Florida State of Emergency and prohibition of gun & ammo sales.

Via The Gun Writer.
pasoc co state of emergency
Shooters Tampa Bay at Walmart Supercenter Wesley Chapel
Pasco Walmart Supercenter Wesley Chapel stops sales of guns and ammo during a State of “Energency”
Why does Walmart stop selling guns and ammo during emergencies?
A little rain and they stop, what happens during real emergencies?

One that needs to be checked out. I thought we were done with the automatic banning during emergencies after Katrina so maybe what we are seeing is an overly generous application of the one statute still remaining in the books:

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

And that leads to:

AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES
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.

Then again it is Pasco County which with Hillsborough County (Tampa) they act more like part of Southern California than South Florida. Maybe somebody told off at a Deputy and he freaked out forcing to call a riot situation.

5 Replies to “Florida State of Emergency and prohibition of gun & ammo sales.”

  1. Howdy Miquel,

    Minnesota just passed legislation forbidding the confiscation of forearms and ammo during a state of emergency. They also legalized the possession of suppressors by citizens in the state. Any idea how many states have passed similar laws?




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  2. Rioting and looting? Sounds like exactly the right time to sell firearms and ammunition so we can shoot the SOBs.

    Be prepared and have all that you need in terms of supplies, including firearms, before the SHTF.




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  3. It is a perfect example if why people need to be trained, armed and well regulated. That is, well regulated in that our weapons in good working order and amply ammo on hand and ready to use if needed. Buy when it is available and reasonable priced, save for the rainy day.




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  4. Marbury v. Madison: 5 US 137 (1803):

    “No provision of the Constitution is designed to be without effect,” “Anything that is in conflict is null and void of law”, “Clearly, for a secondary law to come in conflict with the supreme Law was illogical, for certainly, the supreme Law would prevail over all other laws and certainly our forefathers had intended that the supreme Law would be the bases of all law and for any law to come in conflict would be null and void of law, it would bare no power to enforce, in would bare no obligation to obey, it would purport to settle as if it had never existed, for unconstitutionality would date from the enactment of such a law, not from the date so branded in an open court of law, no courts are bound to uphold it, and no Citizens are bound to obey it. It operates as a near nullity or a fiction of law.”

    If any statement, within any law, which is passed, is unconstitutional, the whole law is unconstitutional by Marbury v. Madison.

    16AmJur2d., Sec. 98:

    “While an emergency can not create power and no emergency justifies the violation of any of the provisions of the United States Constitution or States Constitutions. Public emergency such as economic depression for especially liberal construction of constitutional powers and it has been declared that because of national emergency, it is the policy of the courts of times of national peril, so liberally to construed the special powers vested in the chief executive as to sustain an effectuate the purpose there of, and to that end also more liberally to construed the constituted division and classification of the powers of the coordinate branches of the government and in so far as may not be clearly inconsistent with the constitution.”

    (No emergency has just cause to suppress the constitution.)




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