Saturday, April 11, 2015

FL: 2A Rights During Emergency Bill goes to Governor Scott

Florida second amendment supporters have been attempting to push a gun law reform that eliminate the current requirement that most gun owners leave their firearms at home during mandatory evacuations, potentially making them vulnerable to looters.   From the bill, SB 290:
(2) Except as provided in subsection (3), a person who is 22 not licensed under s. 790.06 and who carries a concealed firearm
23 on or about his or her person commits a felony of the third
24 degree, punishable as provided in s. 775.082, s. 775.083, or s.
25 775.084.
26 (3) This section does not apply to: a person licensed to 27 carry a concealed weapon or a concealed firearm pursuant to the 28 provisions of s. 790.06. 29 (a) A person who carries a concealed weapon, or a person 30 who may lawfully possess a firearm and who carries a concealed 31 firearm, on or about his or her person while in the act of 32 evacuating during a mandatory evacuation order issued during a 33 state of emergency declared by the Governor pursuant to chapter 34 252 or declared by a local authority pursuant to chapter 870.
Last year the measure was torpedoed in the Senate by the Sheriff's association.  This year it has passed both the Senate, 29 to 10, and the House 86 to 26.   Both votes are comfortably veto proof, but politicians are often loathe to override a governor of the same party.   The bill should be on Governor Scott's desk shortly.  From   
A measure that would allow people without concealed-weapons permits to pocket their legally owned guns during a declared emergency is now headed to the governor.
I haven't found any indication that Governor Scott will sign or veto the bill.   It is a relatively modest reform.   When the legislature is in session, the Governor has seven days to veto or sign a bill.   If the legislature adjourns, sine die, he has fifteen days.  The legislature has the option to override a veto if it happens while the legislature is in session, or if it has adjourned, it has the opportunity to override the veto in the next session.  If the Governor does not veto the bill, and does not sign it, it becomes law.  From the Florida Constitution:
(a) Every bill passed by the legislature shall be presented to the governor for approval and shall become a law if the governor approves and signs it, or fails to veto it within seven consecutive days after presentation. If during that period or on the seventh day the legislature adjourns sine die or takes a recess of more than thirty days, the governor shall have fifteen consecutive days from the date of presentation to act on the bill. In all cases except general appropriation bills, the veto shall extend to the entire bill. The governor may veto any specific appropriation in a general appropriation bill, but may not veto any qualification or restriction without also vetoing the appropriation to which it relates.
It appears that SB 290 has not yet been presented to Governor Scott, so the time periods have not yet started.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
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1 comment:

Wireless.Phil said...

Why would anyone evacuate and leave a firearm behind to be stolen?