Florida Supreme Court Backs 2018 Law Banning Local Gun Regulations

In a ruling that reshapes how cities and counties in Florida can regulate firearms, the state Supreme Court upheld a 2018 law that punishes local governments for passing gun rules stricter than existing state legislation. The decision, issued on Thursday, marks a win for gun rights advocates and confirms the state’s authority over firearms policy, effectively blocking municipalities from taking independent action on gun control.

The 5-1 opinion, written by Chief Justice Carlos Muñiz, backed the scope of the law’s penalties, which include fines and potential removal from office for local officials who push forward regulations that go beyond state laws. The ruling does not strike down a 1987 statute that already preempted local gun rules but affirms the 2018 enforcement measures designed to give the law teeth.

Muñiz wrote that the sanctions advance the Legislature’s power and are consistent with the Florida Constitution. He emphasized that local officials who knowingly violate the law by enforcing gun restrictions not allowed at the state level can be held personally accountable.

The only dissenter, Justice Jorge Labarga, argued that the penalties overreach and risk punishing public servants for actions taken in good faith. He underscored concerns about chilling legitimate democratic debate, suggesting that the threat of removal or fines could deter elected leaders from pursuing gun safety measures supported by their communities.

Thursday’s ruling stems from legal challenges filed by more than 30 cities, counties, and local officials shortly after the 2018 law’s passage. Local governments, including Miami Beach and Weston, argued the punitive provisions infringed on their home rule authority and could expose officials to personal liability for doing their jobs. Lower courts had sided with the local governments, but the state appealed.

The timing of the Supreme Court’s opinion is notable. With mass shootings regularly in national headlines and some cities eager to implement measures like assault weapon bans or waiting periods, Thursday’s ruling reinforces the state’s hold on gun legislation. In Florida, any attempt by local governments to pass stricter gun measures remains off the table unless the Legislature acts.

Under the 2018 law, mayors, commissioners, or city managers who pass or enforce gun ordinances that conflict with state law could face fines of up to $5,000 and be held liable for damages up to $100,000. The law also allows the governor to remove violators from office.

Then-Gov. Rick Scott signed the measure shortly after the 2018 Parkland school shooting, even as the state enacted modest gun reforms in its aftermath. Supporters of the law, including the National Rifle Association, argued that a patchwork of local ordinances would create confusion and infringe on the rights of lawful gun owners.

Moving forward, cities and counties in Florida must continue to follow state law when it comes to firearms and will risk legal and financial consequences if they step outside those boundaries. For residents pushing for more stringent gun control at the local level, the battle remains a political one in Tallahassee, not at city hall.