We’d be thrown in jail, but when you’re working for the government, there’s no penalty.
Counties in Florida have repeatedly been knowingly violating the state’s preemption laws. Persons having to fight cases against the counties have had to pay for their ordeals out of their pockets without any chance of recompensation.
That is something we are fighting to change
Plaintiffs in the South Miami case were unable to recover any attorney’s fees or court costs. Under the current state firearms preemption statute, there is simply no penalty for local governments breaking the law. Even if a lawsuit is brought to have illegal local ordinances removed from the books, attorney’s fees and court costs can’t be recovered. Lawmakers can then pass new restrictions in spite of state law without penalty. Gun rights organizations across the state are supporting legislation to ‘add teeth’ to the current firearms preemption law. This will allow for the recovery of attorney’s fees and court costs, and provide for penalties against lawmakers who knowingly pass new firearms ordinances in violation of state law.
Plaintiffs in the South Miami case were unable to recover any attorney’s fees or court costs. Under the current state firearms preemption statute, there is simply no penalty for local governments breaking the law. Even if a lawsuit is brought to have illegal local ordinances removed from the books, attorney’s fees and court costs can’t be recovered.
Lawmakers can then pass new restrictions in spite of state law without penalty.
Gun rights organizations across the state are supporting legislation to ‘add teeth’ to the current firearms preemption law. This will allow for the recovery of attorney’s fees and court costs, and provide for penalties against lawmakers who knowingly pass new firearms ordinances in violation of state law.
The goal is to force both the city to cover the costs associated with any preemption violation suits as well as criminal charges against the lawmakers themselves.
When lawmakers have to worry about breaking the very laws they try to hold us against, it adds a necessary check against abuse.
The only problem with this is that the attorney's fees are recovered from taxes. So it's not really a win, because the violator still has a job, no incentive to change his behavior, and everyone else has to pay up. I can't think of a better way to make enemies for the self-defense crowd than to hit potential supporters in the wallet.