Florida Statutes
Fla. Stat. § 790.33 (2025)
Field of regulation of firearms and ammunition preempted.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
(b) It is further the intent of this section to deter and prevent the violation of this section and the violation of rights protected under the constitution and laws of this state related to firearms, ammunition, or components thereof, by the abuse of official authority that occurs when enactments are passed in violation of state law or under color of local or state authority.
(3) PROHIBITIONS; PENALTIES.—
(a) Any person, county, agency, municipality, district, or other entity that violates the Legislature’s occupation of the whole field of regulation of firearms and ammunition, as declared in subsection (1), by enacting or causing to be enforced any local ordinance or administrative rule or regulation impinging upon such exclusive occupation of the field shall be liable as set forth herein.
(b) If any county, city, town, or other local government violates this section, the court shall declare the improper ordinance, regulation, or rule invalid and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, or rule. It is no defense that in enacting the ordinance, regulation, or rule the local government was acting in good faith or upon advice of counsel.
(c) If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred.
(d) Except as required by applicable law, public funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated this section.
(e) A knowing and willful violation of any provision of this section by a person acting in an official capacity for any entity enacting or causing to be enforced a local ordinance or administrative rule or regulation prohibited under paragraph (a) or otherwise under color of law shall be cause for termination of employment or contract or removal from office by the Governor.
(f)1. A person or an organization whose membership is adversely affected by any ordinance, regulation, measure, directive, rule, enactment, order, or policy, whether written or unwritten, promulgated or caused to be enforced in violation of this section may file suit against any county, agency, municipality, district, or other entity in any court of this state having jurisdiction over any defendant to the suit for declaratory and injunctive relief and for actual damages, as limited herein, caused by the violation. A court shall award the prevailing plaintiff in any such suit:
a. Reasonable attorney fees and costs in accordance with the laws of this state, including a contingency fee multiplier, as authorized by law; and
b. The actual damages incurred, but not more than $100,000.
2. If after the filing of a complaint a defendant voluntarily changes the ordinance, regulation, measure, directive, rule, enactment, order, or policy, written or unwritten, promulgated or caused to be enforced in violation of this section, with or without court action, the plaintiff is considered a prevailing plaintiff for purposes of this section.
Interest on the sums awarded pursuant to this subsection shall accrue at the legal rate from the date on which suit was filed.
(4) EXCEPTIONS.—This section does not prohibit:
(a) Zoning ordinances that encompass firearms businesses along with other businesses, except that zoning ordinances that are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited;
(b) A duly organized law enforcement agency from enacting and enforcing regulations pertaining to firearms, ammunition, or firearm accessories issued to or used by peace officers in the course of their official duties;
(c) Except as provided in s. 790.251, any entity subject to the prohibitions of this section from regulating or prohibiting the carrying of firearms and ammunition by an employee of the entity during and in the course of the employee’s official duties;
(d) A court or administrative law judge from hearing and resolving any case or controversy or issuing any opinion or order on a matter within the jurisdiction of that court or judge; or
(e) The Florida Fish and Wildlife Conservation Commission from regulating the use of firearms or ammunition as a method of taking wildlife and regulating the shooting ranges managed by the commission.
(5) SHORT TITLE.—As created by chapter 87-23, Laws of Florida, this section may be cited as the “Joe Carlucci Uniform Firearms Act.”
Notes of Decisions
Cited in 29
cases (9 in the last 5 years), 1995–2025 · leading case: Florida Carry, Inc. v. Univ. of North Florida, 133 So. 3d 966 (Fla. 1st DCA 2013).
Florida Carry, Inc. v. Univ. of North Florida, 133 So. 3d 966 (Fla. 1st DCA 2013). “Does the University of North Florida qualify as a “local or state government” such that its policies and regulations could be preempted by section 790.33, Florida Statutes? 3. Does the provision of the student handbook at issue in this case qualify as an “ordinance,” “rule,” or…”
Florida Carry, Inc. & The Second etc. v. City of Tallahassee, Florida, etc., 212 So. 3d 452 (Fla. 1st DCA 2017). “Section 790.33, Florida Statutes (2013), the pertinent provision for purposes of this appeal, is entitled “Field of regulation of firearms and ammunition preempted” and provides: (1) PREEMPTION.”
