An assertive move by a Florida city to ban gun sales was quickly swept away by Gov. Ron DeSantis.
The Republican governor reportedly acted decisively to direct an order banning the sale or display of guns to be rescinded as it was illegal and unconstitutional. The city council of Okeechobee had declared a local state of emergency as Hurricane Helene barreled toward the state last week.
2A be damned.
Local police chief prohibits the sale, display, or possession of guns or ammunition.
Open ended “State Of Emergency.”
Didn’t they try this during the man-made pandemic and it was later ruled unconstitutional? @CityOkeechobee pic.twitter.com/IQY6s1cSfS
— Dalé Nowicki (@DaleNowickiX) September 30, 2024
The display of guns or ammunition at any store was also prohibited by the order and “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” was also banned.
“Donald C. Hagan, the Chief of the Okeechobee Police Department, signed the illegal ordinance, copies of which quickly rebounded around the internet. Chief Hagan did not immediately return calls or emails seeking his comments for this story,” wrote Lee Williams at The Gun Writer. “Florida Carry, Inc., sent a letter to the Okeechobee city council and Chief Hagan Saturday, warning the recipients they have violated Florida’s powerful preemption statute, which only allows the state legislature to regulate firearms. Any public official who violates the preemption statute can be removed from office and fined up to $5,000, which the statute requires them to pay personally.”
“Millions of Floridians lawfully carry defensive firearms and weapons every day to protect themselves and their families. We will see to it that they do not face a patchwork of regulations which are impossible for them to keep up with as they traverse our great state,” wrote Florida Carry, Inc. General Counsel Eric J. Friday in the letter.
Since the order was passed ahead of any looting, or emergency post-hurricane, it was deemed unconstitutional.
“To my knowledge there were no violent acts, defiance of lawful authority, or any other of these required elements prior to the declaration of emergency to justify its passage,” the attorney wrote. “The denial of a constitutional right cannot stand on conjecture.”
“It is clear from this ordinance that the sole purpose of invoking this section was to deny citizens the right to purchase and possess firearms and ammunition in direct contravention of state law and the constitutional rights of individuals wishing to purchase and possess firearms and ammunition for defense of themselves and the State,” Friday wrote.
The governor was made aware of the ordinance and reportedly directed the Police Chief to rescind the order.
Follow Up:
After many of you reached out to @GovRonDeSantis office informing them of this notice, directions were sent immediately to the Okeechobee Police Department to rescind the order.
Victories like this are important, and all of you are key to making sure they happen.… pic.twitter.com/mYp6B2nfMS
— National Association for Gun Rights (@NatlGunRights) September 30, 2024
The city followed up with a press release on the ordinance.
The City of Okeechobee is backtracking. Now claims it police chief’s order “inadvertently banned guns.” I’m not buying that. https://t.co/tvX5unuXlk
— Mike Kilo (@Mike___Kilo) September 30, 2024
Social media users slammed the order and the attempt to curtail Second Amendment rights.
Thank you Governor DeSantis and thank you FPC!
— Frank 🇺🇸 (@WrkClsHero) September 30, 2024
Rescinding the order isn’t good enough. Those officials that violate the law and the Constitution need to be prosecuted.
— WellKnitTech (@WellKnitTech) September 30, 2024
We need to start prosecuting people for violation of rights.
— Cory Gray (@CoryDGray888) September 30, 2024
Been waiting his whole career to make an official “Declaration” believing the public will have to blindly follow. Once rescinded, the chief should face some disciplinary action for such a move.
— Whiskey (@whiskeyGeo) September 30, 2024
How did this preventing looting? All this did was purport to prohibit gun sales and to prevent law abiding people from carrying a firearm in public.
— Bryan LaFonte (@bryanlafonte) September 30, 2024