State of Emergency

[AirForceShooter]

Our wonderful Governor has declared a state of emergency over the Coronavirus.

Normally a state of emergency prohibits sales of guns and ammo.

So how can there be guns shows right now?

AFS

[zeebaron]

This happened over a week ago (https://www.flgov.com/wp-content/upload ... _20-51.pdf), he just bumped it up another level. Here's the law:

http://www.leg.state.fl.us/statutes/ind ... 00315.html

[Dave P]

I say one should lock and load all weapons in an emergency - think of the countryside being infested with corrona walking dead!

[Taco]

Our wonderful Governor has declared a state of emergency over the Coronavirus.

Normally a state of emergency prohibits sales of guns and ammo.

So how can there be guns shows right now?

AFS

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.

Only THIS type of emergency is the one referenced to suspend firearms sales. Basically when rioting is occurring.

[zeebaron]

Our wonderful Governor has declared a state of emergency over the Coronavirus.

Normally a state of emergency prohibits sales of guns and ammo.

So how can there be guns shows right now?

AFS

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.

Only THIS type of emergency is the one referenced to suspend firearms sales. Basically when rioting is occurring.

Thanks, I was wondering if that actually existed or not.

The whole chapter goes into detail, including automatic and discretionary measures:

http://www.leg.state.fl.us/statutes/ind ... Index.html

Under automatic, it lists the firearms/ammunition part:

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.

History.—ss. 4, 5, ch. 70-990; s. 1401, ch. 97-102; s. 2, ch. 2006-100.

http://www.leg.state.fl.us/statutes/ind ... 0.044.html

[dammitgriff]

What if the affrays, riots, routs and/or unlawful assemblies are in relation to protecting yourself from your own government?
Don’t we automatically defer to the Constitution in that case, specifically the Second Amendment? No government—state or federal—can suspend the Constitution in part or whole without invoking an infringement of the Bill of Rights.
R/Griff

[zeebaron]

What if the affrays, riots, routs and/or unlawful assemblies are in relation to protecting yourself from your own government?
Don’t we automatically defer to the Constitution in that case, specifically the Second Amendment? No government—state or federal—can suspend the Constitution in part or whole without invoking an infringement of the Bill of Rights.
R/Griff

How many on this forum would actually have the balls to do that? lol...

[rentprop1]

seen idiots with masks on today

[Wulfmann]

When a state of emergency was declared last year the Melbourne gun show was cancelled by the city of Melbourne.

The promoter stated as per above it was not for riots so did not apply to firearms in this case but the city replied said get a state official to call and confirm that and no official would do so (No one knew who could authorize such a counter).

Gun Show did not occur

Maybe this time it will be different because the state of emergency will last longer and therefore there will be time to get a ruling?????

Who wants to guess?

[Gregg]

The Melbourne Show was canceled because Brevard Emergency Services has the Melbourne Auditorium designated as a Emergency Command Center.
It had nothing to do with any "State of Emergency" declaration.