Statements by Commissioner Nikki Fried, Rep. Dan Daley on Unconstitutional Florida Gun Law Ruling

Tallahassee, Fla. – Today, Florida’s First District Court of Appeals overturned a lower court’s ruling[ ] that a state law punishing local government officials who pass local gun safety ordinances is unconstitutional. A circuit court judge had previously found the state law unconstitutional.

Florida Agriculture Commissioner Nikki Fried, an original defendant in the case, became an appellant and filed a brief in December 2019 in support of local cities and counties’ right to pass local ordinances free from state interference. Of the ruling, Commissioner Fried and State Representative Dan Daley (HD-97) today offered the following statements:

“This ruling is extremely disappointing for all who believe communities deserve to make local gun safety decisions free from fear,” said Commissioner Fried. “Florida’s firearm preemption law violates the spirit of the Constitution and threatens local mayors and councilmembers with fines and lawsuits just for doing their jobs. These punishments are extreme, unfair, and make no Floridian safer. I applaud state leaders like Rep. Dan Daley and local officials who, facing the gun lobby’s endless intimidation, stood firm in putting first the safety of our citizens.”

“I am incredibly disappointed in the decision out of the First District Court of Appeals today. Each day without common-sense gun reform is a day with more lives at risk,” said Representative Daley. “As President Biden just said yesterday, ‘enough prayers, time for some action.’ We know the heavy weight of these words very personally here in Florida, and yet local leaders continue to be blocked at every turn in our efforts to make decisions that will keep our communities safer. I remain dedicated to this work in all capacities, despite today’s setback. We must continue to fight for a safer future.”

Background: Florida’s state firearm preemption law is one of the nation’s most extreme. The preemption law’s punitive provisions threaten local mayors and commissioners with fines, lawsuits, and removal from office for considering local firearm safety measures. These provisions were found unconstitutional in July 2019, and have been called “severe.” Commissioner Fried had previously called the case’s appeal “not only a waste of taxpayer money and time, but the wrong direction for our state.” Fried’s predecessor had been named as a defendant in the case; following her election in 2018, Fried was substituted as a defendant.

Brief: Commissioner Fried’s brief, which can be downloaded here, reads in part:

"The act of governance requires independent judgment and discretion on the part of those individuals who are the decision makers. … Without immunity from liability, officials would be tempted to vote for what is safest for them personally, rather than what is best for their community. … [T]he Penalty Provisions of sections 790.33 and 790.335, Florida Statutes … violate the doctrines of both legislative immunity and government function immunity, as well as the underlying principles of the separation of powers integral to the Florida Constitution."

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