Dougan v. Bradshaw, 198 So. 3d 878 (Fla. 4th DCA 2016). “” - We hold that Appellant sufficiently alleged a cause of action under section 790.33, Florida Statutes (2014), and, therefore, reverse and remand for further proceedings.”
Florida Carry, Inc. v. Univ. of Florida, 180 So. 3d 137 (Fla. 1st DCA 2015). “§ 790.33, Fla. Stat. (2013) (emphasis added).”
Wisconsin Carry, Inc. v. City of Madison, 2017 WI 19 (Wis. 2017). “Fla. Stat. Ann. § 790.33 (1) (West 2007 & Supp.”
City of Chicago v. Beretta U.S.A. Corp., 821 N.E.2d 1099 (Ill. 2004). “A Florida statute expressly reserves the field of regulation of firearms and ammunition to the state legislature ( Fla. Stat. § 790.33 (1999)). In Illinois, cities and counties are free to impose gun regulations within certain limits (see 720 ILCS 5/47-5 (West 2002)).”
Nat'l Rifle Ass'n of Am., Inc. v. City of South Miami, 812 So. 2d 504 (Fla. 3d DCA 2002). “The declaration the *505 appellants are seeking includes a determination that the City's ordinance is ultra vires because the legislature expressly preempted the entire field of firearm and ammunition regulation by enactment of section 790.33, Florida Statutes (2000). This…”
Penelas v. Arms Tech., Inc., 778 So. 2d 1042 (Fla. 3d DCA 2001). “Clearly this round-about attempt is being made because of the County's frustration at its inability to directly regulate firearms, an exercise proscribed by section 790.33, Florida Statutes (1999) which expressly preempts to the state legislature the entire field of firearm and…”
Leda Foreman v. City of Port St. Lucie, 294 F. App'x 554 (11th Cir. 2008). “Foreman argues Fla. Stat. § 790.33 preempts the Ordinance banning the discharge of an air gun in the city limits of Port St.”
Christopher Pretzer v. Rick Swearingen, individually & in his Off. capacity, & Florida Dep't of Law Enf't (Fla. 1st DCA 2024). “See § 790.33, Fla. Stat. (prohibiting the enactment of new ordinances or regulations “unless specifically authorized by this section or general law”); cf.”
Wollschlaeger v. Farmer, 880 F. Supp. 2d 1251 (S.D. Fla. 2012). “The State also argues that Plaintiffs do not have standing to challenge § 790.33 8(2)’s clause that a practitioner "shall respect a patient's right to privacy” and § 790.”
Marcus v. State Senate for the State, 115 So. 3d 448 (Fla. 1st DCA 2013). “Neither legislative body has been designated as the enforcing authority of section 790.33, the statute at issue. 1 See Atwater v.”
— 790.33(1) — 11 cases
Florida Carry, Inc. v. Univ. of North Florida, 133 So. 3d 966 (Fla. 1st DCA 2013). “Does the University of North Florida qualify as a “local or state government” such that its policies and regulations could be preempted by section 790.33, Florida Statutes? 3. Does the provision of the student handbook at issue in this case qualify as an “ordinance,” “rule,” or…”
Dougan v. Bradshaw, 198 So. 3d 878 (Fla. 4th DCA 2016). “” - We hold that Appellant sufficiently alleged a cause of action under section 790.33, Florida Statutes (2014), and, therefore, reverse and remand for further proceedings.”
Florida Carry, Inc. & The Second etc. v. City of Tallahassee, Florida, etc., 212 So. 3d 452 (Fla. 1st DCA 2017). “Section 790.33, Florida Statutes (2013), the pertinent provision for purposes of this appeal, is entitled “Field of regulation of firearms and ammunition preempted” and provides: (1) PREEMPTION.”
Florida Carry, Inc. v. Univ. of Florida, 180 So. 3d 137 (Fla. 1st DCA 2015). “§ 790.33, Fla. Stat. (2013) (emphasis added).”
