Florida Passes Bill to Restore Second Amendment Rights During Emergencies

Result of George Floyd Riots in Minneapolis 

In 1970, the State of Florida passed sweeping emergency measures laws which conferred enormous powers to Sheriffs and Municipal officials (Mayors and Chiefs of Police). The law was meant to contain and prevent riots and the widespread breakdown of the rule of law. The officials could declare an emergency under the “imminent threat of violence”, which gave broad discretion. The emergency could only be in effect for 72 hours, after which time the county commission or the city council would be required to approve of any extension of the emergency.

There were many riots during the Vietnam era, particularly at universities.

Part of the legislation was  870.044, which automatically forbid the exercise of many rights protected by the Second Amendment when an emergency was declared:

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.

Later, this exemption was added:

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.

The law is an example of the height of Progressive philosophy: When there is a breakdown in law and order, place all power in the hands of government officials.

The law explicitly forbid ordinary citizens from participating in restoring public order!

Representative Monique Miller (R), District 33, was born the year the bill passed, in 1970. She was elected to the Florida House in 2024. Representative Miller found 870.44 to be in direct conflict with the Second Amendment. From Flhouse.com:

Why Representative Miller filed this bill:

When Floridians most need the ability to defend themselves, their families and their property, Florida statute strictly prohibits it. This bill would repeal section 870.044 of the Florida Statutes, which currently establishes automatic limits on the possession and carrying of firearms and ammunition when an emergency is declared. By removing these automatic restrictions, the bill ensures that lawful gun owners are not preemptively barred from exercising their Second Amendment rights during times of crisis. 

Representatives Miller and Mayfield sponsored HB6025.

HB6025  Passed the House on April 16, 2025, with a super majority, 86 -28. The bill passed Senate on April 23, 2025, with another supermajority, 32 – 5. HB 6025 was signed into law by Governor DeSantis on May 28, 2025.  The repeal of 870.44 was immediate upon the Governor’s signature.

Thus ended 55 years of automatic, official, Florida negation of numerous rights protected by the Second Amendment.  One of the major purposes of the Second Amendment is to ensure citizens are armed so as to be able to restore public order during a breakdown of governmental authority. There is a long tradition of armed citizens reinforcing local authorities who do not have sufficient manpower to keep the peace.  The United States has a long history of the spontaneous formation of local militias to enforce public order during emergencies such as after hurricanes or tornadoes.

The philosophy behind the automatic negation of a public ability to assist in the restoration of order with the use of force, was a direct assault on the philosophy of self government.

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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