Florida state law 790.33 articulates, in short, that only the Florida State Legislature can and will regulate statewide laws encompassing anything firearms and ammunition related. This law is in place to ensure the state of Florida in its entirety remains consistent with governing gun laws. This safeguards law-abiding citizens from being prosecuted for crossing a county or municipality line and accidentally violating a local firearm law. Add to that the fact that misinformation or accidental ignorance can become an issue, when these laws can become extraneous and too numerous for the well-intended citizen to keep track of.
While Florida state law renders all local firearms laws moot, unfortunately, some local laws are still alive in certain municipalities and have remained in place because of an effort to exert some level of local autonomy. These municipalities are aware that these ordinances are illegal in the big picture, but refuse to erase them from their books.
The Florida state legislature further regulates penalties on anyone who chooses to obstruct the state laws by imposing their illegal ordinances.
Tallahassee Mayor, Andrew Gillum, found himself named as a defendant in a lawsuit brought against him by Florida Carry and the Second Amendment Foundation with support of the NRA. The Mayor defends his position, and refuses to remove a law still on the books. This law states that no guns shall be fired in parks located within the city limits of Tallahassee.
The judge in this case recently ruled in favor of the Mayor and all city officials named, finding there has been no wrong-doing on their part. The ruling is currently under appeal, based upon the constitutionality of this law.
Gillum feels he is within his right, as an elected official to enforce and uphold laws that are in his constituent’s best interests. He feels the state oversight is in direct opposition to what he was elected to do.The flip side to that is that picking and choosing what to uphold is counter-intuitive, and one of the fundamental elements to this appeal.
What the Mayor is seemingly overlooking with State Law 790.33 is the bigger picture and how it affects all law-abiding gun owners and concealed carriers who reside within his governance and are some of the individuals who elected him into office.
With the appeal of the decision of the district court, it’s going to be up to Court of Appeals to consider the final outcome.
All law-abiding gun owners of Florida should pay close attention – the outcome of this case could have huge implications for them moving forward.