Local officials in Okeechobee, Florida, are facing backlash and possible penalties after enacting an emergency ordinance that temporarily banned the sale of guns and ammunition. The order was passed just before Hurricane Helene made landfall, raising significant concerns about the violation of Florida’s preemption law, which bars local governments from regulating firearms. This law ensures that only the state legislature can impose restrictions on gun ownership and sales.
The controversial ordinance, which was signed by Police Chief Donald Hagan and supported by the five-member city council, prohibited public firearm possession by anyone other than law enforcement or military personnel.
If your initial response is to suspend the rights of the citizens you serve, perhaps public office isn't in your wheelhouse.
Florida Police Chief Still Hiding from Public After Hurricane Gun Ban Gaffe https://t.co/kXbP61QMF7 via @The Truth About Guns
— Southern Slice Of Life (@Slicesouth) October 15, 2024
Although the city later claimed that the ban was a mistake—resulting from the use of an outdated form—the damage had already been done. Okeechobee officials were quickly criticized by pro-Second Amendment groups and local citizens who saw this as an infringement on their constitutional rights.
Florida Carry, a pro-gun organization, responded swiftly by sending a demand letter to the city, warning that the ordinance violated the state’s preemption law. In this letter, Florida Carry threatened legal action if the ordinance was not repealed within 30 days. The group also demanded $30,000 in damages and attorney fees to settle the matter before litigation.
Remember the Parkland shooting? 17 people were murdered. Politicians said: ban guns!
Just months later, a man opened fire at another school event in Florida.
But no one died, because a street vendor had a gun and stopped the shooter.
Here’s why stories like that go unheard: pic.twitter.com/TmlEreO664
— John Stossel (@JohnStossel) September 13, 2024
Despite city officials maintaining that the ban was never enforced, Florida law is clear: a violation of the preemption statute does not require enforcement to trigger penalties. As such, each member of the Okeechobee City Council, along with Police Chief Hagan, could face a personal fine of $5,000, as stipulated under Florida law. Importantly, they are prohibited from using taxpayer money to cover these fines.
John J. Fumero, Okeechobee’s city attorney, has argued that the fine should not apply because the ban was a result of clerical error, and no harm was done since the ordinance was not enforced. However, this defense has done little to pacify gun rights advocates, who argue that ignorance of the law is no excuse, particularly when it comes to fundamental rights.
Critics of the ordinance have expressed concern that allowing such mistakes to slide would set a dangerous precedent. They warn that if Okeechobee officials escape unscathed, other municipalities may try to implement similar bans under the guise of error, only to reverse course if caught. Florida’s preemption statute is designed precisely to prevent local governments from interfering with the constitutional rights of its citizens, and it carries stiff penalties to ensure.
For now, Okeechobee officials have been forced to repeal the ordinance, and they may soon find themselves facing additional legal challenges. With groups like Florida Carry keeping a close watch, the controversy serves as a cautionary tale for other cities in the Sunshine State considering similar measures during emergencies.
