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Buddy DyerMayor of Orlando
27 Tem 2016
Dear Dylan,

Thank you for taking the time to reach out to me and to craft a petition and to engage so many people in the discussion regarding gun control laws. Many of the comments here relate to a desire to see local law(s) enacted that would prohibit certain types of firearms in the City of Orlando particularly following the tragedy at Pulse nightclub. I want to respond by providing information that may be helpful.

In Florida, local governments are forbidden from regulating firearms. In technical terms, the Florida Legislature has “preempted” cities and counties from adopting laws or policies relating to guns. The preemption is found at section 790.33, Florida Statutes, and provides that the Legislature is “occupying the whole field of regulation of firearms…including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation of [firearms].”

The only exception to this blanket prohibition is found in the Florida Constitution. Article VIII, section 5(b), Florida Constitution, allows counties to require a criminal background check and a 3 to 5-day waiting period for firearm purchases when the sale of the firearm “is conducted on property to which the public has the right to access.” This provision stems from a 1998 amendment to the Florida Constitution and was intended to close the so-called “gun show loophole” when such shows are held on public property such as a convention center. The statutory preemption also applies to the regulation of ammunition and “components” of firearms and ammunition.

Therefore, you may want to contact members of Florida's state legislature (members of the Florida House of Representatives and Senate) to express your views regarding gun control legislation and/or local preemption laws. You may also want to be in touch with your Congressional delegation in the U.S. House of Representatives and Senate to express your views. I hope this has been helpful and I hope you will continue to be engaged in our country's political and legislative process.
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