florida state of emergency and firearm handling?
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ScottyT
Member
I really hope that is not the case -- and if it is, you guys in Florida have some serious civil rights lobbying to do!
I have never heard that, and a quick scan of FL St. 790 doesn't show anything. Where did you get this understanding?
http://flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/titl0790.htm
http://flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/titl0790.htm
I saw it under the laws regarding "state of emergency" it says no one other than law enforcement is allowed to have a firearm in a public place during a state of emergency. Unfortunately I do not remember where i found it. I will post a link when I find it again. Thanks
The 2008 Florida Statutes
Title XLVI
CRIMES
Chapter 870
AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES
View Entire Chapter
870.044 Automatic emergency measures.--Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, the following acts shall be prohibited during the period of said emergency throughout the jurisdiction:
(1) The sale of, or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size or description.
(2) The intentional display, after the emergency is declared, by or in any store or shop of any ammunition or gun or other firearm of any size or description.
(3) The intentional possession in a public place of a firearm by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of her or his duty.
Nothing contained in this chapter shall be construed to authorize the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in a criminal act
Title XLVI
CRIMES
Chapter 870
AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES
View Entire Chapter
870.044 Automatic emergency measures.--Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, the following acts shall be prohibited during the period of said emergency throughout the jurisdiction:
(1) The sale of, or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size or description.
(2) The intentional display, after the emergency is declared, by or in any store or shop of any ammunition or gun or other firearm of any size or description.
(3) The intentional possession in a public place of a firearm by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of her or his duty.
Nothing contained in this chapter shall be construed to authorize the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in a criminal act
TexasRifleman
Moderator Emeritus
In Florida Statute Chap 252.36, where Emergency Powers are enumerated, the word "firearm" only appears once.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0252/Sec36.HTM
The thing you just quoted says it applies when 870.043 is invoked.
But, 870.043 says
So a State of Emergency for a Hurricane does not invoke 870.043. Now, if a city starts to see severe looting you might see it invoked but it does NOT happen just because the Gov declares a State of Emergency. 870.043 is clearly a city by city or county by county law, not the entire state.
So, the original question:
looks to be false.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0252/Sec36.HTM
The thing you just quoted says it applies when 870.043 is invoked.
But, 870.043 says
So a State of Emergency for a Hurricane does not invoke 870.043. Now, if a city starts to see severe looting you might see it invoked but it does NOT happen just because the Gov declares a State of Emergency. 870.043 is clearly a city by city or county by county law, not the entire state.
So, the original question:
looks to be false.
Last edited:
CountGlockula
Member
Didn't they passed that ordinance during Katrina? ...and look what happened.
XDKingslayer
member
Boatguy, you bolded the incorrect part. This was your post.
But this paragraph:
is the most important one. That means you can have a gun as long as it is legally possesed. Which means they can't take your gun from you and you can have them during a state of emergency unless you are breaking the law.
Florida's laws are very simple, but most of you only read one small portion and make your judgements. Usually the paragraph prior or after are the most important ones.
But this paragraph:
is the most important one. That means you can have a gun as long as it is legally possesed. Which means they can't take your gun from you and you can have them during a state of emergency unless you are breaking the law.
Florida's laws are very simple, but most of you only read one small portion and make your judgements. Usually the paragraph prior or after are the most important ones.
HOME DEPOT GEORGE
Member
I remember when andrew hit in 92 there were people in miami suburbs carrying shotguns and pistols, hell there were whole neighborhood groups like small militias patrolling to keep the scum from inner city miami from looting and the police didn't stop them at all. In fact I think they welcomed it.
SCKimberFan
Member
Count,
that was Ray Nagin and NOLA. He doesn't give a darn about rights and other things that get in his way.
that was Ray Nagin and NOLA. He doesn't give a darn about rights and other things that get in his way.
Ergosphere
Member
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XDKingslayer, I would read it as follows:
870.044 makes possession of a firearm illegal (within those circumstances). As for the other quoted part:
Looks like Florida has some civil-rights work to do yet...
870.044 makes possession of a firearm illegal (within those circumstances). As for the other quoted part:
No, it doesn't; this only addresses confiscation. it does not permit one to carry firearms for lawful purposes.
Looks like Florida has some civil-rights work to do yet...
divemedic
Member
Read the referenced law:
870.044 Automatic emergency measures.--Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, the following acts shall be prohibited during the period of said emergency throughout the jurisdiction:
Then go to 870.043 and read the law:
870.043 Declaration of emergency.--Whenever the sheriff or designated city official determines that there has been an act of violence or a flagrant and substantial defiance of, or resistance to, a lawful exercise of public authority and that, on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or to property, all of which constitute an imminent threat to public peace or order and to the general welfare of the jurisdiction affected or a part or parts thereof, he or she may declare that a state of emergency exists within that jurisdiction or any part or parts thereof.
Totally not the kind of emergency we have here.
