Florida State of Emergency Statutes

D

Dutchboy

New member
Am I to take this to mean that if a state of emergency is declared. Like Hurricaine Andrew, that I will not be able to buy ammo or carry my handgun concealed even though I am licensed?

I'm not a lawyer. Can anyone interpet this for me?

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.

History.--ss. 4, 5, ch. 70-990; s. 1401, ch. 97-102.
 
I have e-mailed this question to the Florida Secretary of State and the State's attorney General. I will post whatever they respond tome with.
 
During Hurricane Irene here recently, one of the things the media mentioned, sort of off the cuff, was that once a state of emergency/disaster is declared, legally all power reverts to the state National Guard (i.e., federal military) and FEMA authorities on site. While I've never seen actual documentation on this, it seems a fairly likely given the stacks of legal material passed into law ever year.

Also note this. When the state of emergency/disaster gives the Guard a callout, martial law is essentially in effect. Military rule overrides any and all civilian directives. This is worthy of note as a state of emergency was declared in my county for Hurricane Floyd, which had no effect here whatsoever.
 
Thanks for that info P47. This is really getting murky.

The lesson I'm learning here is to be prepared before the next one rolls in and hold up in my house. I sure feel sorry for the anti-gun guys when the looters come. They'll run off to Wal-Mart for a Mossie and come back home with nothing to nothing.

Dutch
 
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