Florida was hit by a massive hurricane a couple of days ago. The City of Okeechobee took advantage of the storm by prohibiting carrying, selling, or displaying firearms and ammunition during its state of emergency.

The city declared a local state of emergency when Hurricane Helene approached the Florida shore. The chief of police, Donald C. Hagan, II, warned residents that the city was banning the carrying of firearms, whether the guns were carried concealed or openly. He also prohibited the sale of firearms and ammunition to anyone, no matter if it was a private sale or from a gun store. Stores were also not allowed to display firearms or ammunition. The state of emergency ran from 9 A.M. on September 26 through 6 A.M. on September 27. Although the state of emergency is over, the order is alarming to many gun rights activists.

Florida has preemption, meaning that local law cannot overrule state law. It appears that Okeechobee might have violated the law by banning firearms. A state of emergency doesn’t override the Florida state law or the Constitution. New Mexico Governor Michelle Lujan Grisham tried to use an emergency order to ban the carrying of firearms, only to be rebuked in court after multiple gun rights organizations sued over the order. Also, during the COVID-19 pandemic, numerous states and localities tried to use the “emergency” to shut down gun shops. The attempts led to multiple lawsuits. Not a single locality or state was successful in defending the shutdowns.

This action by Police Chief Hagan was brought to AmmoLand’s attention by Gun Owners of America (GOA) Florida State Director Luis Valdes. He was visibly upset that a Florida city would try to ban firearms during an emergency. He points out that criminals take advantage of law-abiding citizens during natural disasters such as hurricanes. Since criminals do not obey the law, the order means that only the victims would be disarmed.

“The actions the City of Okeechobee took leading up to Hurricane Helene were not about keeping the residents safe,” Valdes said. “How is preventing the residents from being armed, keep them safe? The Police Chief declaring a state of emergency under FS 870.043 and 870.044 wouldn’t have done that. Furthermore, the laws weren’t even properly applied since the declaration for a state of emergency under those statutes is for rioting, not a hurricane. If rioting or looting were to happen in Okeechobee, then having the residents being armed is what’s needed. Not disarmed and left to the mercy of criminals. As we’ve seen time after time, criminals do not follow the law. A declaration in which the people are disarmed is never going to stop criminals, real or imagined. Okeechobee is only a town of 5,000, and I doubt those folks would have caused issues after the storm. I know because I’ve been through Okeechobee. It is a sleepy and quiet town.”

The order also reminds gun rights activists of what happened after Hurricane Katrina when Americans were disarmed in the aftermath “for their own safety.” Crime ran rampant, and the only ones who gave up their guns were law-abiding citizens who became helpless victims to the criminals who remained armed. Okeechobee is a small town of only 5,000, but it could have turned out very differently if this action had happened on a larger scale.

It is unclear what action could be taken against the town or the Chief of Police since the order has already been lifted, but lawyers and lawmakers are looking into possible actions to ensure that history doesn’t repeat itself.

About John Crump

Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.