Miami, 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
Miami cannot enact local firearm ordinances. Florida Statutes Section 790.33 reserves the whole field of firearm and ammunition regulation to the state Legislature. Local officials who knowingly enact preempted rules face personal civil fines up to $5,000 and 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. ... (3) PROHIBITIONS; PENALTIES. — ... (c) If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred.
Full Breakdown
Fla. Stat. Sec. 790.33 expressly preempts 'the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation' from every county, city, town, and special district in Florida. Enacted in 1987 and substantially strengthened by Ch. 2011-109 and Ch. 2021-15, the statute provides unusually severe enforcement: a court must declare conflicting local laws invalid and permanently enjoin them, knowingly-and-willfully violating officials may be fined personally up to $5,000, removed from office or terminated by the Governor, and a private right of action lets citizens recover up to $100,000 in actual damages plus attorney's fees. Miami's narrow remaining authority is limited to what state law expressly allows, such as generally applicable zoning rules applied to firearm dealers as ordinary commercial businesses. Florida's permitless concealed carry (Ch. 2023-18) took effect July 1, 2023, allowing adults 21+ who are not otherwise prohibited to carry concealed without a license.
Violations & Fines
Any Miami ordinance conflicting with Sec. 790.33 is void. Courts must enjoin enforcement; knowing-and-willful violations bring $5,000 personal fines, removal from office, and private damages up to $100,000 plus attorney's fees.
Frequently Asked Questions
Can Miami ban handguns or assault weapons?
What firearm rules apply in Miami?
Are there any local firearm restrictions in Miami?
Sources & Official References
Other rules in Miami
Florida rules heatmap·Compare Miami to another location·View the Florida firearms overview
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