Florida opts for liberty in emergencies

Two killer hurricanes have ravaged the American Southeast in as many weeks. But as the second approached landfall, Gov. Ron DeSantis (R-Fla.) took a step everyone outside of Florida, missed. He issued an Executive Order declaring the emergency and outlining emergency measures. But in one measure, he forbade his Director of Emergency Management to restrict the sales of firearms in any way. In doing that, Gov. DeSantis opted to trust ordinary citizens, not law-enforcement officers who likely would never be able to arrive on a looting or other violent scene in time, to defend themselves, and to act responsibly. Thus Florida provided a remarkable demonstration of actually trusting a “well-regulated militia” to “secure… a free State” in an emergency.

Relevant text of the Florida executive order

Gov. DeSantis issued Executive Order 24-214 on Saturday, October 5, as Hurricane Milton began its final approach.

This fourteen-page order has standard State emergency boilerplate, with modifications as appropriate to designate particular sections of the Florida Statutes. But everyone missed this text in Section 2 of the order, designating DDEM Kevin Guthrie as State Coordinating Officer:

The State Coordinating Officer shall not have the authority to suspend or limit the sale, dispensing, or transportation of firearms pursuant to section 252.36(6)(h), Florida Statutes.

This refers to Title XVII, Chapter 252 (Emergency Management), Section 36 (Emergency Powers of the Governor). Paragraph (6)(h) reads:

In addition to any other powers conferred upon the Governor by law, she or he may … 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.

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Gov. DeSantis forbade his State Coordinating Officer, acting as a temporary Lieutenant Governor, to exercise those firearms suspension powers. That paragraph could apply to “domestic violence,” within the meaning of Article IV Section 4 of the U.S. Constitution. In withholding that authority from his State Coordinating Officer, the governor made clear that he did not consider Hurricane Milton a “domestic violence” scenario.

This Executive Order came after the city of Okeechobee, Florida, banned firearms and restricted sales as Hurricane Helene approached. City residents cried out in anger, and the mayor had to revoke the suspension and apologize. Gov. DeSantis paid attention, and that one sentence in the Executive Order is the result.

Reaction

One publication that did not miss Section 2 of EO 24-214 was The Orlando Sentinel. Their report noted the “preemption” of Director Guthrie’s authority, and its “unprecedented” nature. The Sentinel suggested that several local media remarked on the change, and connected it to the Okeechobee incident.

Luis Valdez, Florida Director for Gun Owners of America, claims credit for the Okeechobee reversal.

I went straight to the City Council and confronted the Mayor on this issue. The Mayor apologized to us and said the city made a mistake and will never do it again. Luis Valdez

Valdez then stated the obvious:

Floridians have the right to keep and bear arms. The suspension of such a right is a clear violation of the Second Amendment. Such a ban wouldn’t stop criminals, but it sure would hurt the law-abiding.

The only thing a gun ban ever does, is to allow the police to confiscate firearms. (But Section 252.36(6)(h) specifically protects lawful gun owners from confiscation of their lawfully possessed firearms, unless they are committing a crime at the time.)

The online newsletter Truth and Liberty praised Florida for:

exhibit[ing] a firm commitment to the principles safeguarded by the Second Amendment, positioning Florida at the forefront of national dialogues about rights and safety during emergencies.

Those “dialogues” clearly have two sides. One side insists on centralized control at all times. The other side reminds people that an emergency, especially a weather emergency, breaks down the normal reach of lawful authority. The country saw this in the disaster areas from Hurricane Helene. It saw it again after Hurricane Milton crossed Florida.

More to the point, one side fears the people; the other side trusts the people. That which one fears, one seeks to control. Such is the attitude of Gov. Roy Cooper (D-N.C.) and of the Biden-Harris administration. But Florida has a governor who trusts the people and sees himself as their leaders, not their ruler.

Other ways the governor trusts the people

Gov. DeSantis issued a Memorandum for all reporters to see, when he issued EO 24-214. In it he called specific attention to:

[l]anguage in the opening portion of Section 2, which prohibits the suspension of or limitation of the sale, dispensation, or transportation of firearms.

He called further attention to Section 2, Subsection H, which reads:

The State Coordinating Officer shall also have the authority to… direct all state, regional, and local governmental agencies, including law enforcement agencies, to allow Floridians to return to their properties when it is reasonably safe to do so.

Here again Gov. DeSantis differs with and from Gov. Cooper, who did not want to let people return home. Gov. Cooper has earned a nasty reputation for blocking aid to the disaster-stricken counties and tribal areas of his State. Two days ago Donald Trump, on the campaign trail, said:

It has just come out that Democrats in Washington and the Democrat Governor’s Office of North Carolina (Roy Cooper) were blocking people and money from coming into North Carolina to help people in desperate need. Biden knew about it, and so did Kamala! It’s all over the place – A HORRIBLE SITUATION. I will make it up to everyone when we take Office on January 20th. HOLD ON, I’M COMING! Donald Trump

This has fueled conspiracy theories, according to which Gov. Cooper is facilitating a big land grab. Allegedly, some of the lands in the disaster area are rich in lithium. That metal forms the basis for the chemistry of rechargeable batteries, for anything from smartphones to electric vehicles.

Trump has cooperated with Franklin Graham’s Samaritan’s Purse organization, and brought in relief supplies himself. But in Florida he enjoys the full cooperation of Gov. DeSantis. Trump did make one salient contribution: electrical linemen, in the State to restore power in the disaster area, enjoy free accommodations in Trump’s Florida hotels.

More to the point, Florida – like Georgia, South Carolina, Tennessee, and Virginia – opted for preserving liberty. Free people help each other in emergencies. Furthermore, they can do it better than can authorities trying to preserve centralization when the grid is wrecked. North Carolina’s government is divided, and its governor clearly doesn’t believe in liberty. Neither, by the way, does the Biden-Harris administration.