Panel repeals statute that allowed sales bans during declared emergencies amid Second Amendment concerns

2544656 · March 11, 2025
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Summary

SB 952, repealing Florida statute 870.044 that automatically prohibited sale, display or possession of firearms and ammunition during a declared state of emergency, was reported favorably after supporters described municipal confusion and cited past examples.

The Judiciary Committee voted to report favorably on SB 952, a bill that repeals Florida Statute 870.044, the provision that automatically restricted the sale, display and possession of firearms and ammunition during a declared state of emergency.

Sponsor Senator Angolia said the statute created confusion and, in some cases, led to local ordinances that were subsequently rescinded; he cited a September 26, 2024, incident in Okeechobee where a local emergency ordinance briefly prohibited sales before being repealed. Supporters — including multiple gun-rights organizations and firearms trade groups — testified in favor and urged repeal. Speakers cited historical incidents during Katrina and the COVID-19 pandemic where local governments enacted similar restrictions and argued that such prohibitions can leave residents unable to protect themselves in times of elevated risk.

Vice Chair Smith and other senators asked clarifying questions about the statute's text, whether it applied only to particular types of emergencies (civil unrest, riots) or broadly (natural disasters, public-health emergencies), and whether the repeal would limit a local official's ability to respond to specific instances of public disorder. Sponsor and supporters said the statute created confusion and that repeal would prevent local officials from using emergency declarations to restrict core Second Amendment rights.

After debate, the committee recorded a unanimous favorable vote to report SB 952.