Potential Impact of House Bill 651 on Florida’s Firearm Preemption Law

The legislative landscape surrounding firearm regulations in Florida is set for a potential shift with the introduction of House Bill 651. If enacted, this bill could significantly affect the state’s stringent firearm preemption laws.

Overview of House Bill 651

On March 18, 2025, the Housing, Agriculture & Tourism Subcommittee convened to discuss HB 651, which has sparked considerable debate among gun rights advocates, specifically regarding its potential to dilute the protections afforded by Florida’s preemption statute, Sec. 790.33. This law is designed to ensure uniformity in firearm regulations across the state, preventing local governments from enacting their own measures that could conflict with state laws.

Key Provisions of the Bill

HB 651 proposes amendments to the enforcement mechanisms of preemption laws, particularly in regard to civil fines and attorney fees related to local infringements. Under the proposed legislation:

• Entities must receive notice of any local ordinance at least 30 days prior to the filing of a lawsuit.
• Failure to amend the ordinance or regulation within that 30-day timeframe could lead to penalties.

This grace period aims to allow local governments an opportunity to correct their regulations before incurring fines.

Florida’s Established Firearm Preemption Laws

Florida’s firearm preemption laws have been robust since their inception in 1987, which stripped local governments of power concerning the regulation of firearms and ammunition. Enhancements in 2011 introduced significant penalties for violations of this statute, including the potential for individual officials to be fined up to $5,000, and local governments facing damages that can reach $100,000, alongside uncapped attorney fees.

Historical Context and Legal Challenges

Opposition to the preemption laws has come from various political actors, including former Commissioner of Agriculture Nikki Fried, who led a coalition in 2021 aiming to challenge the constitutionality of the associated penalties. Their petition to the Florida Supreme Court sought to prevent penalties for violations of the preemption statute, arguing that such penalties were unconstitutional.

The First District Court of Appeals upheld the legality of these penalties in the case Florida v. City of Weston, confirming that the established penalties are enforceable against both government entities and individual officials. Subsequently, the Florida Supreme Court also weighed in, affirming the appellate court’s ruling, which effectively paneled the arguments made by Fried’s coalition.

The Stakes of HB 651

The potential passage of HB 651 raises concerns for gun rights advocates about the long-term implications for Florida’s preemption law. With modifications aimed at softening penalties, critics fear it may incentivize local governments to pursue their own gun control ordinances, thereby undermining the state’s authority over firearm regulation.

Advocacy and Response

Florida Carry, a prominent pro-gun organization, is vocal in its opposition to HB 651, urging gun owners to remain vigilant. There is concern that if the bill is passed, it could lead to a proliferation of local regulations that could create a fragmented legal environment for gun ownership across Florida, ultimately threatening the robustness of existing preemption laws.

Conclusion

The discussions surrounding HB 651 underscore the ongoing challenges and debates over gun rights in Florida. As the legislative process unfolds, stakeholders on both sides of the issue are closely monitoring developments. For Florida gun owners, the implications of this bill could be significant, and advocacy groups are mobilizing their efforts to resist potential rollbacks of their rights.

For more insights and updates, follow discussions surrounding this important legislative issue.

About the Author: José Niño is a freelance writer based in Austin, Texas. You can contact him through social media platforms or subscribe to his newsletter, “José Niño Unfiltered” on Substack.