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Florida Firearms Preemption

Per Florida Statute §790.33, only the State Legislature can enact laws relating to firearms and ammunition.  The statute states that counties, cities, other subdivisions, and agencies cannot enact, enforce, or promulgate any laws concerning firearms or ammunition.  Additionally, any laws that are on the books of these other entities are null and void.
 
This allows the citizens of Florida to be aware of the firearms laws and not be concerned about unintentionally committing an illegal act merely by crossing a county or city boundary.
 
To ensure that local officials abide by the State’s preemption, the Legislature made provisions for civil fines, recovery of litigation costs and fees, and potential removal from office for those who violate the law.
 
Still, many places in Florida attempt to regulate the possession and use of firearms despite lacking the legal authority to do so.
 
Florida Statute §790.06(12) defines where handguns and concealed weapons are prohibited.  These include:
  1. Any place of nuisance.
  2. Any police, sheriff, or highway patrol station.
  3. Any detention facility, prison, or jail.
  4. Any courthouse.
  5. Any courtroom, except by a judge or with the judge’s permission.
  6. Any polling place.
  7. Any meeting of the governing body of a county, public school district, municipality, or special district.
  8. Any meeting of the Legislature or legislative committee.
  9. Any school, college, or professional athletic event not related to firearms.
  10. Any elementary or secondary school facility or administration building.
  11. Any career center.
  12. Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises in the portion of the establishment primarily devoted to such purpose.
  13. Any college or university facility unless the person with the concealed permit is a student, employee, or faculty member and the weapon is a stun gun or non-lethal electronic device for defensive purposes that does not fire a dart or projectile.
  14. The inside of the passenger terminal and sterile area of any airport unless the firearm is encased to be checked as baggage for legal transport on an aircraft.
  15. Any place where the carrying of a firearm is prohibited by federal law.

Private businesses have the right to determine if they allow firearms on their premises (with certain exceptions) but any prohibition by a government entity other than those listed above is a violation of state law and exposes Floridians to unnecessary legal risk.
 
The Florida Gun Lawyers at the Law Office of David M. Goldman PLLC investigates violations of Florida Firearms Preemption laws for our clients and pursue remedies when available.  Often these cases can be handled on a contingency basis. If you see or experience a violation of the Florida firearms preemption, contact us for an online case evaluation.
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