Florida Statewide Rule
Florida Firearms and Ammunition Local Preemption Law
Key Facts
- Fs
- FS 790.33 preempts the entire firearms and ammunition regulatory field
- All Conflicting Local
- All conflicting local ordinances are null and void by operation of law
- Officials Face Personal
- Officials face personal $5,000 fines that cannot be paid by the locality
- Governor May Remove
- Governor may remove officials who knowingly violate preemption
- Prevailing Plaintiffs Can
- Prevailing plaintiffs can recover up to $100,000 in damages plus fees
Summary
Florida Statute 790.33 expressly preempts the entire field of firearm and ammunition regulation to the state, voiding all local ordinances and imposing personal civil penalties on local officials who knowingly enact or enforce conflicting rules.
F.S. 790.33 790.33 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.
Full Breakdown
Section 790.33, Florida Statutes, declares that the Legislature occupies the whole field of firearm and ammunition regulation, including purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation. Any existing or future county, city, town, or special district ordinance is null and void. Local officials who knowingly and willfully violate the preemption can be removed from office by the Governor, fined up to $5,000 personally without indemnification, and held liable for attorney fees and damages up to $100,000 to a prevailing plaintiff. Only the state, through the Legislature, may regulate firearms.
Violations & Penalties
Knowing violations by local officials trigger personal civil fines up to $5,000, removal from office, and damages up to $100,000 plus attorney fees to prevailing challengers.
Frequently Asked Questions
Can a Florida city pass its own gun ordinance?
What happens to a city official who enforces a banned local gun rule?
Are there any exceptions to Florida firearms preemption?
Sources
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