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What is Florida's Preemption Law?

What is Florida's Preemption Law?

February 18, 20213 min read

What's Up Sheepdogs? Ryan here with Tampa Carry.

Take a minute and imagine if every county, city, municipality, and township within the state of Florida had different firearms laws. It would be a nightmare! You would have to understand and follow the law in each individual city and county. For example, Hillsborough County could say it is perfectly legal to possess a standard-capacity 17-round magazine, but the city of Tampa only wants you to have seven rounds, and anything more than that is a felony. Meanwhile, Pinellas County says you can only have a 10-round magazine capacity and your gun has to be in the trunk.

What an absolute disaster this would be! I’m not sure about you, but it's hard enough for me to know what I can and cannot do with one set of state rules. I couldn't imagine living in a state where the law changed based on which county, city, municipality, or township I was in.

Florida Concealed Carry Laws - Preemption

Thankfully, at the moment, this nightmare doesn't exist in Florida because of a fantastic law passed in 1987 called Preemption. 

Here is what the Preemption statute says:

Florida Statutes 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.

Its Hasn't Stopped the Anti-Gunners

This statute protects us from the nightmare scenario I depicted earlier. However, this statute hasn't stopped some politicians from attempting to supersede the Preemption law by banning common sporting rifles such as the AR-15 or AK-47. The one amazing benefit of this statute is that there’s a penalty for politicians who knowingly violate it. 

Florida Statutes 790.33(3) PROHIBITIONS; PENALTIES.—  (c) If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000...  (e) A knowing and willful violation of any provision of this section... shall be cause for termination of employment or contract or removal from office by the Governor.

I love the fact that these lunatic gun grabbers can be fined or fired for attempting to violate the Preemption law. However, you and I both know they don't give up that easily.

New Florida Concealed Carry Laws

Currently, some politicians are seeking to repeal Florida Statutes 790.33. If this happens, lawful gun owners will be living in a nightmare scenario where every county, municipality, city, and township could create its own random laws that we would be expected to know. It's up to us to educate the public as to the importance of Florida's Preemption law. 

That's all I have for today. So until next time keep training and stay safe...Talk to you soon,

Ryan G. Thomas

P.S. You’re one step away from getting your Florida concealed carry permit….FAST & EASY…

And for a limited time you can watch the concealed carry course online for free... Click here to get started...

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Ryan G. Thomas

Ryan believes a trained and aware citizen is the best way to minimize crime, victims and senseless acts of violence. Ryan is a veteran of the United States Air Force and a father of three beautiful children. Ryan and his wife Tiffany met while doing inner city ministry for Operation Explosion in Tampa 12 years ago. He is passionate about God, his family, and his community. Ryan has a passion for the 2nd amendment and believes all Americans should have the right and ability to protect themselves and their families.

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