Does Florida's Preemption Law trump city ordnances?

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Yoda

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It seems to me that Florida's state-wide preemption law would deny cities the ability to prohibit the carry of concealed firearms in parks and on playgrounds, but I see signs posted across the state where the cities and localities try to do just that.

Does anyone know of any case law on this?

- - - Yoda
 
790.33 Field of regulation of firearms and ammunition preempted.--

(1) PREEMPTION.--Except as expressly provided by 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, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which 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.

(2) LIMITED EXCEPTION; COUNTY WAITING-PERIOD ORDINANCES.--

(a) Any county may have the option to adopt a waiting-period ordinance requiring a waiting period of up to, but not to exceed, 3 working days between the purchase and delivery of a handgun. For purposes of this subsection, "purchase" means payment of deposit, payment in full, or notification of intent to purchase. Adoption of a waiting-period ordinance, by any county, shall require a majority vote of the county commission on votes on waiting-period ordinances. This exception is limited solely to individual counties and is limited to the provisions and restrictions contained in this subsection.

(b) Ordinances authorized by this subsection shall apply to all sales of handguns to individuals by a retail establishment except those sales to individuals exempted in this subsection. For purposes of this subsection, "retail establishment" means a gun shop, sporting goods store, pawn shop, hardware store, department store, discount store, bait or tackle shop, or any other store or shop that offers handguns for walk-in retail sale but does not include gun collectors shows or exhibits, or gun shows.

(c) Ordinances authorized by this subsection shall not require any reporting or notification to any source outside the retail establishment, but records of handgun sales must be available for inspection, during normal business hours, by any law enforcement agency as defined in s. 934.02.

(d) The following shall be exempt from any waiting period:

1. Individuals who are licensed to carry concealed firearms under the provisions of s. 790.06 or who are licensed to carry concealed firearms under any other provision of state law and who show a valid license;

2. Individuals who already lawfully own another firearm and who show a sales receipt for another firearm; who are known to own another firearm through a prior purchase from the retail establishment; or who have another firearm for trade-in;

3. A law enforcement or correctional officer as defined in s. 943.10;

4. A law enforcement agency as defined in s. 934.02;

5. Sales or transactions between dealers or between distributors or between dealers and distributors who have current federal firearms licenses; or

6. Any individual who has been threatened or whose family has been threatened with death or bodily injury, provided the individual may lawfully possess a firearm and provided such threat has been duly reported to local law enforcement.

(3) 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) As created by chapter 87-23, Laws of Florida, this section shall be known and may be cited as the "Joe Carlucci Uniform Firearms Act."

History.--ss. 1, 2, 3, 4, ch. 87-23; s. 5, ch. 88-183.
 
Yes, I know...

I've read the law, and I know what pre-emption means. However, there's always the chance that some judge will make stuff up on his own, thinking that "They couldn't have meant THAT when they wrote the law, even though that's what they said," or "I think I know what's good for the people."

So, does anyone know of any CASE LAW?

- - - Yoda
 
Yes, I know...

I've read the law, and I know what pre-emption means. However, there's always the chance that some judge will make stuff up on his own, thinking that "They couldn't have meant THAT when they wrote the law, even though that's what they said," or "I think I know what's good for the people."

So, does anyone know of any CASE LAW?

- - - Yoda
 
National Rifle Ass'n of America, Inc. v. City of South Miami, 812 So.2d 504, Fla.App. 3 Dist. (2002)
State preemption upheld by appellate court.

That's the only one I can find quickly. To answer your comment that "there's always the chance that some judge will make stuff up on his own," well, we discussed just such a case yesterday, from the New York Court of Appeals (highest court in NY), in which four judges decided to redefine not just the law, but their own powers (considered a question of fact instead of confining themselves to questions of law); the dissent objected to this, but were still the dissent. If a court decides to get stupid, there's not much you can do but appeal; if it's the highest court, or a higher court won't hear your appeal, you're just stuck.
 
This is an ongoing topic on many state-specific firearms forums for Florida.

I, among other citizens, are making efforts to get rid of these illegal signs. Some others have been successful in other counties.

Outside of case law, you will find that many other cases cite the Miami case as a specific reason why a case didn't proceed any further.

Likewise, State Attorney Charlie Crist in 2005 also published an Advisory Legal Opinion "upholding" and agreeing with the limitations that 790.33 set forth (see here).

Brevard County Attorney General Scott also (today) sent me the same decision in response to correspondence I'd sent asking the same question you ask. You can see more about my ongoing issue with this here

Also, outside of just the South Miami case, there is also: Rinzler v. Carson 262 So. 2d 661 (Fla 1972):
Municipal ordinances are inferior in stature and subordinate to the laws
of the state. Accordingly, an ordinance must not conflict with any controlling provision of a state
statute, and if any doubt exists as to the extent of a power attempted to be exercised which may
affect the operation of a state statute, the doubt is to be resolved against the ordinance and in
favor of the statute.
 
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I am from pa with a ccw permit. It is my understanding that i can mall carry but what about going to the movies while in the mall?
 
The Florida city in which I live announced early last year (or late in 2008; can't recall exactly when) that it was dropping enforcement of its ordinances prohibiting discharging of a firearm within city limits. This decision was due entirely on that preemption by state statute. It does not mean, however, that we can blaze away in public with reckless abandon (or even with due caution), as other ordinances addressing breaching the peace could be invoked.
It should also be noted that the city's ordinance prohibiting the discharge of air-powered guns still stands, as these are not "firearms", and therefore not included in the state firearms law section.
 
Thanks to all

Apologies to those who had to post twice before I saw the cite regarding the South Miami case. That's what i was looking for. I guess I missed it the first time it was posted with all the people telling me what "pre-emption" meant.

Again, thanks to all.

- - - Yoda
 
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