THE BILL ITSELF
SB 954
Preemption of Firearms and Ammunition
Florida Senate - 2026 SB 954 By Senator Polsky 30-00106-26 2026954__
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A bill to be entitled
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An act relating to the preemption of firearms and
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ammunition; repealing s. 790.33, F.S., relating to the
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preemption of the field of regulation of firearms and
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ammunition to the Legislature, to the exclusion of
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local jurisdictions; amending s. 790.251, F.S.;
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conforming a provision to changes made by the act;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 790.33, Florida Statutes, is repealed.
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Section 2. Subsection (4) of section 790.251, Florida
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Statutes, is amended to read:
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790.251 Protection of the right to keep and bear arms in
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motor vehicles for self-defense and other lawful purposes;
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prohibited acts; duty of public and private employers; immunity
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from liability; enforcement.—
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(4) PROHIBITED ACTS.—No public or private employer may
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violate the constitutional rights of any customer, employee, or
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invitee as provided in paragraphs (a)-(e):
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(a) No public or private employer may prohibit any
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customer, employee, or invitee from possessing any legally owned
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firearm when such firearm is lawfully possessed and locked
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inside or locked to a private motor vehicle in a parking lot and
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when the customer, employee, or invitee is lawfully in such
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area.
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(b) No public or private employer may violate the privacy
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rights of a customer, employee, or invitee by verbal or written
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inquiry regarding the presence of a firearm inside or locked to
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a private motor vehicle in a parking lot or by an actual search
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of a private motor vehicle in a parking lot to ascertain the
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presence of a firearm within the vehicle. Further, no public or
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private employer may take any action against a customer,
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employee, or invitee based upon verbal or written statements of
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any party concerning possession of a firearm stored inside a
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private motor vehicle in a parking lot for lawful purposes. A
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search of a private motor vehicle in the parking lot of a public
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or private employer to ascertain the presence of a firearm
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within the vehicle may only be conducted by on-duty law
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enforcement personnel, based upon due process and must comply
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with constitutional protections.
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(c) No public or private employer shall condition
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employment upon either:
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1. The fact that an employee or prospective employee is
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authorized to carry a concealed weapon or concealed firearm
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under s. 790.01(1); or
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2. Any agreement by an employee or a prospective employee
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that prohibits an employee from keeping a legal firearm locked
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inside or locked to a private motor vehicle in a parking lot
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when such firearm is kept for lawful purposes.
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(d) No public or private employer shall prohibit or attempt
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to prevent any customer, employee, or invitee from entering the
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parking lot of the employer’s place of business because the
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customer’s, employee’s, or invitee’s private motor vehicle
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contains a legal firearm being carried for lawful purposes, that
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is out of sight within the customer’s, employee’s, or invitee’s
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private motor vehicle.
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(e) No public or private employer may terminate the
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employment of or otherwise discriminate against an employee, or
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expel a customer or invitee for exercising his or her
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constitutional right to keep and bear arms or for exercising the
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right of self-defense as long as a firearm is never exhibited on
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company property for any reason other than lawful defensive
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purposes.
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This subsection applies to all public sector employers ,
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including those already prohibited from regulating firearms
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under s. 790.33 .
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Section 3. This act shall take effect July 1, 2026.