Gun owners may now bring their weapons to parades, rallies and demonstrations in Miami Beach.
BY DANIEL DUCASSI
Miami Beach commissioners repealed the city’s laws restricting the sale, discharge and possession of firearms on Wednesday to comply with a state law that took effect in October.
The Florida Legislature decided that it has the sole power to regulate firearms in Florida to the exclusion of any city or county in 1987, but the law did not include any penalties. In 2011, the legislature passed a law that gives the governor the power to remove elected officials who enact or enforce local firearm regulations. The law also provides for a $5,000 fine and gives gun owners and gun rights groups the right to sue for damages if they believe their rights have been violated.Owners may now bring their guns to government buildings — but not during a City Commission meeting. And guns remain illegal in schools.
The move to strike these sections of the city code came in response to a letter sent by attorney Robert Fast on behalf of the gun-rights group Florida Carry, threatening to sue the city if sections of the rules were not repealed.
Richard Nascak of Florida Carry said he “believes the city of Miami Beach did the right thing.”
Most South Florida cities already have repealed laws regulating guns, though the city of Miami Gardens chose to comply with state law simply by not enforcing its gun regulations, but keeping the laws on the books as an expression of the city’s values.
The information in this article is incorrect. Florida has had a preemption of local gun laws since 1987. The only thing that recently changed was that FINALLY, fines started being associated with violating that Florida law (statute 790.33). Many cities in Florida have knowingly violated Florida law for a long time.
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