Florida Eliminates Local Emergency Firearm Purchase Restrictions

Governor DeSantis Signs Legislation Protecting Second Amendment Rights During Emergencies

On Wednesday, May 28, Florida Governor Ron DeSantis enacted legislation that prohibits local governments from imposing restrictions on firearm and ammunition purchases during declared local emergencies. The new law addresses concerns about constitutional rights being curtailed precisely when citizens may need protection most, though preparedness advocates recommend securing necessary supplies well before emergency situations arise.

Legislative Details and Scope

House Bill 6025 Overview

House Bill 6025, championed by Republican Representatives Monique Miller and Debbie Mayfield, directly targets Section 870.044 of Florida statute, which previously allowed restrictions on firearms and ammunition under the state's "Automatic Emergency Measures" during situations classified as "Affrays; Riots; Routs; Unlawful Assemblies."

The legislation's straightforward language reflects its focused intent:

"Section 870.044, Florida Statutes, is repealed… This act shall take effect upon becoming a law."

Immediate Implementation

The measure took effect immediately upon signing, demonstrating the urgency lawmakers placed on addressing what they viewed as constitutional concerns affecting Floridians' Second Amendment protections.

Historical Context and Motivation

Previous Emergency Restrictions

The legislation responds to various instances where local municipalities implemented firearm and ammunition restrictions during emergency declarations. These situations included:

• COVID-19 pandemic responses
• Civil unrest following George Floyd's death in 2020
• Hurricane Helene emergency declarations

Specific Prohibited Activities Under Former Law

The repealed statute previously allowed local authorities to prohibit:

• Sale or display for sale of firearms or ammunition
• Intentional possession of firearms in public places by civilians
• Exceptions only for law enforcement officers and military personnel performing official duties

Constitutional and Legal Implications

Second Amendment Protections

The new law ensures that Floridians' Second Amendment rights remain intact during emergency situations, preventing what supporters characterized as arbitrary and potentially unconstitutional local ordinances imposed by municipal governments. The legislation addresses the fundamental question of whether constitutional rights should be suspended when citizens may face heightened security threats.

Government Liability Considerations

The previous system created a legal paradox where protection responsibilities fell exclusively to government employees during emergencies, yet without corresponding liability for civilian safety outcomes—a disparity the new law aims to address by restoring individual defensive rights.

Advocacy and Support

Gun Rights Organization Perspective

Jed Carroll, Florida's deputy state director of Gun Owners of America, characterized the former restrictions as unconstitutional violations occurring "at the very time when people need to be able to protect themselves." His commentary accompanied similar legislation moving through the state Senate, emphasizing the timing disconnect between increased vulnerability and restricted rights.

Preparedness Recommendations

While the legislation ensures access to firearms and ammunition during emergencies, preparedness experts continue recommending advance planning rather than emergency purchases. The comparison to essential supply shortages during the COVID-19 pandemic illustrates how emergency shopping can present its own challenges, regardless of legal availability.

Future Implications

This legislation positions Florida as a leader in protecting Second Amendment rights during crisis situations, potentially influencing similar measures in other states facing comparable constitutional questions about emergency powers and individual rights.