Florida controversial gun law to be reviewed by state Supreme Court

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Gun control debate

Ken Suarez reports.

In the wake of several recent mass shootings including the school massacre in Uvalde, Texas, gun ownership and restrictions have once again emerged as one of the hottest topics around.

On Thursday, the Florida Supreme Court is going to review one of the state’s most controversial firearms laws.

The so-called preemptive gun law makes it illegal for a local governing body to make it more difficult than what the state requires to buy a gun. It also opens the door for local lawmakers to be personally sued if they violate the law.

"This law doesn’t make sense," said the Commissioner of the Florida Department of Agriculture and Consumer Services, Nikki Fried. She made her comments at a press conference in Orlando. "It makes our state less safe."

She added, "Not only are local officials and municipalities not allowed to pass any kind of gun regulation that are stricter than the state law, they can actually be punished with harsh personal and financial penalties for doing their jobs and enacting laws that are making their communities safer."

Right now, under the current administration, any tightening of gun laws is meeting with strong opposition from Republicans.

"You focus on the criminal," Governor Ron DeSantis said. "You don’t kneecap the rights of law-abiding citizens."

READ DeSantis signs school safety changes bill in wake of Uvalde mass shooting

Politicians on both sides of the aisle are talking about the critical importance of stopping the bloodshed, but there is very little agreement on how to do that.

Here’s where we stand in Florida right now:

  • You have to be at least 21 or older to buy a gun. 
  • You don’t need a permit. 
  • If you buy a gun from another member of the public, you don’t need a background check. 
  • If you buy a gun from a dealer, you do need a background check, and you’ll have to wait three days before you actually get the firearm.

In contrast to some other states, like Georgia, you can’t carry a gun in Florida in plain view.

So-called red flag laws are being discussed nationally. In Florida, we have a version of that.

READ Biden calls for tougher gun laws following series of mass shootings: 'How much more carnage?'

"What we have in Florida is a risk-protection order, or a cooling-off period. If you have shown a proclivity to be violent against yourself or others, we can ask your friends or neighbors to hold your gun with a court order, to have a break or a time out to let us get you some mental health help," said Polk Sheriff Grady Judd.

Where we end up and what changes will be made is still unclear. What is clear is something has to be done or innocent victims are going to continue to die.