Connect with us

Florida

Florida Supreme Court poised to hear case on local gun regulations

Published

on

Florida Supreme Court poised to hear case on local gun regulations


TALLAHASSEE — With mass shootings refueling a nationwide debate about gun legal guidelines, the Florida Supreme Court docket will hear arguments subsequent week in a dispute a couple of 2011 state legislation that threatens stiff penalties if metropolis and county officers move gun-related rules.

The case has drawn briefs from among the greatest names on gun points, such because the Nationwide Rifle Affiliation and the Giffords and Brady gun-control teams.

On the coronary heart of the case is Florida’s longstanding observe of building gun legal guidelines statewide — and what occurs if cities and counties attempt to impose gun-related rules.

Greater than 30 native governments and dozens of native officers, joined by Agriculture Commissioner Nikki Fried, took the dispute to the Supreme Court docket final yr after the first District Court docket of Attraction upheld the legislation.

Advertisement

The Supreme Court docket in March scheduled oral arguments on June 9. The arguments will come within the aftermath of mass shootings at a Texas elementary college, a New York grocery retailer and a California church which have once more led to an enormous debate about gun legal guidelines.

Florida since 1987 has barred cities and counties from passing rules which are stricter than state firearms legal guidelines, and the penalties within the 2011 legislation have been designed to strengthen that “preemption.” The legislation, for instance, may result in native officers going through $5,000 fines for passing gun rules.

The case doesn’t problem the underlying 1987 legislation however contends the penalties within the 2011 legislation are unconstitutional as a result of they violate authorized immunities for native officers and governments. Cities and counties challenged the 2011 legislation after the 2018 mass capturing at Marjory Stoneman Douglas Excessive Faculty in Parkland that killed 17 folks.

Florida’s gun preemption legislation simply bought extra highly effective

In a February friend-of-the-court transient, the NRA stated the legislation was wanted as “native governments want to proceed imposing ordinances to unlawfully regulate the sale, possession and use of firearms and ammunition.”

“The preemption statute’s penalty provisions are crucial to guard the elemental proper to maintain and bear arms as a result of they deter and treatment illegal native authorities infringement towards these rights,” the NRA, which lobbied for the legislation in 2011, stated within the transient.

Advertisement

However in a November transient, attorneys for the League of Ladies Voters of Florida, the Giffords Regulation Middle, Brady and the Equality Florida Institute wrote that the legislation will “chill reputable workouts of native legislative authority.”

“In sum, the NRA has introduced no proof of rogue native officers willfully violating state legislation or constitutional rights,” the teams’ transient stated. “Quite the opposite, the NRA’s examples present native legislators working in good religion on options to troublesome coverage issues. The state’s and the NRA’s effort to punish native legislators for pursuing such options underscores the significance of legislative immunity.”

Attorneys for the native governments wrote in a 2019 courtroom doc that metropolis and county officers had been urged to take actions after the Marjory Stoneman Douglas capturing. These requests concerned things like requiring procedures or documentation to make sure compliance with background checks and ready durations for gun purchases and requiring reporting of failed background checks.

Get insights into Florida politics

Subscribe to our free Buzz e-newsletter

Political editor Emily L. Mahoney will ship you a rundown on native, state and nationwide politics protection each Thursday.

Advertisement

You’re all signed up!

Need extra of our free, weekly newsletters in your inbox? Let’s get began.

Discover all of your choices

3 issues Florida has accomplished to cease college shootings — and three concepts that haven’t occurred

However the attorneys stated native governments kept away from going forward with the proposals due to the potential penalties in state legislation. Together with officers going through the opportunity of fines and elimination from workplace, the legislation would enable members of the general public and organizations to obtain damages and lawyer charges in the event that they efficiently sue native governments for improper gun rules.

The first District Court docket of Attraction rejected the native governments’ arguments about authorized immunities for metropolis and county officers.

