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.
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.
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.
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