Many states have preemption laws. What few states have are preemption laws with teeth.

Because of that, some cities keep trying to push things by enacting restrictions, knowing full well that it'll take time before the courts toss out the regulations, and beyond that, there are no consequences to speak of.

In Florida, though, their preemption law actually has some teeth. In fact, officials in Okeechobee who tried to ban guns in what they claim was a mistake may well find out just how much bite they have.

The five-member Okeechobee, Florida city council and Police Chief Donald Hagan may each be forced to pay $5,000 personally — without using taxpayer dollars — for violating Florida’s powerful preemption statute, which only allows the state legislature to regulate firearms.

As previously reported, the city adopted an illegal ordinance shortly before Hurricane Helene made landfall, which banned the sale of guns and ammunition and prohibited firearm possession in public by anyone other than law enforcement or members of the military.  

After learning of the civil rights violation, Florida Carry, Inc. sent a demand letter titled Written Notice of Preemption Violation and Offer of Settlement, to the city council and Chief Hagan, warning the recipients they have violated Florida’s preemption statute.

The letter, which was written by Florida Carry, Inc. General Counsel Eric J. Friday, spelled out that the pro-gun group has sufficient standing to bring a lawsuit if the ordinance is not repealed within 30 days, and demanded the payment of $30,000 in damages and attorneys’ fees to “resolve this matter prior to initiation of litigation.”

Okeechobee City Attorney John J. Fumero claimed that the whole thing was a mistake because they used an outdated form and that there was no legal or factual reason why they should have to pay anything.

And, to be fair, the the ordinance was never enforced, which lends some credence to the idea that yes, this was a mistake.

However, that's also largely irrelevant. As Friday noted, there's nothing in the law that requires enforcement of a preemption-violating ordinance in order to elicit the fine.

Honestly, the easiest thing in the world for Okeechobee officials to do is to repeal the ordinance. That handles that and then they can pass whatever correct ordinance they might need going forward, if any.

While I'm inclined to believe them that this is a mistake, it's important to understand that Florida Carry can't just pretend this didn't happen. Their members demand more of that from them, especially since Okeechobee getting away with this would just prompt someone else to try their luck. They could just claim it was a mistake if they caught any flak for it.

You need to use the teeth in the law or else they might as well not exist.

Okeechobee officials might not have meant to break the law, but that doesn't give them a pass. I doubt they'd be so forgiving of someone who didn't realize what the speed limit in their community was. Ignorance of the law is no excuse. Neither is not reading what you're actually trying to foist onto the people of your community.