CORAL SPRINGS, Fla. – This evening, Coral Springs City Commissioner Dan Daley asked the city commission to consider challenging the state’s firearm preemption law and introduced a city resolution to limit the sale or transfer of large capacity magazines in the city. All Commissioners present indicated support for the initiative. Everytown for Gun Safety’s Litigation Team, along with Proskauer LLP, will represent Commissioner Daley and potentially others in any resulting litigation.
The state of Florida has a firearm preemption law that limits the ability of municipalities to pass gun violence prevention legislation. The punitive aspect of the preemption law says that if a city passes gun violence prevention legislation that is found to be preempted, the municipality can be forced to pay up to $100,000 in damages plus unlimited legal fees, and the elected officials who voted to pass the ordinance can be fined up to $5,000 and removed from office.
STATEMENT FROM ERIC TIRSCHWELL, DIRECTOR OF LITIGATION AT EVERYTOWN FOR GUN SAFETY:
“We believe the punitive aspects of Florida’s firearms preemption law – which threaten to punish local elected officials and cities for trying to do their job to protect their communities – violate long-standing principles of legislative immunity and other legal and constitutional protections. We are pleased to have been asked to work on this important legal issue. If and when the Coral Springs City Commission authorizes a court challenge to Florida’s firearms preemption law, we are happy to be able to offer our legal services and expertise on a pro bono basis along with the Proskauer law firm.”