward County Commission passed a resolution seeking to enact a five-day waiting period before purchasing firearms in the county, regulation of the sale of accessories such as high capacity magazines, restrictions on gun shows in county-owned spaces, and a prohibition on carrying firearms in certain public areas, especially those owned by the county. Enacting that resolution would be costly for county officials, however, who could be fined and removed from office under current state law.
"If an elected official does that, not only do they get fined, they have to pay their own defense," said Rich. "So the chilling effect dramatically limits the exercise of local home rule. "
This story was originally published April 30, 2018 at 4:03 PM with the headline "Broward County sues governor over state prohibition on local gun control laws."