Florida has preemption when it comes to gun laws. Cities or counties cannot regulate firearms stronger than state law. Unfortunately, like most governmental agencies, many a mayor or city councilweasel believe themselves to be above the law and have passed ‘laws’ that interfere with Floridian’s right to keep and bear arms.
Currently, the laws themselves are nothing more than an annoyance. Due to preemption, you will be protected in the case of an arrest from one of these ‘illegal laws’. Unfortunately at this time, there is no recourse for someone who has had to expend time, effort, and money defending themselves to recoup their costs and those who make these laws suffer no penalty for doing so.
We are now attempting to change this with HB45
Regulation of Firearms and Ammunition: Prohibits specified persons & entities, when acting in official capacity, from knowingly & willfully regulating or attempting to regulate firearms or ammunition in any manner except as specifically authorized by s. 790.033, F.S., or other general law; provides penalty; eliminates authority of counties to adopt ordinance requiring waiting period between purchase & delivery of handgun; provides that no public funds shall be used to defend unlawful conduct of any person charged with violation of section; provides fines for governmental entities in whose service or employ provisions of section are knowingly & willfully violated; provides for investigation of complaints of criminal violations & prosecution of violators by state attorney; provides exceptions to prohibitions; provides conditional effective date.
This allows people to force the city to pay them for their court costs as well as apply criminal investigations against those who violate Florida law by passes stricter gun laws than authorizes by 790.033.
If you live in Florida, please contact your representatives and have them add their support to this bill.