Monday, August 3, 2009

Florida is a Preemption State

Florida is a Preemption state. This means that the Florida legislature decided, and the Governor agreed, that Florida has only one set of laws concerning where you can and cannot carry a concealed firearm. Therefore, it is up to the Legislature to decide where you cannot carry a firearm.

Like the United States of America, Florida is a sovereign state, and not a political subdivision of the Federal Government. Florida’s counties, cities, and special districts (mosquito control, fire control, school boards) are mere political subdivisions. Once the Florida Legislature enacted Section 790.33, Florida Statutes, it took full and complete control over all Florida firearms’ law (understanding federal laws also apply), and declares county, city and other ordinances null and void. Period!

Many counties such as Lee and Hillsborough have public beaches and parks with signs prohibiting firearms, but if you have a License to Carry a Concealed Weapon or Firearm, and you follow state and federal laws, carrying a concealed firearm on a public beach is legal.

Problem is, our County elected officials, and their County Attorney’s Offices may not understand, or want to acknowledge this. Another problem is law enforcement. Should a citizen need to use a firearm to legally defend herself on a beach or in a park, the law enforcement officer may arrest her because of the sign alone, or due to the ordinance that put it there. The law enforcement officer may not have read Section 790.33, Florida Statutes.

Remember, the statute says that “Any such existing ordinances are hereby declared null and void.” Read the statute, it’s pretty clear and to the point.

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