House committee passes Florida bill repealing restrictions on firearms during emergencies

TALLAHASSEE, Fla. – The Florida House Constitutional Rights, Rule of Law & Government Operations Subcommittee favored a bill 12-2 on Wednesday repealing a state statute that limits firearm and ammunition purchases if a state of emergency is declared.

Rep. Tommy Gregory, R-Lakewood Ranch, and Rep. Tyler Sirois, R-Merritt Island, filed HB 1615.

“This is a section of Florida law that automatically terminates a constitutional right just because a local sheriff or other designated public official declares a state of emergency,” Gregory said to the committee. “It specifically repeals section 870.044 automatic emergency measures.”

Rep. Berny Jacques, R-Seminole, praised Gregory for filing the bill.

“Thank you Representative Gregory for this great bill that is strong on our constitutional rights to keep and bear arms,” Jacques said. “The notion that a government official can strip us of our constitutional rights enshrined in the Second Amendment just because of a declared emergency, that is totally inconsistent with the Constitution.”

Jacques argued for needing constitutional rights the most during a declaration of emergency.

“When you see things that are occurring in our communities and things that could occur, certainly government should not be a barrier, or free citizens to be able to exercise that right enshrined in our Constitution,” Jacques added.

Rep. Dotie Joseph, D-North Miami, questioned Gregory on his reason for repeal.

“It’s entirely philosophical,” Gregory said. “I don’t think that we should have provisions in Florida law that violate the constitution. I think as we look for those areas in law, we should repeal them.”

Rep. Lindsey Cross, D-St. Petersburg, wondered if the repeal would open up to acts of violence, referencing the Los Angeles riots in the 1990’s and earthquakes.

“My concern is that we have a major hurricane or disaster, people who do not have the training, or the wherewithal are now suddenly flocking to these stores and getting guns and ammunition and may not know how to responsibly use them,” Cross said.

Gregory again emphasized constitutional rights in his closing argument.

“It’s not just the purchase. It also makes it illegal for them to sell, of course, it’s outlawing the constitutional right by both ways,” Gregory said. “It also makes it illegal to possess a firearm, so even if you had a permit and had training, not that these things are necessarily required and shouldn’t be required to exercise his constitutional right.”

HB 1615 now moves to the Florida House Civil Justice Subcommittee for passing.