Author Topic: FL Question: Can Guns in Cars Be Banned During a Declared, Non-Evacuation Emerge  (Read 882 times)


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FL Question: Can Guns in Cars Be Banned During a Declared, Non-Evacuation Emergency?
Some interpret 870.44(3) [see below] to mean that during a declared emergency, a public place would include a street or highway, including your car on that highway.  Would you agree?

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.

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:
(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.