Dorian – Hurricane Evacuation and Guns

What is Florida law regarding transporting your firearms during storm evacuation?

What is Florida law regarding transporting your firearms and carry a concealed weapon during storm evacuation?

Florida law pertaining to firearms and the carrying of a concealed weapon during storm evacuation is addressed in Florida Statute: 790.01 (3)(a). See excerpt below.

The content of this message is for informational purposes only. Nothing contained within is intended to be or should be considered legal advice. For legal advice, consult a licensed Florida attorney.

The message below has been reprinted from an earlier 2015 post.

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If you were not aware or in doubt, the following Florida law went into effect May 21, 2015 upon signing . . . .

Gov. Scott signs Florida emergency concealed carry bill

5/22/15 | by Chris Eger

It will now be legal for gun owners in the Sunshine State to temporarily carry concealed handguns without a permit during periods when the sun isn’t shining so bright.

Now law is a measure to allow law-abiding citizens without concealed carry licenses to bear arms during declared mandatory evacuations.   A reboot of a failed 2014 bill that was killed in last minute political maneuvering, this session’s effort had an easier go of it after police lobby groups embraced the proposal. It passed the Republican-controlled Senate in an easy 29-10 vote while the House last month approved it by a 86-26 margin.

“As Hurricane Season approaches it’s critical that our rights are protected during natural disasters,” advised Sen. Jeff Brandes, R-Petersburg, in a statement. “With the signing of SB 290, all lawful gun owners will be permitted to carry a concealed weapon if they are complying with a mandatory evacuation during a state of emergency. I’m proud to have sponsored this bipartisan bill ensuring that we have the right to protect our families during these sometimes chaotic times.”

Brandes bill, SB 290, creates an exception to Florida’s prohibition against concealed carry of a weapon without a permit by allowing adults not otherwise prohibited from possessing a firearm to temporally do so while evacuating. The law allows for a 48-hour window that this would be allowed after the evacuation has been ordered. However, the governor can authorize an extension as needed.

Such evacuation orders occur frequently in the state, most often associated with hurricane threats. Florida, with hundreds of miles of coastline in the North Atlantic and Gulf of Mexico, is prone to severe hurricanes. Since 2000, no less than 63 tropical or subtropical cyclones have affected Florida, more than any other state.

Second Amendment advocates in the state refer to the new law as true common-sense gun legislation.

“This bill is a no-brainer, particularly in Florida with our hurricane exposure,” Marion Hammer, president of the Unified Sportsmen of Florida and past president of the National Rifle Association, told Guns.com Thursday. “When you’re ordered to evacuate — to take your kids, your dog and valuables and flee — the last thing you should leave behind is your gun.”

People have a responsibility to defend themselves and their family, “so taking firearms with you is not only your right, it is your responsibly,” said Hammer.

The law was effective Thursday at signing while the Atlantic hurricane season begins June 1.

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Evacuating Ahead of Irma – Secure Firearms

ATF warns gun owners to secure firearms ahead of Hurricane Irma

by: Ken Tyndall – Sep 6, 2017

ORLANDO, Fla. – As Hurricane Irma approaches land, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives is encouraging gun owners to make sure they don’t become victims of post-storm looting.

Hurricane 02“In the storms, we’ll go back to (Hurricane) Harvey, where again, people are taking advantage of the fact that there’s no on in the home,” ATF Special Agent Daryl McCrary said. “They’re going out, sometimes in the midst of the storm, or very soon after the storm, and they’re looting.”

Firearms are a particularly targeted item for looters, McCrary said.guns safe 01

“If you have firearms that are not secure in your residence, those firearms are going to be taken, and there’s a high probability those firearms are going to be used in crimes, in violent crimes, and we’re trying to prevent that,” he said.

Gun stores are also targeted by thieves during major storms, McCrary said.

“We know that in the past, during these storms, we know in Hurricane Harvey, individuals, nefarious criminals, took advantage of the storm and did go out and break into gun stores to steal guns,” he said. “And this also occurred last year during Hurricane Matthew.”

McCrary encouraged gun owners to make plans for securing their firearms now, in case they have to leave their home without much notice.

“We’re going to have people under mandatory evacuation that may have to leave their homes quickly,” he said. “We’re asking, and highly suggesting, that they have a firearms record, that is, that they can use their mobile phones to take a picture of that firearm, so that they would be able to identify it.”

If you are a victim of a firearms theft, you should notify ATF immediately at 202-648-7200 or 888-930-9275. Also, if possible email a completed ATF Form 3310.11 to stolenfirearmsprogrammanager@atf.gov.

Florida residents who want to take their National Firearms Act (NFA) items with them if they evacuate can submit an ATF Form 5320.20 to nfafax@atf.gov ATTENTION: Chuck HURRICANE IRMA (In the heading)

Florida residents evacuating by common carriers (airlines, railroad, bus) should make sure to notify the carrier of the firearm and have it stowed unloaded in checked baggage.