Local Firearms Preemption: Miami vs Miami Gardens

Can Miami ban handguns or assault weapons?

No. Florida Statutes Sec. 790.33 preempts the entire field of firearm and ammunition regulation. Any conflicting local ordinance is void, and officials who knowingly adopt one face $5,000 personal fines and removal from office.

What firearm rules apply in Miami?

Florida state law. Adults 21+ may carry a concealed firearm without a permit (Ch. 2023-18, effective July 1, 2023). Background checks apply at licensed dealers; Florida has a 3-day waiting period on handgun purchases.

Are there any local firearm restrictions in Miami?

Only narrow ones state law allows — e.g., generally applicable zoning rules for firearm dealers. Miami cannot impose stricter carry, purchase, registration, or possession rules than Florida law.

Can a Florida city pass its own gun ordinance?

No. Section 790.33 preempts virtually all firearm and ammunition regulation to the state, voiding local ordinances and exposing officials to personal liability.

What happens to a city official who enforces a banned local gun rule?

They can be personally fined up to $5,000, removed from office by the Governor, and held liable for damages and attorney fees.

Are there any exceptions to Florida firearms preemption?

Limited exceptions exist for zoning of shooting ranges and discharge regulations, but most substantive firearm rules are reserved exclusively to the state.