FL: 2A Rights During Emergency Bill goes to Governor Scott

Gun Watch ^ | 11 April, 2015 | Dean Weingarten

[marktwain]

Florida second amendment supporters have been attempting to push a gun law reform that eliminate the current requirement that most gun owners leave their firearms at home during mandatory evacuations, potentially making them vulnerable to looters.   From the bill, SB 290:

(2) Except as provided in subsection (3), a person who is 22 not licensed under s. 790.06 and who carries a concealed firearm
23 on or about his or her person commits a felony of the third
24 degree, punishable as provided in s. 775.082, s. 775.083, or s.
25 775.084.
26 (3) This section does not apply to: a person licensed to 27 carry a concealed weapon or a concealed firearm pursuant to the 28 provisions of s. 790.06. 29 (a) A person who carries a concealed weapon, or a person 30 who may lawfully possess a firearm and who carries a concealed 31 firearm, on or about his or her person while in the act of 32 evacuating during a mandatory evacuation order issued during a 33 state of emergency declared by the Governor pursuant to chapter 34 252 or declared by a local authority pursuant to chapter 870.

Last year the measure was torpedoed in the Senate by the Sheriff's association.  This year it has passed both the Senate, 29 to 10, and the House 86 to 26.   Both votes are comfortably veto proof, but politicians are often loathe to override a governor of the same party.   The bill should be on Governor Scott's desk shortly.  From miamiherald.com:   

A measure that would allow people without concealed-weapons permits to pocket their legally owned guns during a declared emergency is now headed to the governor.

I haven't found any indication that Governor Scott will sign or veto the bill.   It is a relatively modest reform.   When the legislature is in session, the Governor has seven days to veto or sign a bill.   If the legislature adjourns, sine die, he as fifteen days.  The legislature has the option to override a veto if it happens while the legislature is in session, or if it has adjourned, it has the opportunity to override the veto in the next session.  If the Governor does not veto the bill, and does not sign it, it becomes law.  From the Florida Constitution:

(a) Every bill passed by the legislature shall be presented to the governor for approval and shall become a law if the governor approves and signs it, or fails to veto it within seven consecutive days after presentation. If during that period or on the seventh day the legislature adjourns sine die or takes a recess of more than thirty days, the governor shall have fifteen consecutive days from the date of presentation to act on the bill. In all cases except general appropriation bills, the veto shall extend to the entire bill. The governor may veto any specific appropriation in a general appropriation bill, but may not veto any qualification or restriction without also vetoing the appropriation to which it relates.

It appears that SB 290 has not yet been presented to Governor Scott, so the time periods have not yet started.

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[Popman]

Thanks for the heads up...this is news to me...

I'd be calling Governor Scott office on Monday...

There is no way possible, I'm leaving my guns at my house during a hurricane if forced to evacuate...

[trebb]

I remember the confiscation in New Orleans during Katrina. I’m not aware of any such laws in Mississippi, but Katrina brought out a lot of openly carried weapons despite the fact that it was technically illegals at the time. Never heard a peep out of anyone about going after these folks and even had a Florida Trooper touch the brim of his hat to me while I was putting up an “Armed Community - Looters Will Be Shot” sign at the entrance to our road - with my .357 openly holstered on my hip.

[Arm_Bears]

. . . the right of the people to keep and bear arms shall not be infringed.

Seems pretty clear to me.

[Caipirabob]

Under no circumstance ever succumb to socialist tyranny when it comes to your God given right to self defense. Period.

Nice law the left pushes. Good luck enforcing it when it's just the patriot vs the socialist. The outcome would be...appropriate.

[Caipirabob]

I could sum up my statement to the left in two words, but then I’d get banned...

[sassy steel magnolia]

Not fun dealing with hurricanes, especially when we know the thugs will take advantage pronto of any situation they can. Being a licensed CCW owner, i am loading everything and proceeding away from the coast. And once back home i will diligently protect my family and myself and our home. I have seen desperate people fight over water and ice—if stuff gets ugly ( it always does), i want to be able to protect myself. Just praying for no hurricanes this year, God willing!

[Secret Agent Man]

Any law that has an unintended consequence of making a law-abiding citizen into a criminal for doing normal things ought to be null and void.