870.044 Automatic emergency measures.--Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, the following acts shall be prohibited during the period of said emergency throughout the jurisdiction:
Then go to 870.043 and read the law:
870.043 Declaration of emergency.--Whenever the sheriff or designated city official determines that there has been an act of violence or a flagrant and substantial defiance of, or resistance to, a lawful exercise of public authority and that, on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or to property, all of which constitute an imminent threat to public peace or order and to the general welfare of the jurisdiction affected or a part or parts thereof, he or she may declare that a state of emergency exists within that jurisdiction or any part or parts thereof.
Totally not the kind of emergency we have here.
Ergosphere
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Divemedic -- I understand that this is limited to only certain emergencies; however, one could argue that those certain emergencies are precisely the occasions where the RKBA is most important...
ConstitutionCowboy
member
Look at your rights and freedoms as what would be required to survive and be free as if there were no government. Governments come and go, but your rights live on. If you wish to survive government, you must protect with jealous resolve all the powers that come with your rights - especially with the Right to Keep and Bear Arms. Without the power of those arms, you will perish with that government - or at its hand. B.E. Wood
arcticbreeze
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I found this posted elsewhere
"Declared Emergency in Florida
I've had some emails asking me to clarify page 134 of the book on "declared emergencies". The confusion is what's the difference between a proclamation by the Governor vs. a "declared emergency". Here's the answer:
The power of the Governor to act in emergencies is pursuant to Florida Statutes 14.021 and 252.36. In these situations the Governor issues a "proclamation" as to what the emergency is, and what measures he’s authorized to deal with it. Each proclamation is individual in its scope, and must be read to determine what is prohibited or restricted. Whereas, a "declared emergency" by local authorities is very different, and falls under Florida Statute 870.044. That statute says you can’t have a firearm in a public place during the emergency – no matter what. It’s not dependent on any "proclamation".
So -- next time a hurricane is about to strike -- you'll have to read the proclamation to find out what is or is not prohibited. I know that may cause some problems of practicality -- but that's the way it is.
Hope that helps"
"About Me
Jon H. Gutmacher
Jon H. Gutmacher is a criminal trial attorney with over thirty years of criminal trial experience who actively practices criminal law in the Orlando, Florida, area. He is a former felony prosecutor, and police legal advisor who has been featured on national radio and television shows including Nightline. He is also an NRA certified firearms instructor, and his book, "Florida Firearms - Law, Use & Ownership" is hailed by many as the bible on Florida and Federal firearms, weapons, and self defense laws. He also writes a monthly legal column for the Sportman's Gazette. His website is located on the web at www.FloridaFirearmsLaw.com"
It sounds to me like a declared emergency by the governor for a hurricane dosn't preclude your right to carry a cw if you have a permit and would otherwise be legal.
"Declared Emergency in Florida
I've had some emails asking me to clarify page 134 of the book on "declared emergencies". The confusion is what's the difference between a proclamation by the Governor vs. a "declared emergency". Here's the answer:
The power of the Governor to act in emergencies is pursuant to Florida Statutes 14.021 and 252.36. In these situations the Governor issues a "proclamation" as to what the emergency is, and what measures he’s authorized to deal with it. Each proclamation is individual in its scope, and must be read to determine what is prohibited or restricted. Whereas, a "declared emergency" by local authorities is very different, and falls under Florida Statute 870.044. That statute says you can’t have a firearm in a public place during the emergency – no matter what. It’s not dependent on any "proclamation".
So -- next time a hurricane is about to strike -- you'll have to read the proclamation to find out what is or is not prohibited. I know that may cause some problems of practicality -- but that's the way it is.
Hope that helps"
"About Me
Jon H. Gutmacher
Jon H. Gutmacher is a criminal trial attorney with over thirty years of criminal trial experience who actively practices criminal law in the Orlando, Florida, area. He is a former felony prosecutor, and police legal advisor who has been featured on national radio and television shows including Nightline. He is also an NRA certified firearms instructor, and his book, "Florida Firearms - Law, Use & Ownership" is hailed by many as the bible on Florida and Federal firearms, weapons, and self defense laws. He also writes a monthly legal column for the Sportman's Gazette. His website is located on the web at www.FloridaFirearmsLaw.com"
It sounds to me like a declared emergency by the governor for a hurricane dosn't preclude your right to carry a cw if you have a permit and would otherwise be legal.
It looks like one of those locally declared emergencies which makes paragraph (3) a violation means that the following part,
"Nothing contained in this chapter shall be construed to authorize the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in a criminal act"
is useless because having a gun in a public place is a "violation" (if a "violation" is a criminal act.) It looks like you can have a gun in a non-public place (your privates?) but not in public if the authorities choose to read it that way.
"Nothing contained in this chapter shall be construed to authorize the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in a criminal act"
is useless because having a gun in a public place is a "violation" (if a "violation" is a criminal act.) It looks like you can have a gun in a non-public place (your privates?) but not in public if the authorities choose to read it that way.
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