Christopher Pretzer v. Rick Swearingen, individually & in his Off. capacity, & Florida Dep't of Law Enf't (Fla. 1st DCA 2024). “See § 790.33, Fla. Stat. (prohibiting the enactment of new ordinances or regulations “unless specifically authorized by this section or general law”); cf.”
— 790.33(2) — 2 cases
Jensen v. Pinellas Cnty., 198 So. 3d 754 (Fla. 2d DCA 2016).
Broward Cnty., Florida v. Florida Carry, Inc. (Fla. 4th DCA 2021).
— 790.33(2)(a) — 2 cases
Broward Cnty., Florida v. Florida Carry, Inc. (Fla. 4th DCA 2021).
Christopher Pretzer v. Rick Swearingen, individually & in his Off. capacity, & Florida Dep't of Law Enf't (Fla. 1st DCA 2024). “See § 790.33, Fla. Stat. (prohibiting the enactment of new ordinances or regulations “unless specifically authorized by this section or general law”); cf.”
— 790.33(2)(b) — 1 case
Florida Custom Guns, LLC D/B/A Affluent Arms & Florida Carry, Inc. v. City of Dania Beach, Florida, Robert Baldwin, & Tamara James (Fla. 4th DCA 2025).
— 790.33(3) — 5 cases
Florida Carry, Inc. & The Second etc. v. City of Tallahassee, Florida, etc., 212 So. 3d 452 (Fla. 1st DCA 2017). “Section 790.33, Florida Statutes (2013), the pertinent provision for purposes of this appeal, is entitled “Field of regulation of firearms and ammunition preempted” and provides: (1) PREEMPTION.”
Marcus v. State Senate for the State, 115 So. 3d 448 (Fla. 1st DCA 2013). “Neither legislative body has been designated as the enforcing authority of section 790.33, the statute at issue. 1 See Atwater v.”
Florida Carry, Inc., & Rebekah Hargrove v. John E. Thrasher, an individual, 248 So. 3d 253 (Fla. 1st DCA 2018).
Broward Cnty., Florida v. Florida Carry, Inc. (Fla. 4th DCA 2021).
Christopher Pretzer v. Rick Swearingen, individually & in his Off. capacity, & Florida Dep't of Law Enf't (Fla. 1st DCA 2024). “See § 790.33, Fla. Stat. (prohibiting the enactment of new ordinances or regulations “unless specifically authorized by this section or general law”); cf.”
— 790.33(3)(a) — 4 cases
Florida Carry, Inc. & The Second etc. v. City of Tallahassee, Florida, etc., 212 So. 3d 452 (Fla. 1st DCA 2017). “Section 790.33, Florida Statutes (2013), the pertinent provision for purposes of this appeal, is entitled “Field of regulation of firearms and ammunition preempted” and provides: (1) PREEMPTION.”
Christopher Pretzer v. Rick Swearingen, individually & in his Off. capacity, & Florida Dep't of Law Enf't (Fla. 1st DCA 2024). “See § 790.33, Fla. Stat. (prohibiting the enactment of new ordinances or regulations “unless specifically authorized by this section or general law”); cf.”
Broward Cnty., Florida v. Florida Carry, Inc. (Fla. 4th DCA 2021).
Florida Carry, Inc., & Rebekah Hargrove v. John E. Thrasher, an individual, 248 So. 3d 253 (Fla. 1st DCA 2018).
— 790.33(3)(b) — 2 cases
Florida Carry, Inc. & The Second etc. v. City of Tallahassee, Florida, etc., 212 So. 3d 452 (Fla. 1st DCA 2017). “Section 790.33, Florida Statutes (2013), the pertinent provision for purposes of this appeal, is entitled “Field of regulation of firearms and ammunition preempted” and provides: (1) PREEMPTION.”
Florida Custom Guns, LLC D/B/A Affluent Arms & Florida Carry, Inc. v. City of Dania Beach, Florida, Robert Baldwin, & Tamara James (Fla. 4th DCA 2025).
— 790.33(3)(c) — 6 cases
Florida Carry, Inc. v. Univ. of Florida, 180 So. 3d 137 (Fla. 1st DCA 2015). “§ 790.33, Fla. Stat. (2013) (emphasis added).”
