I was re-reading Jon Gutmacher's book Florida Firearm's Law this morning. This specific question is for anyone familiar with the book or the law.
In my Sixth Edition copy, Chapter Seven ends with the following excerpt:
This left me confused, so I decided to e-mail the author for clarification. I'd e-mailed him once before when I was confused on another point he'd made in the book. The following is my e-mail conversation with him.You should know that in June 2006 the Legislature passed HB-285 which amends F.S. 252.36 and F.S. 870.044 - so that in any emergency firearms lawfully possessed may not be seized so long as the possessor is not engaged in the commission of a crime.
However, you should also be aware that it is a crimt o possess a firearm in a "public place" during a declared "state of emergency", or to sell or transfer a firearm or ammunition during this period. A "state of emergency" can be declared by a sheriff or designated local official. A violation is a first degree misdemeanor. F.S. 870.048. Similar legislation is being considered in Congress.
Stay at home with your rifle on the ready during any "declared emergency", and stash one at the office ahead of time, if you're a business owner - just in case you get stuck there."
Am I missing something, or does it seem like I'm just being told to buy the new copy of his book?-----Original Message-----
From: Jon H. Gutmacher, P.A.
To: Greg McDonald
Sent: Thu, Dec 3, 2009 12:27 pm
Subject: Re: A question from your book
the 2009 edition for $29.95 fully answers your question whereas earlier versions were not as extensive. it depends on the wording of the governor's proclamation.
--- On Thu, 12/3/09, Greg McDonald <firstname.lastname@example.org> wrote:
From: Greg McDonald
Subject: A question from your book
Date: Thursday, December 3, 2009, 10:33 AM
I had a question regarding something I read in your book I was hoping you would be so kind as to clarify.
In the Sixth Edition, the last section of Chapter Seven deals with "Declared Emergencies". From reading this, I take it that if a state of emergency is declared it would be illegal for me (a CWP holder) to carry concealed in a public place.
I will offer the example that came to mind for the sake of clarity. A hurricane is bearing down on the area so the Governor declares a state of emergency. Would I then not be allowed to carry my concealed weapon to the gas station, grocery store, and hardware store while preparing for the storm?
The section had me baffled, and I would appreciate any information you might be able to offer.
Thank you for your time.
I'm a little bit confused by the response considering his usual approach to updates. He posts free updates for pertinent information in older editions on his website.
Regardless, I'm now concerned and looking for clarification on my original issue. Is anyone familiar with the rules surrounding a declared state of emergency restricting licensed and otherwise legal carry in Florida?