Concealed Carry In Florida Without A Permit During a State of Emergency

Concealed Carry In Florida Without A Permit During a State of Emergency

By: Zach McCormick

Date: October 5, 2016

In 2015, the State of Florida enacted a law that permits Floridians without concealed carry weapons permits to conceal their firearms about their person "while in the act of evacuating during a mandatory evacuation order issued during a state of emergency declared by the Governor pursuant to chapter 252 or declared by a local authority pursuant to chapter 870". This is a common sense measure designed to remove some of the burden that citizens bear while they seek shelter during an emergency. 

It is critical to note that this law truly is an ‘emergency exception’ because it only provides protection to Floridians during a very short 48-hour window and only during the "act of evacuating”. The “act of evacuating” is defined to mean the "immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered". (Here is a link to the statute if you would like to read it in its entirety: Florida Statute 790.01). It is fair to say that anyone that makes use of this law must only do so if they are fully aware of all of the parameters that are involved because ignorance will serve as no defense to the unwary.

Additionally, there are some things that are not directly addressed by the law that may be useful to know.

• Felons and misdemeanor domestic battery convicts still may not possess guns.
• "Off-limits" still probably means "off-limits" for concealed carry. (Full list of off-limits areas here).
• Carrying a firearm concealed is by no means a license to unlawfully use it.

One important problem with the law is that it creates something of a contradiction in situations where schools are used as emergency shelters. This is because, generally, schools are on the 'off-limits' list when it comes to where concealed firearms may be lawfully carried. Unfortunately, there is no direction in the statute as to whether, during the state of emergency, such prohibitions are lifted. This means that, however impractical or contrary to the spirit of the statute it may be the safest approach is to leave your firearms some place that is safe and that is off school property while you take refuge inside the school-shelter.

No matter how you choose to exercise your rights, it cannot be stressed enough how important it is to act in a mature, and measured fashion during these difficult times. Law enforcement officers as well as other public service officials will undoubtedly be in a heightened state of alert and, given the relatively new nature of this law, could be unaware that it even exists. Therefore, even though Florida citizens generally retain their civil liberties during states of emergency, the interests of safety are well served by placing a high priority on defusing and deescalating tense situations immediately before they become a problem. Whether dealing with a neighbor or a police officer, the appropriate place to remedy any wrongs is the courtroom, not the street.