Supplemental Information

January 9, 2016

There are no specific definitions in the State of Florida regarding what is a loaded firearm.

Emergency powers for the state:

Title XLVI Chapter 870 Affrays; Riots; Routs; Unlawful Assemblies

870.044 Automatic Emergency Measures.—Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, the following acts shall be prohibited during the period of said emergency throughout the jurisdiction: (1) The sale of, or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size or description. (2) The intentional display, after the emergency is declared, by or in any store or shop of any ammunition or gun or other firearm of any size or description. (3) The intentional possession in a public place of a firearm by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of her or his duty. Nothing contained in this chapter shall be construed to authorize the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in a criminal act.

252.36 Emergency Management Powers of the Governor.— (Edited for Length) (h) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles. However, nothing contained in ss. 252.31-252.90 shall be construed to authorize the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in the commission of a criminal act

Note – Federal laws can trump state laws during a state of emergency or when the state is receiving specific funds.

Note – The Governor can also put special controls in place or issue a proclamation on what defines an emergency.