Firearms Regulation
Marcus v. Scott
Case No. 2011-CA-19419, 15th Judicial Circuit (Palm Beach)
In December 2011, the Palm Beach County Board of County Commissioners and several individual commissioners filed suit against the state, challenging HB 45 (2011), the additional firearms preemption bill from the 2011 legislative session. Specifically, the case argues that the penalty provisions extend beyond the power of the Legislature to enact. Specifically, the provision relating to termination of employment "or removal from office by the Governor" contradicts the specific authority of the Governor under the Florida Constitution in cases when a local official is considered for removal from office. In addition, the case challenges the power of the Legislature to intrude on the legislative immunity that is also possessed by county commissioners in this state to exercise their legislative powers. The case is in the early pleading stages. You can link to the complaint here.