Western Reader
Officials in Okeechobee, Florida, are facing repercussions after mistakenly implementing an emergency ordinance that banned the sale of guns and ammunition. The ordinance, enacted just before Hurricane Helene hit, raised concerns as it violated Florida’s law against local governments regulating firearms, which is reserved for the state legislature.
The controversial ordinance, supported by the city council and signed by Police Chief Donald Hagan, prohibited public possession of firearms except for law enforcement and military personnel.
Although the city claimed the ban was an error caused by using an outdated form, it drew criticism from pro-Second Amendment groups and residents who saw it as a breach of their rights.
Florida Carry, a pro-gun organization, promptly sent a letter demanding the repeal of the ordinance within 30 days, threatening legal action and seeking damages and legal fees.
City officials stated that the ban was never enforced, but according to Florida law, violating the preemption statute can result in fines, with each council member and Police Chief Hagan possibly facing a $5,000 personal fine.
Despite the city attorney arguing against the fine due to it being a clerical error with no harm done, critics emphasize that ignorance of the law is not an excuse, especially concerning fundamental rights.
Critics fear that excusing such errors could set a dangerous precedent for other municipalities to attempt similar bans under the guise of mistakes. The repeal of the ordinance is underway, but more legal challenges may follow, serving as a lesson for other Florida cities considering similar actions during emergencies.
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