FLORIDA CARRY, INC. v. TALLAHASSEE

CASE NO. 1D15-5520.

212 So.3d 452 (2017)

FLORIDA CARRY, INC. and the Second Amendment Foundation, Inc., Appellants/Cross-Appellees, v. CITY OF TALLAHASSEE, Florida, a Political Subdivision of the State of Florida; John Marks, Mayor of the City of Tallahassee; Nancy Miller, City Commissioner of The City of Tallahassee; Andrew Gillum, City Commissioner of the City of Tallahassee; and Gil Ziffer, City Commissioner of the City of Tallahassee, Appellees/Cross-Appellants.

District Court of Appeal of Florida, First District.

Rehearing Denied March 20, 2017.


Attorney(s) appearing for the Case

Eric J. Friday of Fletcher & Phillips, Jacksonville; Lesley McKinney of Law Office of David M. Goldman, Jacksonville, for Appellants/Cross-Appellees.

Jason Gonzalez of Shutts & Bowen LLP, Tallahassee; Robert Dowlut , Bethseda, MD, for Amicus Curiae National Rifle Association, in support of Appellants/Cross-Appellees.

Louis C. Norvell , Assistant City Attorney, Tallahassee; Marc J. Fagel and Lauren G. Escher of Gibson, Dunn & Crutcher LLP, San Francisco, CA, for Appellees/Cross-Appellants.

Pamela Jo Bondi , Attorney General, Blaine H. Winship , Special Counsel, Tallahassee, for Intervenor.

Edward G. Guedes , Jamie A. Cole , and Adam Schwartzbaum of Weiss Serota Helfman Cole & Bierman, P.L., Coral Gables, for Amicus Curiae City of Weston, Florida, and City of Miramar, Florida, in support of Appellees/Cross-Appellants.

Brook Dooley and David J. Rosen of Keker & Van Nest LLP, San Franciso, CA; Ruth E. Vafek of Ausley & McMullen, P.A., Tallahassee for Amici Curiae The Law Center to Prevent Gun Violence, The League of Women Voters of Florida, States United to Prevent Gun Violence, concerned local elected officials, and concerned state elected officials, in support of Appellees/Cross-Appellants.

Harry Morrison, Jr. , Tallahassee; Susan H. Churuti of Bryant Miller Olive P.A., Tampa; and Elizabeth W. Neiberger of Bryant Miller Olive P.A., Miami, for Amicus Curiae The Florida League of Cities, in support of Appellees/Cross-Appellants.


Appellants, Florida Carry, Inc. and The Second Amendment Foundation, Inc., appeal a Final Summary Judgment entered by the trial court in favor of Appellees, the City of Tallahassee ("City"), John Marks, Nancy Miller, Andrew Gillum, and Gil Ziffer. Appellants argue on appeal that the trial court erroneously determined that section 790.33...

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