Floridians: Take your guns, concealed carry prohibition suspended during evacuation

[Sebastian the Ibis]

Floridians in an evacuation zone:

Take your firearms with you when evacuating. Florida Statue 790.01 which usually prohibits unlicensed concealed carry does not apply when evacuating from a mandatory evacuation zone. The Florida Statute is available here:

http://www.leg.state.fl.us/statutes...tute&URL=0700-0799/0790/Sections/0790.01.html

An article about the passage of these amendments in 2015 is here:

http://www.guns.com/2015/05/22/gov-scott-signs-florida-emergency-concealed-carry-bill/

Governor Scott's website has an up to date list of mandatory Hurricane evacuation zones, you need to be evacuating from one of these for the exemption to apply to you:

http://www.flgov.com/2017/09/06/gov-scott-issues-updates-on-hurricane-irma-preparedness-4/

If you have a Concealed Weapons Permit (which I assume most of us do), this does not apply to you. The normal rules apply. Fla. Stat. 790.01(3)(a) just allows carry concealed without a permit for 48 hours (unless extended) while evacuating.

If you are are a felon, or otherwise prohibited you cannot be in possession of a firearm anyways, and are out of luck.

 

[MedWheeler]

Of course, keep in mind there is no protection written into the statute for unlicensed carry while returning to the disaster/evacuation area, or anywhere else, after the storm has passed.

And, yes, the evacuee must be departing an area under a mandatory evacuation order. Others leaving areas not covered by such orders would not be exempted from the "pass" on needing a CWFL to carry on their persons.

From the statute:

This section does not apply to:
(a) A person who carries a concealed weapon, or a person who may lawfully possess a firearm and who carries a concealed firearm, on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a state of emergency declared by the Governor pursuant to chapter 252 or declared by a local authority pursuant to chapter 870.

As used in this subsection, the term “in the act of evacuating” means the immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered. The 48 hours may be extended by an order issued by the Governor.

 

[southoftheboarder]

What if a person was evacuating say to the state of Georgia. Would they not have to abide in their laws. I know states have reciprocating laws but not all honor other states CWC. I live in Virginia and Georgia does not recognize Virginia's concealed carry permits. I was traveling to Florida so I contacted the Georgia State Police and they told me to keep my Glock in the trunk of my car and it had to be unloaded while traveling through the state.

 

[Frank Ettin]

What if a person was evacuating say to the state of Georgia. ....

The Florida law noted by the OP applies only under very narrow and specific circumstances. It would not apply once someone has left the State of Florida.

 

[Jack B.]

The 2017 Florida Statutes

Title XLVI
CRIMES Chapter 790
WEAPONS AND FIREARMS View Entire Chapter
F.S. 790.01
790.01 Unlicensed carrying of concealed weapons or concealed firearms.—
(1) Except as provided in subsection (3), a person who is not licensed under s. 790.06 and who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Except as provided in subsection (3), a person who is not licensed under s. 790.06 and who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) This section does not apply to:
(a) A person who carries a concealed weapon, or a person who may lawfully possess a firearm and who carries a concealed firearm, on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a state of emergency declared by the Governor pursuant to chapter 252 or declared by a local authority pursuant to chapter 870. As used in this subsection, the term “in the act of evacuating” means the immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered. The 48 hours may be extended by an order issued by the Governor.


The law seems very specific that you must be in the act of evacuating not doing something else ,like going to buy gas or going shopping for supplies.

 

[MedWheeler]

Southoftheborder writes:

I was traveling to Florida so I contacted the Georgia State Police and they told me to keep my Glock in the trunk of my car and it had to be unloaded while traveling through the state.

Though this delves somewhat from thread-topic, the law in Georgia does not necessarily require that. A "non-prohibited person" may possess a weapon, handgun, or long gun, openly or concealed, while within their home, motor vehicle, or place of business, without a Georgia carry license or any other license or permit honored by the state.

O.C.G.A. 16-11-126 (2010)
16-11-126. Possession and carrying a concealed weapon; penalty for violating licensing requirement


(a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license.

 

[armoredman]

That Florida statute is excellent. Now if they went Constitutional Carry it would become unnecessary. Still, glad to see someone was thinking ahead.