Update in Florida Preemption and Maryland "Ghost Gun" Cases in Today's FPC Daily 2A Legal Update

6/16/21

In today's FPC legal update, we have updates from a lawsuit against Florida's preemption law and Montgomery County, Maryland's "ghost gun" law.

Florida v. Weston

Issue: Firearm preemption law penalties

Court: Florida State Court

Action: Appellees’ notice to invoke discretionary jurisdiction of Supreme Court

In April, a 3-judge panel of Florida’s First District Court of Appeals issued an opinion in Florida v. City of Weston, which unanimously determined that the challenged penalties for violations of the state’s firearm and ammunition preemption law “are valid and enforceable.” Today, the cities and counties that brought the lawsuit asked the Florida Supreme Court to hear the case, saying that the appeals court's opinion "expressly declares valid a state statute" and "expressly and directly conflicts with a decision of another district court of appeal or of the Florida Supreme Court on the same question of law." The state may get an opportunity to respond to today's filing before the court makes a ruling on it.

Maryland Shall Issue v. Montco

Issue: "Ghost gun" ban

Court: Maryland State Court

Action: Memorandum in support of plaintiffs’ emergency motion for partial summary judgment

Earlier this month, we mentioned that Maryland Shall Issue and others filed a lawsuit against a Montgomery County law regulating the possession and transfer of so-called "ghost guns." Today, the group filed a motion for preliminary injunction, which asks the court to stop the county from enforcing the new law. The motion argues that the law is vague, preempted by state law, violates the Maryland Constitution, and violates due process. The county will now have an opportunity to respond to the motion.