Does any know if this is actually happening?

[rickyrick]

Found this on a social media page of a partisan hack.
Not sure of its authenticity. I know the effective date has passed.





Sent from my iPhone using Tapatalk

[Paul B.]

Terminated

"The Emergency Ordinance commenced immediately upon the declaration by the Police
Chief and was thereafter terminated by the Police Chief on or about 9:51 pm on the same
date it was issued. The Emergency Ordinance was terminated for two primary reasons.
One is that, fortunately, Hurricane Helene did not have a substantial impact on the City
and its residents. Secondly, a provision prohibiting the sale of firearms and ammunition
was inadvertently included in the Emergency Ordinance. Upon discovering this, the City
and Police Chief acted expeditiously to terminate the Emergency Ordinance.
Safeguarding the life and property of its residents is the paramount role and responsibility
of the City. Nothing more, nothing less. At no time did the City, or the Police Chief,
contemplate, nor take any action, to prohibit, confiscate or otherwise regulate firearms or
ammunition."

https://www.northwestfirearms.com/t....3/post-3960541
Paul B.

[rickyrick]

Interesting, it is odd that the order only mentions firearms and ammunition restrictions and really nothing else.

[Aguila Blanca]

I'm pretty certain provision 'C' wouldn't pass constitutional examination.

https://thegunzone.com/can-you-open-...-of-emergency/

https://www.flsenate.gov/Laws/Statutes/2019/790.01

Well, I may be wrong again (where's my shocked face?). It is in state law:\

http://www.leg.state.fl.us/statutes/.../0870.044.html

[44 AMP]

Am unsure if Fl law makes a distinction between Martial Law and a "State of Emergency". Also I don't know what level of govt may legally declare such. IF it is a city council or if a higher authority is needed.

During times of Martial Law, it is common to prohibit firearms and alcohol sales.

also I noted that the linked section of Fl law specifically states that confiscation of arms from citizens obeying the law is strictly forbidden.

We've actually learned a few things since Katrina, hopefully for the better.

[Paul B.]

DISASTER RECOVERY PERSONAL PROTECTION ACT.
This section amends the Stafford Act to prohibit federal employees, any entities (including state and local governments) receiving federal funds, and other relief workers from confiscating, requiring the registration of, or prohibiting possession of firearms during a disaster or an emergency if those firearms are legally possessed under federal or state laws. The bill also provides for a private right of action for restitution from an individual violating this section and for the return of the firearm confiscated in violation of this section. . . .
Private Rights of Action.–
(1) In general.–Any individual aggrieved by a violation of this section may seek relief in an action at law, suit in equity, or other proper proceeding for redress against any person who subjects such individual, or causes such individual to be subjected, to the deprivation of any of the rights, privileges, or immunities secured by this section.
(2) Remedies.–In addition to any existing remedy in law or equity, under any law, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may bring an action for return of such firearm in the United States district court in the district in which that individual resides or in which such firearm may be found
(3) Attorney fees.–In any action or proceeding to enforce this section, the court shall award the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs

https://crimeresearch.org/2021/02/41...g-emergencies/

Paul B.

[gwpercle]

Same thing happened during aftermath of Katrina in New Orleans ... looters would go from house to house ... if you stayed and were going to protect your property the authorities would disarm you ... they sorta let the bad guys run over us ...
Never vote into power a group who's goal is to dis arm you... once they get you in that position they can do anything .
If they can't trust me to own a gun ... then I can't trust them to be my leader !
Gary

[Aguila Blanca]

The Florida law doesn't say you can't keep your gun(s) in your home. It says you can't go out in public with a gun during a declared state of emergency.

And the federal referred to by Paul B. seems to invalidate the Florida law (but I wouldn't volunteer to become the test case).

[Skans]

Whoever drafted this crappy ordnance should be called out for it and voted out of office, together with any other councilmen who voted for it. Also, the chief of police, Donald Hagan, should be removed immediately. Okeechobee is pretty red. No need to keep gun-hating bureaucrats who show their true colors around.

[JohnKSa]

To be fair about this, it's important to note that the prohibitions (a, b & c) are quoted directly from FL state law.

Here's the Florida State Law

https://www.flsenate.gov/Laws/Statut...Chapter870/All

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.
History.—s. 3, ch. 70-990; s. 1400, ch. 97-102.

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.

The issue is that the Police Chief was not really within his rights to declare a state of emergency given the situation. There would have had to be some sort of social unrest or a clear and present threat of social unrest. (See the bold section of 870.043 quoted above) A natural disaster, in and of itself, would not provide justification for a local official to declare a state of emergency.

[Aguila Blanca]

Originally Posted by JohnKSa

The issue is that the Police Chief was not really within his rights to declare a state of emergency given the situation. There would have had to be some sort of social unrest or a clear and present threat of social unrest. (See the bold section of 870.043 quoted above) A natural disaster, in and of itself, would not provide justification for a local official to declare a state of emergency.

Maybe that's why he rescinded the state of emergency before it had been in effect for even 24 hours.