House Passes Firearm, Ammo Repeal Ban in State of Emergencies

The Florida House of Representatives passed a bill 86-28 on Wednesday that would repeal a Florida Statute on the restriction of firearm or ammunition purchases during a declared state of emergency.

Reps. Monique Miller (R-Palm Bay) and Debbie Mayfield (R-Melbourne) sponsored the bill (HB 6025). Rep. Miller explained the bill to the House chamber.

"When Floridians most need the ability to defend themselves, their families, and their property, Florida Statute strictly prohibits it," Miller said. "This bill would repeal section 870.044 of Florida Statute, which currently establishes automatic limits on the possession and carrying of firearms and ammunition when an emergency is declared."

Rep. Michael "Mike" Gottlieb (D-Davie) asked Miller if the repeal applied anywhere, regardless of where the state of emergency occurred.

"We are removing that restriction everywhere all the time. Even during an emergency, you would not have any restrictions on the purchase of firearms and ammunition," Miller said.

Another Democrat, Rep. Angie Nixon (D-Jacksonville), asked Miller what specifically defined a state of emergency under the bill's repeal.

"This could be any type of emergency. Some could be declared by the governor. Some could be declared by the health professionals. Any of those would apply," Miller said.

In debate, Rep. Nixon said she was concerned the bill could terrorize a community. As an example, she mentioned Kyle Rittenhouse, who crossed state lines from Illinois to Wisconsin with a gun and killed two people amid protests after the shooting of Jacob Blake.

"It's a state of emergency. We shouldn't be worried about purchasing guns during a state of emergency," Nixon said. We should be worrying about keeping people safe. This does the exact opposite of that."

Rep. Rachel Sanders Plakon (R-Seminole) said the bill restores the fundamental right of law-abiding citizens to protect themselves even in chaotic times.

"When our communities are gripped by unrest or emergency. When the lights go out. When the sirens grow louder. When the sense of order is fading. That is precisely the moment when Floridians deserve the freedom to defend themselves, their children, their homes, and their livelihood," Sanders Plakon said.

Sen. Blaise Ingoglia (R-Spring) filed an identical bill (SB 952) in the Senate. In a previous meeting, Sen. Ingoglia said the provision was at most unconstitutional.

He also called language in the Statute "chilling" by having to say law-abiding citizens would not have their firearms confiscated during emergency measures. Ingoglia said the language "probably" violates the Second Amendment.

The Senate bill is heading to the Senate floor for consideration.

If fully passed and signed by Gov. Ron DeSantis, the bill will take effect upon becoming law.