Jacksonville, FL Firearms: Local Firearms Preemption (2026)
Key Facts
- Preemption Statute
- Fla. Stat. Sec. 790.33
- Enacted / Strengthened
- 1987; 2011; 2021
- Officials' Penalty
- $5,000 personal fine + removal from office
- Private Damages
- Up to $100,000 + attorney fees
- Statewide Carry
- Permitless concealed carry (21+) since July 2023
Summary
Jacksonville cannot enact local firearm ordinances. Florida Statutes Section 790.33 reserves to the state Legislature the whole field of firearm and ammunition regulation. Local officials who knowingly enact preempted ordinances face civil fines up to $5,000 and possible removal from office.
790.33  Field of regulation of firearms and ammunition preempted. — (1)  PREEMPTION. — Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void. (2)  POLICY AND INTENT. — (a)  It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws. (b)  It is further the intent of this section to deter and prevent the violation of this section and the violation of rights protected under the constitution and laws of this state related to firearms, ammunition, or components thereof, by the abuse of official authority that occurs when enactments are passed in violation of state law or under color of local or state authority.
Full Breakdown
Fla. Stat. Sec. 33 declares that the Florida Legislature 'occupies the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation,' to the exclusion of every county, city, town, and special district. Originally enacted in 1987 (Ch. 87-23) and significantly strengthened in 2011 and again in 2021 (Ch. 2021-15), the statute imposes uniquely harsh penalties on local officials who knowingly and willfully violate it: civil fines up to $5,000 against the individual official, removal from office or termination of employment by the Governor, and a private right of action for citizens with damages capped at $100,000 plus attorney fees.
Jacksonville (consolidated with Duval County) retains only the narrow ability to enact rules state law expressly permits, for example, restrictions on firearm discharge within densely populated areas under Sec. 15, and zoning of firearms dealers as ordinary commercial businesses. Concealed and open-carry, purchase, and possession rules are uniform Florida law; Florida adopted permitless concealed carry (Ch. 2023-18) effective July 1, 2023.
Violations & Fines
Any Jacksonville/Duval ordinance conflicting with Sec. 790.33 is void. A court must enjoin enforcement; a knowing-and-willful violation can result in a personal $5,000 civil fine against the official, removal from office by the Governor, and private damages up to $100,000 plus attorney's fees.
Frequently Asked Questions
Can Jacksonville ban handguns or assault weapons?
What firearm rules apply in Jacksonville?
Are there any local firearm restrictions in Jacksonville?
Sources & Official References
Other rules in Jacksonville
Florida rules heatmap·Compare Jacksonville to another location·View the Florida firearms overview
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