Florida State of Emergency

D

Don P

New member
Per the Governors declaring a state of emergency, Executive order 17-235 there is no mention of FL statutes 870.043 or 870.044 so conceal carry should not be an issue. CCW always depends on how the State of Emergency is worded here in FL and I would assume elsewhere in the US.
 
One of the things (positive benefit) of declaring an emergency this far in advance is to make price gouging illegal.
 
Don P said:
CCW always depends on how the State of Emergency is worded here in FL and I would assume elsewhere in the US.
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Why would you assume that?

When it comes to laws, never assume anything. We have 50 states, each of which has its own laws, plus the District of Columbia plus federal law. IMHO it is extremely unwise to assume that what's law in any particular state might be the law in any other state or states.
 
FITASC said:
Gouging doesn't really exist...
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Perhaps not in a purely theoretical sense, but some states do in fact outlaw the practice of drastically raising prices on certain goods when a disaster is declared; I'm not familiar with Florida law in this regard, but this is a violation of the TX Business and Commerce Code § 17.46(b)(27), and the TX AG has issued warnings in the aftermath of Hurricane Harvey.

Aguila Blanca's warning against rash assumptions applies here as well.
 
Chris, yes FL does have anti-gouging laws for declared emergencies. However, there can be loopholes which people don't realize.

For example, if you go into a FL hotel and look at their "official" room rates (frequently posted on the back of the room door) you'll see that the rates are outrageously high. Of course, normal guests always pay a "discounted" rate. One reason they do that is that during any kind of emergency, they can suspend all "discounts" and charge those full rates without violating any law.
 
I'm certain there are loopholes, but my main point is simply that the crime of "gouging" during a disaster is in fact a thing. :)

The assertion that gouging doesn't exist, based on what laissez-faire capitalist theory says about proper operation of the free market, is a red herring. One may certainly argue that the crime is unjust, but this does not change the fact that it is a crime in certain states.
 
CCW always depends on how the State of Emergency is worded here in FL and I would assume elsewhere in the US
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Aguila Blanca
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Let me apologize for not explaining things down to the smallest nuance.
Evidently, by me assuming that the way a Governor words a State of Emergency in ANY state would effect the CCW laws like it does here in Florida.
Next time I'll try to do better as the Governor did here in 2015 with a statute about CCW while under mandatory evacuation
 
FITASC said:
Watch the video and you'll see why [gouging] isn't [a crime].
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Here's what spokesperson Matt Zwolinski says between 0:36 to 0:58 of the video:
Now as it turns out, my offer would be illegal in a majority of U.S. states, about 34 of which have statutes that prohibit price gouging. The practice is usually defined as raising prices on certain types of goods to an unfair or excessively high level during an emergency, so there's really no question what the law would do to me if I made an offer like this to you [charging a high price for an item].
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He clearly concedes that the practice is illegal in some states.

He goes on to argue that the practice is moral and reasonable due to free-market principles, and that anti-gouging laws should be repealed because they're counterproductive even if you're convinced that the practice is immoral (3:40 to 4:45). However, he NEVER asserts that the practice isn't a prosecutable offense.
 
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