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Update on Section 790.33 and Florida’s Preemption Law

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For the past few weeks, several Florida officials have become increasingly frustrated with Florida gun laws. Our Miami gun law defense attorneys are here to update you.

Florida Statute 790.33

Under Section 790.33, Florida Statute, any local government official that tries to modify a state ruled gun ordinance faces severe punitive penalties, which firmly reinforces the current preemption law that allows only Florida’s State’s Legislature to enact firearm regulation laws.

The penalties under Section 790.33 include immediate removal from office with no hearing, lawsuits, and a fine of up to $5,000. It goes as far as forbidding the use of any public funds to defend the official.

Governor Rick Scott Takes Action

Six weeks after the Parkland High School shooting, Governor Rick Scott signed the Marjory Stoneman Douglas High School Public Safety Act, a bill that would ban rapid-firing bump stocks. These are gun attachments that transform semi-automatic firearms into automatic firearms.

The bill also includes:

  • Raising the age limit to 21 to purchase a gun
  • Lengthening the waiting period to three days after acquiring a gun 
  • Allowing teachers and other school employees to carry firearms


The Struggle for Power

Almost immediately after Governor Rick Scott signed the bill, the National Rifle Association filed a lawsuit against Gov. Rick Scott, claiming that it violates the Second and Fourteenth amendments of the US Constitution.

Florida counties are rallying behind Governor Rick Scott and countersuing the state to protest the severity of Section 790.33’s oppressive and ludicrous punishments against local government officials. Not only is the state being sued over the penalties, but also for the preemption law itself. Over 20 Florida counties in North and South Miami, Orlando, and Fort Lauderdale filed a lawsuit against the state, claiming that singular power over the regulation of firearms was unconstitutional.

With more Florida counties joining in on the lawsuits, the state will be forced to take a look at the laws. It will be interesting to see what the outcome will be.

If you have more questions for our Miami gun law attorneys, schedule a free consultation today.

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