In the wake of the recent mass shootings in Buffalo, New York and Uvalde, Texas, among others, Ed Guedes, Chair of the firm’s appellate practice group, argued about the controversial issue of gun control in front of the Florida Supreme Court.
Representing dozens of Florida counties, municipalities, and elected officials, Ed argued that while the Legislature has the authority to preempt local laws substantively, it overstepped its authority by enacting a provision that could lead to fines against individual elected officials simply because they voted to enact ordinances that are later determined to be preempted by state statute.
“This is a legislative firehose to put out a birthday candle,” Ed argued.
Since 1987, Florida has barred cities and counties from passing regulations governing firearms and ammunition, and in 2011 a law that was designed to strengthen the 1987 preemption was passed. Ed argued the penalties in the 2011 law are unconstitutional, in part, because they violate legislative immunity and governmental function immunity for local elected officials and their governments. Also, Ed argued that the penalties violate the constitutional separation of powers doctrine because it would lead to courts delving into the motivations or intentions of local elected officials.
Ed’s representation of the municipalities was covered in several media outlets across Florida.
Click here and here to read the Miami Herald articles.
Click here to read the Sun Sentinel article.
Click here to read the Politico article.
Click here to read the Florida Politics article.
Click here to read the Florida Phoenix.
Click here to read the NewsRadio WFLA article.
Click here to read the WLRN article.
Click here to read the ABC Action News article.
Click here to read the CBS News article.
Click here to read the WINK article.
Click here to read the 99.1 WQIK – iHeart article.
Click here to read the Bradenton Herald article.
Click here to read the Patch article.
Click here to read the South Florida Reporter article.
Click here to read the Boca Raton magazine article.
Click here to read the Florida Record.
