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Topic Title: SB-290, Firearms/Emergency Evacuation
Topic Summary: Smart!
Created On: 05/22/2015 10:18 AM
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 05/22/2015 10:18 AM
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crankit

Posts: 17468
Joined Forum: 07/30/2003


SB-290, Firearms/Emergency Evacuation by Senator Jeff Brandes (R-St. Petersburg) and Rep. Heather Fitzenhagen (R-Ft. Myers) was signed into law yesterday by Governor Rick Scott and took effect immediately.

SB-290 is a bill to protect citizens from being disarmed and charged with a crime for carrying a weapon or firearm when in the process of evacuating during a mandatory evacuation ordered by the Governor or a local government during a declared state of emergency.  

When you're ordered under a mandatory evacuation to take your family, pets and important documents and leave your home and other belongings behind, you should not be deprived of the ability to protect yourself and your family.  You should not be denied the right to take your firearms with you and forced to leave them behind for looters.  This bill is especially important for law-abiding people in a state that is prone to evacuations due to hurricanes.

A second important element of the bill is the correction of the statutory construction of Florida Statute 790.01, the law that prohibits concealed carry.  The law passed in 1987 and was never intended to allow concealed weapons and firearms license holders to be treated like criminals. 

However, in 2013 in  Mackey v. State, 124 So. 3d 176, 181 (Fla. 2013) the Florida Supreme Court ruled that carrying a firearm or weapon, even with a license, is a crime and that a person with a license only has an "affirmative defense" against the crime.  In other words, since that ruling, a license holder found to be carrying a concealed firearm could become the victim of an anti-gun law enforcement officer or prosecutor and still be arrested and charged with a crime and have to defend himself in the legal system.

The attorney for the license holder in that case was Eric Friday, General Counsel for Florida Carry, Inc.  Mr. Friday crafted corrective language and we worked with Mr. Friday, Senator Brandes and Rep. Fitzenhagen to include corrective language in SB-290 to be sure the statutes could not be interpreted in that manner again. 

Now, the statutes are clear. Unlicensed concealed carry is a crime.  Licensed concealed is not.

This is a great bill and we can breathe a little more of Freedom's air because it is now the law in Florida -- thanks to the 29 Senators, 89 Representatives and Governor Rick Scott. 



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 05/22/2015 12:36 PM
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Thaumaturgist

Posts: 2721
Joined Forum: 06/10/2004

Jobs, Jobs, Jobs . . . . . .
The things that you always expect from Rick Scott's administration.
 05/22/2015 05:22 PM
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RustyTruck

Posts: 33300
Joined Forum: 08/02/2004

Legally armed looters. Super. Why would any honest gun owner not have a CCW? I bet the cops love this.

But it's red meat for the pro wrestling and pork chop crowd.

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Capitalism is based on the ridiculous notion that you can enjoy limitless growth in a closed, finite system.

In biology, such behavior of cells is called "cancer".
 05/23/2015 04:50 AM
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sirfir

Posts: 2320
Joined Forum: 02/10/2012

Proactive, I like it.

Being disarmed should never have been illegal in the first place.
The state should also extend that to any federal actions (ie; martial law, etc.) .
 05/23/2015 07:50 AM
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scombrid

Posts: 18020
Joined Forum: 07/24/2003

Originally posted by: sirfir Being disarmed should never have been illegal in the first place.

Being disarmed was illegal?

 



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 05/23/2015 11:00 AM
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theglide

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Seriously, in these crazy times being armed is not a bad thing.
 05/23/2015 11:29 AM
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RustyTruck

Posts: 33300
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Originally posted by: scombrid

Originally posted by: sirfir Being disarmed should never have been illegal in the first place.




Being disarmed was illegal?




 



A mind is a terrible thing to waste

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Capitalism is based on the ridiculous notion that you can enjoy limitless growth in a closed, finite system.

In biology, such behavior of cells is called "cancer".
 05/26/2015 06:19 AM
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tom

Posts: 8013
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I wonder what AL, GA, etc laws are for those who might cross a state line during evacuation?



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 05/26/2015 07:17 AM
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johnnyboy

Posts: 25071
Joined Forum: 07/22/2003

No problems at all if you have a concealed carry permit. What this law will do, in effect, is to make every owner a concealed weapon permit owner for forced evacuations.

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"One of the reasons why propaganda tries to get you to hate government is because it's the one existing institution in which people can participate to some extent and constrain tyrannical unaccountable power." Noam Chomsky.

