The LFN Legislative Spotlight: HB 733, 2nd Amendment Preservation


HB 733 (click to read the bill’s text), about 3 pages in PDF format) is sponsored by Rep. Dane Eagle with co-sponsors of Reps. Mayfield, O’Toole, and Smith. The Tenth Amendment Center has an information page on the issue, so if you are not familiar with this issue, please go there to read about it.

We support this bill as it currently exists.

ACTION NEEDED: This bill has no Senate companion, and must have one to move forward. It has been filed as of yesterday and as yet has not been referred to any committees- something else that must take place for movement. We suggest you find your Senator and ask them to sponsor a companion bill, and also ask your representative to co-sponsor the House bill. We’d also suggest contacting Senate President Gaetz and Governor Scott and asking them to support the bill.

As is our goal in doing this type of post, we will later look at the bill from the perspective of liberty, and seek to address some questions:

1. Is it Constitutional?
2. Can we afford it?
3. Is it a proper role of government?
4. Will it do what it seeks to do- i.e. solve a problem?


HB 733 is titled “Federal Regulation of Firearms” and there is currently no companion bill in the Senate. What it does is create a new law that does not affect the right to keep and bear arms pursuant to the Florida Constitution and as defined by state law.

It creates a legislative finding that the enforcement of firearms and ammunition regulations remains a power reserved to the State of Florida and the people therein.

Section 790.339, Florida Statutes, is created and in summary, it bars any state assistance to include material support or the use of state funds in the enforcement of federal laws relating to a personal firearm or firearm accessory within the state. The people named in the statute are comprehensive, to include corporations providing services to or on behalf of the state. The law applies to any federal act, law, order, rule, or regulation whether past, present, or future if it is based on the design, features, or characteristics of the firearm or accessory.

It has unique language that any employee or agent of the state violating the law shall be deemed to have resigned their commission and their position or office shall be declared vacant.

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We support what this bill does.

The concept of this bill is a key one for personal liberty and state sovereignty. Federal overreach via state assistance has grown not only in the circumstances of firearm ownership, but also in things such as the national ID card. Any action to reverse this overreach is vital.
Now for the scoring:

1. Is it Constitutional?
Yes. The Second and Tenth Amendments are very clear. The right to keep and bear arms shall not be infringed, and any power not reserved to the federal government nor prohibited by the Constitution to the state shall be reserved to the state, or to the people.

2. Can we afford it?
Yes. There is no outright spending needed for this bill, as no new agencies or programs are created. It would likely reduce law enforcement staffing needs where these state and local employees have assisted in the enforcement of federal firearm laws in the past.

3. Is it a proper role of government?
Yes. This law is a correction to excesses by the federal government, which is a vital function of a state legislature. Individuals have been and continue to be negatively affected by federal overreach and most cannot afford to file suits for relief.

4. Will it do what it seeks to do- i.e. solve a problem?
Yes. The intent of the bill is very clear, that of keeping Florida out of enforcing or assisting in the enforcing of federal firearm laws. These laws have no benefit to the state and can require excess use of state resources.

There is currently no Senate companion bill, so until such time as there is one, this bill will not be going anywhere. We support the enacting of this bill and encourage the Senate to take up a companion so the issue can be debated in both chambers.

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