COVID-19: Threat to Second Amendment

Nothing is more important than protecting ourselves and our families -- especially during these times of uncertainty. Yet, some anti-gun lawmakers are exploiting the COVID-19 pandemic to deny you and your loved ones your fundamental right to self-defense and your Second Amendment rights.

These anti-gun and anti-self defense extremists deem gun stores "non-essential," they shut down issuance of firearm permits, and, in some locations, they have created extreme delays for background checks required for firearm transfers. Some jurisdictions have even put added restrictions on firearm transfers, making it all but impossible for many law-abiding Americans to exercise their Second Amendment rights.

All of this is happening against a backdrop of reported prisoner furloughs and law enforcement only arresting for the most serious of crimes.

Just like you, we know that's wrong.

That is why the NRA will keep a constant watch on what is happening nationwide and will work diligently to ensure that you are able to defend yourself and your family during these unprecedented times. In the past four decades, your NRA has led the way to pass Right-to-Carry, Castle Doctrine, and most important for the current crisis, protection against gun confiscation during declared emergencies. This time is no different.

We hope you find this website useful. Please use it to stay updated on what's happening in your town or state and across the country. If you need help or would like to alert us to something happening in your town or state, please contact us here or send us an email at [email protected].

During these difficult times, your NRA is keeping vigilant watch over your right to buy a gun and to make sure you are able to defend yourself and your family. The NRA fights for all law-abiding gun owners, whether they can afford to donate or not. We understand times are tough. But, if you have the means, please help us keep fighting against those politicians who are determined to strip away our right to self-defense and their billionaire backers. Every dollar counts. We thank you in advance.

If you are unable to help us at this time, please drop us a line and let us know how you and your family are doing. We are always grateful to hear from our members and supporters. Again, a big THANK YOU from all of us here at the NRA.

Stay safe.

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Covid-19 Articles

Click here to view your state's laws on emergency powers and firearms

State preemption law: F.S.A. § 790.33. The state occupies and preempts the entire field of legislation concerning the regulation of firearms and ammunition. Specifically, this includes, "the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation" of firearms and ammunition. The firearms preemption statute provides a minor exemption to allow local authorities the power to enact zoning ordinances that encompass firearms businesses as long as such an ordinance is not designed to restrict the availability and use of firearms and ammunition.

Restrictions on firearms and ammunition in a declared state of emergency: F.S.A. § 252.36. During a declared state of emergency, the governor may "suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles." However, F.S.A. § 252.36(h) makes clear that the governor may not use his emergency authority "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."

F.S.A. § 870.043. Sheriffs and designated officials have further authority to restrict firearms in certain civil disturbance situations. The statute provides,

Whenever the sheriff or designated city official determines that there has been an act of violence or a flagrant and substantial defiance of, or resistance to, a lawful exercise of public authority and that, on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or to property, all of which constitute an imminent threat to public peace or order and to the general welfare of the jurisdiction affected or a part or parts thereof, he or she may declare that a state of emergency exists within that jurisdiction or any part or parts thereof.

A declaration of a state of emergency under F.S.A. § 870.043 automatically triggers a series of firearms prohibitions under F.S.A. § 870.044. This statute provides the following acts are prohibited throughout the jurisdiction for the duration of the emergency.

(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.

However, the statute also makes clear that the government may not confiscate firearms from law-abiding citizens during such an emergency.

F.S.A. § 790.01. An individual may carry a concealed firearm on their person without a concealed weapons license while in the act of evacuating following a mandatory evacuation order issued by the governor during a state of emergency.

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The Washington Free Beacon

Monday, April 20, 2020

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