Can a Florida city or county regulate outdoor firearm ranges or recreational shooting in residential neighborhoods?

Subject

Recreational Discharge of Firearms

Plain-English summary

A Miami city commissioner asked the AG whether local governments could regulate outdoor firearm ranges in residential neighborhoods. A senior assistant attorney general answered for the office and declined to give a direct opinion. The reason: at the time the office was a party to litigation in the Second Judicial Circuit challenging the constitutionality of section 790.33, Florida Statutes, the state's firearms preemption statute. Under the office's standing policy, the AG does not opine on questions pending before the courts or on the constitutionality of an existing statute.

Rather than leave the commissioner with nothing, the letter enclosed several earlier Attorney General Opinions that had already addressed the underlying question. Those opinions concluded that local governments, both counties and municipalities, have no authority to regulate in the field of firearms, because the Legislature preempted "the whole field" of firearms regulation. The 2011 amendment in Chapter 2011-109, Laws of Florida, strengthened that preemption language. The letter described these as informal comments meant to help the commissioner advise constituents and work with legislators, not as a formal opinion.

Currency note

This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the AG say a city can regulate outdoor firearm ranges?
Not in this letter. The AG declined to opine because the office was then litigating the constitutionality of the firearms preemption statute. It referred the commissioner to prior opinions instead.

What did those earlier opinions conclude?
That local governments have no authority to regulate firearms, because section 790.33 preempts the entire field of firearms regulation to the state.

Why wouldn't the AG just answer the question?
Office policy bars opinions on matters pending before the courts or on the constitutionality of an existing statute, and the office was a party to a suit over section 790.33 at the time.

What is section 790.33?
Florida's firearms preemption statute. The Legislature declared that it occupies the whole field of firearms and ammunition regulation, leaving local governments without power to legislate in that area. The 2011 law in Chapter 2011-109 broadened that preemption.

Background and statutory framework

Section 790.33 is Florida's express preemption of firearms regulation. The statute states the Legislature occupies the whole field, and the 2011 amendment (Chapter 2011-109, Laws of Florida) added enforcement teeth, which is what made the provision the subject of the constitutional challenge the AG referenced. The office's policy of not opining on pending litigation or the constitutionality of a statute flows from a respect for the judicial branch's role.

The enclosed prior opinions (cited in the letter as Ops. Att'y Gen. Fla. 11-20, 11-17, and 05-40, among others) form the line of authority the office relied on. For the courts' treatment of firearms preemption, the footnotes pointed to National Rifle Ass'n of America, Inc. v. City of South Miami and Penelas v. Arms Technology, Inc., the latter holding that a county's attempt to use litigation against manufacturers and dealers was itself an impermissible attempt to regulate firearms through the judiciary.

Citations

• section 790.33, Florida Statutes
• Ch. 2011-109, Laws of Florida
• National Rifle Ass'n of America, Inc. v. City of South Miami, 812 So. 2d 504 (Fla. 3d DCA 2002)
• Penelas v. Arms Technology, Inc., 778 So. 2d 1042, 1045 (Fla. 3d DCA 2001)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/recreational-discharge-of-firearms
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8099

Original opinion text

The Honorable Wifredo Gort

Chairman and City Commissioner, District 1

City Hall

3500 Pan American Drive

Miami, Florida 33133

Dear Chairman Gort:

Thank you for your letter of February 14, 2014, requesting an Attorney General's Opinion considering the authority of local governments to regulate outdoor firearm ranges in residential neighborhoods. Attorney General Bondi has asked me to respond to your letter.

This office has recently received several requests for consideration of this issue and I am enclosing a copy of our correspondence with the Mayor of the City of Sunrise, the Honorable Michael J. Ryan. As that letter states, it would be inappropriate for this office to comment on these issues in light of our current involvement in litigation dealing with the constitutionality of provisions of section 790.33, Florida Statutes.[1]

I am also enclosing copies of several Attorney General Opinions which have considered whether local governments, both counties and municipalities, may regulate the recreational discharge of firearms in residential areas. As the letter to Mayor Ryan notes, based on the language of the statutes and the clearly expressed legislative intent for adoption of section 790.33, Florida Statutes, previously issued Attorney General Opinions have concluded that local governments have no authority to regulate in the area of firearms.[2]

I trust that these informal comments will be helpful to you in advising your constituents and in working with legislative leaders to address your concerns.

Sincerely,

Gerry Hammond

Senior Assistant Attorney General

GH/tsh

Enclosures: Ops. Att'y Gen. Fla. 2011-20, 2011-17, 2008-34, 2005-40;

            Inf. Op. to Gibson, dated August 6, 2008;  Inf. Op. to Ryan,

            dated February 25, 2014

[1] See Department of Legal Affairs Statement Concerning Attorney General Opinions, available by following the path: www.myfloridalegal.com / Legal Resources / AG Opinions / FAQs.

[2] See Ops. Att'y Gen. Fla. 11-20 (2011), 11-17 (2011), and 05-40 (2005). And see s. 1, Ch. 2011-109, Laws of Fla. (the language of preemption contained in s. 790.33[1], Fla. Stat., providing that the Legislature has determined to occupy 'the whole field' of firearms regulation is expansive). See also National Rifle Ass'n of America, Inc. v. City of South Miami, 812 So. 2d 504 (Fla. 3d DCA 2002). Cf. Penelas v. Arms Technology, Inc., 778 So. 2d 1042, 1045 (Fla. 3d DCA 2001), cert. denied, review denied, 799 So. 2d 218 (Fla. 2001) (county's request for injunctive relief against firearm manufacturers and dealers found to be an attempt to regulate firearms and ammunition through the judiciary denied; power to legislate in area of firearm regulation belongs to the legislative branch).