Done Fucked Up

I noticed right away that Chief Hagen had not read an important part of 870.044.  That'd be the reference, "pursuant to s. 870.043.

He quotes most of 870.044...

Title XLVI CRIMES

Chapter 870 AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES

SECTION 044Automatic emergency measures.

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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.

History.—ss. 4, 5, ch. 70-990; s. 1401, ch. 97-102; s. 2, ch. 2006-100.

That part I've highlighted is important (h/t Erin).  But far more important is what 870.043 says about WHEN you can evoke 870.044!

Title XLVI CRIMES

Chapter 870 AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES

SECTION 043Declaration of emergency.

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870.043 Declaration of emergency.—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.

History.—s. 3, ch. 70-990; s. 1400, ch. 97-102.

Where's the riot, Chief?  870.044 isn't for just any emergency, it's for a specific kind of emergency.  More along the lines of reining in the KKK or "mostly peaceful" protesting.

I think Donald has stepped in it here.  GOA-Florida is on it and we have a statute that lets us sue government busybodies who get gun stuff wrong.  They don't even get to hide behind their office.

FFS, I'm not even a lawyer and I keep discovering just how ignorant cops and elected officials are about the law.