No firearm or ammo sales during FL State of Emergency

[Hombre]

Talk about an insane law - If some poor SOB wasn't prepared and needed to buy a gun or ammo he can't. I was headed to pick up my new Arsenal SAM7 when my FFL called and told me "no can do". I'm well prepared so it didn't matter to me but its a law that need changing. Might as well name it The Looter Protection Act

[Odessaman]

Your FFL is misinformed. While Florida law arguably (and unconstitutionally, in my opinion) gives the governor the power to suspend firearm sales in a declared emergency, such a suspension must be specifically enumerated in the declaration. On Friday, DeSantis issued Executive Order 22-218, declaring a state of emergency in 24 Florida counties. You can read it here: https://www.fmcsa.dot.gov/sites/fmcsa.d ... 092322.pdf. As you can see, the EO does NOT suspend gun sales.

On Saturday, DeSantis expanded the declared emergency to all Florida counties, via EO 22-219. You can read it here: https://www.flgov.com/wp-content/upload ... -FINAL.pdf This EO also does not suspend gun sales.

Ask yourself: what Republican governor running for re-election would suspend 2A rights just two months before the election? Does that make sense?

Tell your FFL to pull his panties out of his camel toe and stop reading internet bullshit. If he can't stand up for his paying customers, maybe he should move to California so he can operate under more appropriate pronouns.

[Hombre]

Apparently my FFL dealer misinterpretes this ruling on the official Florida Legislature site -www.leg.state.fl.us/STATUTES


The 2022 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.

History.—ss. 4, 5, ch. 70-990; s. 1401, ch. 97-102; s. 2, ch. 2006-100.
Copyright © 1995-2022 The Florida Legislature • Privacy Statement • Contact Us

[flcracker]

You're reading the wrong section of the law. XLVI 870 refers to emergencies declared due to riots or insurrections.

XVII 252 is the Florida Emergency Management Act. It says that the Governor MAY suspend firearm and ammunition sales in an Executive Order declaring a state of emergency, but it's not automatic.

[Hogboy45]

I was able to complete a firearm transaction with my FFL dealer yesterday.

[Hombre]

Thanks for clarifying Gentlemen - I will educate the FFL dealer first thing Monday AM

[TACC]

Good to know,

Thanks for spelling it out for us.

Sent from my SM-G965U using Tapatalk

[osprey21]

It's astounding just how much bad information I've heard come out of FFL's mouths over the years.

[Bmup]

Good info & thanks for clarifying. On the other hand, I can understand why the FFL would err on the side of caution. Apparently ALL FFLs are having to put up with a LOT more scrutiny from the political left (ATF etc.) & many are being stripped of their licenses due to minor, clerical errors. If I was an FFL I'd be cautious too.

[Tenzing_Norgay]

It's astounding just how much bad information I've heard come out of FFL's mouths over the years.

I'd be filthy rich if I had $1 for every bit of bad info overheard at gun shops and shows.