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Discussion Starter · #1 ·
"If you are an Honorary member of the Florida Sheriffs Association, you are helping fund an organization that is aggressively fighting to deprive you of your Second Amendment rights."

"Senator Jack Latvala and 8 other Republicans abandoned protection of your Second Amendment rights as a favor to a group of anti-gun sheriffs."

Click on the link below to read the entire article:


http://cms.nraila.org/media/13231629/fsa_war_on_second_amendment.pdf
 

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OK, let's get something straight. By law the government cannot force you to evacuate your home. I have been through this and if they force you to leave they are breaking the law. Local laws are superceeded by higher authority.
 

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OK, let's get something straight. By law the government cannot force you to evacuate your home. I have been through this and if they force you to leave they are breaking the law. Local laws are superceeded by higher authority.
And they know it. They declared a 'mandatory evacuation" for my son's street during a storm because of the danger of flooding. The morons didn't realize that the land on that side of the river had an elevation of 12 to 14 feet above mean high tide, way out of the flood range of the river. He and his neighbors just waved at the cops as they cruised through, loud speakers blatting away, and that was the last they heard of it.
 

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Exactly right old goat 46 . I , like many others , am not some incompetent boob that needs a babysitter at my age . I still have my wits about me and can surly tell when , or if , I and my family need to leave my home and will do so if the need arrises , and on the other hand , no gubment intity will ever , ever , ever , come to my door and force me to leave , there will be a hell of a fight , come on . ( in the words of Walter Brennan , actor , that ain't braggin , it's a fact ).

P.S. and I will take whatever I need with me should I feel the need to leave .

Peafowlguy
 

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Discussion Starter · #5 ·
You guys miss the point of the original posting...

The question is not: Whether or not law enforcement can force you to evacuate...

But whether or not you can take your guns with you if you do have to evacuate...

Present Florida law prohibts taking your guns with you... a bill was being considered in the Florida legislature that would make it legal to take your guns if you have to evacuate...

Yet, the florida sheriffs assocation, who blatently declares they are not anti-2nd Amendment, opposed the bill and managed to have it quashed...
 

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Present Florida law prohibts taking your guns with you... /QUOTE]

Not true. You can take guns or anything else Current law says that open carry isn't allowed. So case them or wrap them in a blanket.

The state of emergency law that prohibits open carry is for riots and civil insurrection only, not evacuations. A lot of the RKBA organizations mixed up the two.

Here's what I posted on Florida Shooter's Network:

Legal mistakes:

First, the statute called out is wrong, it's really 870.044. 870.043 covers calling a state of emergency because of "AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES." Not other reasons.

870.044 only applies to carrying firearms in a public place during that specific type of state of emergency, called because of "AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES. Not emergency mandatory evacuations because of natural disasters. Note the "pursuant to s. 870.043".

In my opinion law abiding concealed carry licensees will be exempt anyway because they lawfully possess firearms, even if its in a public place, and because the right of self defense will overrule that law. There's never been a test of this but arresting someone for legally carrying a concealed firearm when any reasonable person would want to defend himself against rioters is a real career killer. Even if it made it past a judge who isn't running for his office again, no jury would convict unless it was proven the CCW holder was planning on rioting or committing another crime.

here's the law in question. It would NOT be affected by HB 209

Chapter 870
AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES

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:
(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.

So the usually correct pro RKBA organizations are overdoing it and really need to have someone read the statutes and HB 209 carefully. In any case HB 209 would not change the law during all states of emergency, not during the AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES" where 870.044 applies, but only during a mandatory evacuation.
 

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Discussion Starter · #7 · (Edited)
Present Florida law prohibts taking your guns with you... /QUOTE]Not true. You can take guns or anything else
Quoting directly from the NRAILA statement: Link to the entire statement is in posting 1 of this thread:


"under Florida law s.870.044, once an emergency is declared, a person is automatically prohibited from (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" That means it is a CRIME to possess a firearm on your person or in a vehicle -- with or without a CW license during a state of emergency."

"Under chapter 870, when an emergency is declared by a local official, it is a crime for a person to possess a firearm outside their home or off their own property -- because possession of a firearm in a public place is prohibited. Sidewalks, roads, and highways are public places and courts have ruled that anywhere inside the interior of a vehicle is on or about your person."

jjk: Seems that you and the NRA have a different interpretation of Florida law...

Methinks I will go along with the NRA version...
 

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That's Chapter 870
AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES


Not hurricanes, floods, natural disasters.

All emergencies are covered under CHAPTER 252, EMERGENCY MANAGEMENT

The provisions of 870.044 go into effect only when the emergency is called under 870.043, for "AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES." So you can do as you wish with your firearms during a hurricane evacuation, and the proponents of the law are wrong in promoting it using that as an example.

I believe the original intent was to try and protect those who were arrested for carrying a firearm during an evacuation. Except I haven't found any examples of that happening. Florida law already prohibits New Orleans type confiscations.

The serious defect in the concealed carry law, outlawing firearm possession of any type during the 870.043 type rioting, etc.. emergency, would not be fixed by HB 290. I suspect that Marion Hammer only read the mistaken open letter from Concealed Carry Florida instead of researching it herself.

And finally Jack Latvala does need to be kicked out of office for a lot more reasons than this.
 
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