“The Florida Legislature has the authority to abrogate legislative immunity,” Choose Susan Kelsey wrote in an April 2021 opinion joined by Judges Stephanie Ray and Brad Thomas. “It has accomplished so right here, as a result of state preemption on this area essentially and straight deprives native governments and businesses, and their officers, of any authority or discretion to contravene, exceed, or evade the Florida Legislature’s regulation of your complete area of firearms and ammunition. On this area, the Legislature has withdrawn all legislative authority from native governments and businesses to make coverage selections. No immunity can exist for native or company enactment of provisions in violation of state preemption and thus past the scope of state-delegated authority.”

Advertisement

However in a March transient, attorneys for the native governments and Fried, a Democratic candidate for governor, stated the legislation violates the constitutional separation of powers as a result of it opens the door to judges delving into the motives of native elected officers.

“The state’s argument (in favor of the legislation), if adopted, would undermine core rules of democracy,” the transient stated. “The Florida Structure and the separation of powers doctrine preclude the Legislature from increasing the judicial energy in Florida to inquire into the motivations of native elected officers such officers merely due to how they voted on laws that, on the time, had not but been decided to be preempted.”

The Supreme Court docket case stems from three lawsuits that have been consolidated in Leon County circuit courtroom. The challenges have been filed by cities and counties from numerous elements of the state, equivalent to Tallahassee, Gainesville, Orlando, St. Petersburg, Fort Lauderdale and Miami Seashore.



Source link

Advertisement
Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Florida

Western Carolina visits Florida State following Stansberry’s 20-point game

Published

on

Western Carolina visits Florida State following Stansberry’s 20-point game


Associated Press

Western Carolina Catamounts (2-2) at Florida State Seminoles (6-1)

Tallahassee, Florida; Tuesday, 7 p.m. EST

Advertisement

BOTTOM LINE: Western Carolina plays Florida State after Cord Stansberry scored 20 points in Western Carolina’s 82-69 loss to the Wake Forest Demon Deacons.

The Seminoles are 3-1 on their home court. Florida State is 5-1 when it wins the turnover battle and averages 12.4 turnovers per game.

Western Carolina finished 11-8 in SoCon action and 10-6 on the road a season ago. The Catamounts averaged 11.3 assists per game on 28.2 made field goals last season.

___

The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.

Advertisement




Source link

Continue Reading

Florida

Florida Gators Put Nation on Notice with Ole Miss Win

Published

on

Florida Gators Put Nation on Notice with Ole Miss Win


It’s been a good couple weeks for the Florida Gators.

First, they take down No. 22 LSU, 27-16, with a bend but don’t break approach. Then, they follow that up by upsetting No. 9 Ole Miss, 24-17. With that latter win, heads really began to turn. It was one thing to put up fights against Tennessee and Georgia, but now, they’re beginning to take down these formidable opponents. 

The analysts are starting to talk them up. ESPN’s College Gameday analyst Kirk Herbstreit is ready to hand head coach Billy Napier the award for coach of the year. He made sure to include that he thinks quarterback DJ Lagway is going to be something special. 

“Can a guy with a team that will finish 7-5 win the coach of the year award? He should!!” Herbstreit said in a tweet. “Billy Napier and  [the Florida Gators, after being 4-5 and losing two straight,  have beaten LSU and Ole Miss. So impressive to see this fight from the Gators and their fans after having a tough year. And, oh yeah, DJ Lagway is the REAL DEAL!”

Advertisement

Big Cat from Barstool Sports jumped on X (formerly Twitter) and said, “The Florida Gators may need a playoff berth.”

Now, that can be written off as two guys getting excited, but key writers are noticing too. Florida received votes in the latest AP Poll. 

Brian Brian Fonesca of the NJ.com/Star-Ledger and Ian Kress of WLNS-TV (a CBS affiliate in Lansing, Michigan) ranked them No. 25. David Paschall of the Chattanooga Times Free Press ranked them No. 24. It’s only four points, but they’re the only five-loss team to receive votes. 

Unofficially, they’re ranked No. 33 in the country. If they had beaten Tennessee or Georgia to have that slightly better 7-4 record, could very well be in the top 25 right now. It’s hard to vote for a 6-5 team, that’s totally fair, but the willingness to do so by a handful of writers is a good starting point. If they win out, including a quality bowl win, to finish 8-5, finishing ranked is realistic.