 05/26/2015 07:33 AM
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Pagerow

Posts: 5609
Joined Forum: 12/22/2005

Originally posted by: tom

I wonder what AL, GA, etc laws are for those who might cross a state line during evacuation?



I'm not 100% sure that these are valid during an evacuation, but here are the Reciprocity laws that affect us around the country:

Concealed Carry Permit Reciprocity Maps

States Recognizing Florida License

CCW Reciprocity Travel Info
Enter your state, and get a printable map of states where it applies.


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 05/26/2015 08:23 AM
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RustyTruck

Posts: 33300
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All this means is that every untrained schmuck with a rusty old Jimenez in the back of his closet is going to tuck it into his waistband before heading out into the slow, hot 50 mile traffic jam.
When someone cuts him off, let's hope he merely blows his own balls off when he tries to pull it out on I-95.



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Capitalism is based on the ridiculous notion that you can enjoy limitless growth in a closed, finite system.

In biology, such behavior of cells is called "cancer".
 05/26/2015 08:38 AM
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scombrid

Posts: 18020
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Originally posted by: crankit You should not be denied the right to take your firearms with you and forced to leave them behind for looters.  

 

Is your collection safer in a good weather proof safe at home or in transit in your vehicle, at hotels and rest stops and such?

It looting of your valuables is the worry then you may as well rent a 26' truck and take your furniture, electronics, heirlooms, boats, etc... with you.



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 05/26/2015 08:41 AM
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scombrid

Posts: 18020
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In 2004 I happened to head to NC mountains for vacation the same day that half of Florida evacuated for Frances. Seemed like Florida plates outnumbered NC plates up in Blowing Rock/Boone/Banner Elk area that weekend.

I'm wondering about carrying boat loads of weapons across state lines. You're going to end up needed to prove to somebody that you are indeed evacuating and not trafficing.



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 05/26/2015 08:44 AM
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scombrid

Posts: 18020
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Plus, I go to relatives' houses where I can secure things like guns.

What if you evacuate to a hotel? You just going stay by your guns the whole time or will they be in your car or hotel room without you present at some point? Is that really more secure than your safe in your evacuated home?



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 05/26/2015 08:46 AM
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scombrid

Posts: 18020
Joined Forum: 07/24/2003

One more what if.

Can't the people trafficing use such a scenario as cover? Oh officer, I'm just carrying my collection with me while I evacuate.

I hope there's a provision in there somewhere in which people hauling their collection need to be able to document legal ownership of said collection.



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 05/26/2015 09:28 AM
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RustyTruck

Posts: 33300
Joined Forum: 08/02/2004

As I understand it, this law relates to concealed carry on your person. Let's say I have a significant gun collection. Let's say I have a utility vehicle large enough to transport it. I'm not aware of any law in this state that would prevent me from transporting them "securely encased". I think the "gun collection" argument is irrelevant.

This law is nothing more than the baritone grunts of the republican politician - NRA - Faux news watchers mating ritual.



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Capitalism is based on the ridiculous notion that you can enjoy limitless growth in a closed, finite system.

In biology, such behavior of cells is called "cancer".
 05/26/2015 09:58 AM
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scombrid

Posts: 18020
Joined Forum: 07/24/2003

Yeah, I thought it was already legal to carry guns unloaded and securely encased.

So I thought this statement

Originally posted by: crankit  You should not be denied the right to take your firearms with you and forced to leave them behind for looters. 

 

was odd.



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 05/26/2015 10:47 AM
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RustyTruck

Posts: 33300
Joined Forum: 08/02/2004

Can't blame Cranky, the text he cut and pasted from the NRA website was misleading to make it sound like this was some triumph for good over evil and without the NRA protecting your rights Obama is going to walk into your man cave and carry off Pappy's carbine from the Great War.

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Capitalism is based on the ridiculous notion that you can enjoy limitless growth in a closed, finite system.

In biology, such behavior of cells is called "cancer".
 05/26/2015 12:33 PM
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bob3000

Posts: 15050
Joined Forum: 07/13/2004

Originally posted by: scombrid........ yadda yadda ....statement was odd.
most of them ARE . scom - How about letting us know if she posts one thats actually accurate?

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There is water at the bottom of the ocean
 05/27/2015 08:01 AM
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Wookie

Posts: 2018
Joined Forum: 01/12/2015

Standard boilerplate alarmist paranoid BS from people who have never been outside their home county.



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