Florida Carry, Inc. & The Second etc. v. City of Tallahassee, Florida, etc., 212 So. 3d 452 (Fla. 1st DCA 2017). “Section 790.33, Florida Statutes (2013), the pertinent provision for purposes of this appeal, is entitled “Field of regulation of firearms and ammunition preempted” and provides: (1) PREEMPTION.”
Christopher Pretzer v. Rick Swearingen, individually & in his Off. capacity, & Florida Dep't of Law Enf't (Fla. 1st DCA 2024). “See § 790.33, Fla. Stat. (prohibiting the enactment of new ordinances or regulations “unless specifically authorized by this section or general law”); cf.”
Florida Carry, Inc., & Rebekah Hargrove v. John E. Thrasher, an individual, 248 So. 3d 253 (Fla. 1st DCA 2018).
Broward Cnty., Florida v. Florida Carry, Inc. (Fla. 4th DCA 2021).
— 790.33(3)(e) — 1 case
Florida Carry, Inc. v. Univ. of Florida, 180 So. 3d 137 (Fla. 1st DCA 2015). “§ 790.33, Fla. Stat. (2013) (emphasis added).”
— 790.33(3)(f) — 9 cases
Dougan v. Bradshaw, 198 So. 3d 878 (Fla. 4th DCA 2016). “” - We hold that Appellant sufficiently alleged a cause of action under section 790.33, Florida Statutes (2014), and, therefore, reverse and remand for further proceedings.”
Florida Carry, Inc. & The Second etc. v. City of Tallahassee, Florida, etc., 212 So. 3d 452 (Fla. 1st DCA 2017). “Section 790.33, Florida Statutes (2013), the pertinent provision for purposes of this appeal, is entitled “Field of regulation of firearms and ammunition preempted” and provides: (1) PREEMPTION.”
Christopher Pretzer v. Rick Swearingen, individually & in his Off. capacity, & Florida Dep't of Law Enf't (Fla. 1st DCA 2024). “See § 790.33, Fla. Stat. (prohibiting the enactment of new ordinances or regulations “unless specifically authorized by this section or general law”); cf.”
Broward Cnty., Florida v. Florida Carry, Inc. (Fla. 4th DCA 2021).
Florida Carry, Inc., & Rebekah Hargrove v. John E. Thrasher, an individual, 248 So. 3d 253 (Fla. 1st DCA 2018).
— 790.33(4) — 1 case
Broward Cnty., Florida v. Florida Carry, Inc. (Fla. 4th DCA 2021).
— 790.33(4)(a) — 1 case
Florida Custom Guns, LLC D/B/A Affluent Arms & Florida Carry, Inc. v. City of Dania Beach, Florida, Robert Baldwin, & Tamara James (Fla. 4th DCA 2025).
— 790.33(4)(e) — 1 case
Florida Carry, Inc. v. Univ. of North Florida, 133 So. 3d 966 (Fla. 1st DCA 2013). “Does the University of North Florida qualify as a “local or state government” such that its policies and regulations could be preempted by section 790.33, Florida Statutes? 3. Does the provision of the student handbook at issue in this case qualify as an “ordinance,” “rule,” or…”
— 790.33(S)(f) — 1 case
Florida Carry, Inc. & The Second etc. v. City of Tallahassee, Florida, etc., 212 So. 3d 452 (Fla. 1st DCA 2017). “Section 790.33, Florida Statutes (2013), the pertinent provision for purposes of this appeal, is entitled “Field of regulation of firearms and ammunition preempted” and provides: (1) PREEMPTION.”
— 790.33(a) — 1 case
Florida Carry, Inc., & Rebekah Hargrove v. John E. Thrasher, an individual, 248 So. 3d 253 (Fla. 1st DCA 2018).
— 790.33(f)(3) — 1 case
Christopher Pretzer v. Rick Swearingen, individually & in his Off. capacity, & Florida Dep't of Law Enf't (Fla. 1st DCA 2024). “See § 790.33, Fla. Stat. (prohibiting the enactment of new ordinances or regulations “unless specifically authorized by this section or general law”); cf.”
— 790.33(l) — 1 case
Jensen v. Pinellas Cnty., 198 So. 3d 754 (Fla. 2d DCA 2016).
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