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Gun Lawsuit heard at First District Court of Appeal

January 10th, 2017 by Mike Vasilinda

A 2011 state law banning local governments from enacting any ordinances that place more severe restrictions on gun use than the state was on trial today in an appeals court. The Tallahassee City Commission refused to remove a ban on firing a gun in a park and was sued by Florida Carry and the Second Amendment Foundation. A trial court sided with Florida Carry, but Tallahassee Mayor Andrew Gillum decided to fight for what he calls the principle of home rule.

“If a law like this is allowed to stand, if allows for the state legislature to penalize personally the elected officials duly elected by the citizens in their communities over a policy difference” say Gillum. “A different in public policy.  We believe that’s unjust and we believe that’s unfair. Today, we are also making the stand that it is unconstitutional.”

But Eric Friday of Florida Carry says the city can’t supersede state law because they disagree with it.

“It’s no different if the city wanted to go and make a rule that it wanted to paint pink lines instead of yellow lines in the middle of the roadway. We have a uniform traffic code, we have uniform firearms laws, and the city doesn’t get to do whatever they want just because they want to do it because they don’t like the law” Friday said after the hearing.

No matter which side prevails, an appeal to the state Supreme Court is likely.

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