Justia Lawyer Rating
Super Lawyers
Expertise - Best Divorce Lawyers in Jacksonville

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.
Client Reviews
"As a real estate agent, I have been involved with many property transactions where I needed a probate attorney to help facilitate the transaction. I have used the services of Mr. Goldman and his staff over the last several years and continue to use them on a regular basis. His office has been able to navigate the court system and help estates sell their property quickly and efficiently..." Michael Starling
"I've had Mr. Goldman do my entire estate planning as well as my gun trust. I highly recommend him and his firm. If you're planning a gun trust, trust no one else Mr. Goldman is one of if not the best versed on this topic." Howard
“Great service is an understatement. We bought several properties that Mr. Goldman handled for his clients. The communication and explanation of everything was terrific. I would definitely recommend him for all of your real estate needs.” Kassandra
“After struggling with 2 probate cases prior to hiring attorney Goldman I was extremely apprehensive during the hiring phase. Not only did Attorney Goldman assure me they could take care of this his office was wonderful. Jennifer was assigned to my case and she was wonderful and were able to guide another probate case I had saving me additional time and frustration. Highly recommend this office.” Debbie