Tampa, 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
Tampa 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 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. — (a) Any person, county, agency, municipality, district, or other entity that violates the Legislature's occupation of the whole field of regulation of firearms and ammunition, as declared in subsection (1), by enacting or causing to be enforced any local ordinance or administrative rule or regulation impinging upon such exclusive occupation of the field shall be liable as set forth herein.
Full Breakdown
Fla. Stat. Sec. 790.33 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 Florida city, county, and special district. First enacted in 1987 and significantly strengthened in 2011 and 2021, the statute carries unusually severe penalties for non-compliant local officials: a court must invalidate and enjoin conflicting ordinances, a knowing-and-willful violator faces a personal $5,000 civil fine, removal from office or contract termination by the Governor, and citizens may sue for up to $100,000 in actual damages plus attorney's fees. Tampa's narrow remaining authority is limited to actions state law expressly permits, such as generally applicable zoning of firearm dealers as ordinary commercial businesses. Florida's permitless concealed-carry law (Ch. 2023-18) lets adults 21+ carry concealed without a license statewide.
Violations & Fines
Any Tampa ordinance conflicting with Sec. 790.33 is void. Courts must enjoin enforcement; knowing-and-willful violations bring $5,000 personal fines against officials, removal from office, and private damages up to $100,000 plus attorney's fees.
Frequently Asked Questions
Can Tampa ban handguns or assault weapons?
What firearm rules apply in Tampa?
Are there any local firearm restrictions in Tampa?
Sources & Official References
Other rules in Tampa
Florida rules heatmap·Compare Tampa to another location·View the Florida firearms overview
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