Those who are signing on now are seeing what could be on the horizon in 2025. This is how they are playing now. This team might have won eight or nine games had this been yearlong. Wait until they play the portal some more this summer to bring in more talent, Napier gets that offensive coordinator and Lagway comes in with nearly a year of play under his belt. 

Advertisement

The Florida Gators have put the country on notice. They gave Napier the time to rebuild after Dan Mullen’s collapse, and that time is beginning to pay off. 



Source link

Continue Reading

Florida

Florida shows it can finish with another second-half closeout and a makeshift dunk contest

Published

on

Florida shows it can finish with another second-half closeout and a makeshift dunk contest


GAINESVILLE, Fla. — Florida players eager to celebrate their latest victory, the one that made them bowl eligible for the first time in two years, found a suitable prop on the sideline.

Ole Miss left behind its basketball hoop, which the Rebels use to salute big plays during games.

The Gators set it up, grabbed some footballs and held their own dunk contest near the end zone. It provided an apt stage — perfect for showcasing finishing moves — after they closed out another ranked opponent.

Florida (6-5, 4-4 Southeastern Conference) dominated the second half for the second consecutive week and got to party in the Swamp following a 24-17 victory over then-ninth-ranked Mississippi on Saturday.

Advertisement

Not only did the Gators knock the Rebels (8-3, 4-3) out of the College Football Playoff picture, they won their fourth consecutive home game and raised expectations for coach Billy Napier’s fourth season in Gainesville.

And the manner in which they accomplished it mattered. Napier has been preaching about “finishing,” something that had mostly eluded the Gators in the past two years.

Florida lost four games in 2023 after leading in the second half, including three — against Arkansas, Missouri and Florida State — in the fourth quarter.

Florida quarterback DJ Lagway (2) and teammates Trikweze Bridges (7), Aidan Mizell (11) and Jadan Baugh (13) celebrate their 24-17 win against Mississippi in an NCAA college football game, Saturday, Nov. 23, 2024, in Gainesville, Fla. Credit: AP/Phelan M. Ebenhack

And no one following the program has forgotten how close the Gators were to upsetting Tennessee and Georgia earlier this season, losing 23-17 to the Volunteers in overtime and fading against the Bulldogs after being tied at 20 with five minutes to play.

Advertisement

Napier hoped all those gut punches would ultimately lead to something better, and they finally did — with late-game knockouts against LSU and Mississippi.

“Eventually you get sick of that,” receiver Chimere Dike said. “To be able to get these last two wins is huge for our team and our program. I’m proud of the resilience the guys showed, the way that we performed.”

Florida held Ole Miss coach Lane Kiffin’s high-scoring offense to three points in the second half. The Rebels turned the ball over twice — interceptions by Bryce Thornton on the final two drives — punted twice and got stuffed on another fourth-down run.

Florida defensive back Bryce Thornton (18) intercepts a pass on...

Florida defensive back Bryce Thornton (18) intercepts a pass on Mississippi’s final drive during the second half of an NCAA college football game, Saturday, Nov. 23, 2024, in Gainesville, Fla. Credit: AP/Phelan M. Ebenhack

“I thought we were better on both sides up front, and short-yardage defense is a big component,” Napier said. “Those are identity plays. I think we had guys step up and make plays.”

Added defensive tackle Cam Jackson said: “Everybody just pinned their ears back. That was great.”

Advertisement

It was reminiscent of the previous week against then-No. 21 LSU. Florida held the Tigers to six points in the second half and forced a fumble, a punt and a turnover on downs in a 27-16 victory.

“We just all came together and wanted to change how Florida was looked at,” Thornton said. “That’s the biggest thing with us, just trying to show everybody that we can do it.”

The Gators ended the afternoon showing off their basketball moves.

Cornerback Trikweze Bridges, receiver Marcus Burke, defensive end Justus Boone, tight end Tony Livingston and linebacker Shemar James delivered monster dunks. Aidan Mizell passed a football between his leg in midair before his slam, and fellow receiver Elijhah Badger bounced it off the backboard before rousing teammates and fans with his finish.

“Belief is the most powerful thing in the world,” Napier said. “At some point there, midseason, we figured (that) out and we started to believe. Look, we can play with any team in the country.”

Advertisement



Source link

Continue Reading

Trending