State of Emergency and Concealed Carry
Written by Moses & Rooth Attorneys at Law on October 6, 2016
I’m sitting here in my office waiting for Hurricane Matthew to make a decision as to where in Florida it is going to hit or I suppose if it will head east and never make landfall here. As I’m sure anyone who has been through a hurricane knows, there are certain things that you need to do in order to prepare. Some of the more obvious ones include water, batteries, and candles. Some people up their preparedness game and purchase a generator and extra cans of gasoline. Other people throw caution to wind and their preparation starts and ends with buying enough booze for the upcoming hurricane party.
However, there are some actual laws take place when a hurricane or any disaster occurs and the governor declares a “State of Emergency”. For instance during a state of emergency it is illegal to sell or offer to sell any firearm or ammunition. It is also illegal to “intentionally possess in a public place a firearm.” These can all be found in Florida Statute 870.044.
Another statue that effects people during a state of emergency is Florida Statute 790.01, which involves concealed weapons. Normally, the law prohibits a person who does not have a concealed weapons permit from carrying a firearm or other weapon. However, 790.01(3)(a) indicates that the concealed weapons prohibition does not apply during a mandatory evacuation during a state of emergency. This means that person may carry a concealed firearm or other weapon during a mandatory evacuation. This permission extends for 48 hours after the mandatory evacuation is ordered.
All those in Florida stay safe. All those who have been ordered to evacuate, you can bring your weapon with you. All those who ignore the mandatory evacuation, enjoy the hurricane party.