The Second Amendment Foundation founder Alan Gottlieb and Florida Carry Inc., have filed a lawsuit against the city of Tallahassee accusing its mayor, John Marks, of violating the state’s preemption laws in dealing with firearms.
According to Gottlieb, “the suit targets a city ordinance which outlaws the discharge of firearms and air guns and makes no exception for lawful instances of self-defense.”
Under Florida’s preemption law cities are not allowed to make gun laws that are stricter than what the state allows.
In a press release, Gottlieb said, “Clearly, Tallahassee has way over-stepped its authority under state preemption. The Florida Legislature has exclusive domain over firearms regulation. When the law was passed, it nullified all existing, and future, city and county firearm ordinances and regulations.
Filed in the second Judicial Circuit Court in Leon County, Mayor Marks and 3 of his colleagues are named as defendants – City Commissioners Nancy Miller, Andrew Gillum, and Gil Ziffer.
“Mayor Marks and his colleagues on the city commission knew all of this,” Gottlieb said, “but they rejected an opportunity to bring the city into compliance. Their stubbornness really left us no choice but to join Florida Carry in this action.”
But Marks told Tallahassee.com vis-a-vis his decision on the gun restrictions, “The cities know how to protect their citizens. They are closest to their citizens. They are the ones that see those citizens on a daily basis and we want to protect our citizens.”