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Buckeye Reporter

Tuesday, November 5, 2024

Okeechobee retracts controversial gun sales ban amid legal challenge

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Dean Rieck, Executive Director at Buckeye Firearms Association | LinkedIn

Dean Rieck, Executive Director at Buckeye Firearms Association | LinkedIn

The city of Okeechobee, Florida, recently faced scrutiny for adopting an ordinance that prohibited the sale of firearms and ammunition during Hurricane Helene. This measure also restricted firearm possession in public to law enforcement and military personnel. The ordinance was signed by Donald C. Hagan, Chief of the Okeechobee Police Department.

Florida Carry Inc., a pro-gun organization, sent a letter to the Okeechobee City Council and Chief Hagan on September 28. The letter warned that the ordinance violated Florida's preemption statute, which reserves firearm regulation to the state legislature. Eric J. Friday, General Counsel for Florida Carry Inc., stated that officials who breach this statute could face removal from office and personal fines up to $5,000.

"As a Florida registered non-profit membership organization representing the interests of defensive weapons and firearms owners who lawfully carry throughout the state, Florida Carry has the necessary standing to initiate legal action regarding this issue to ensure compliance with state law and the cessation of these violations of fundamental civil rights," Friday wrote.

The letter demanded a repeal within 30 days and sought $30,000 in damages and attorneys' fees. Friday noted that no violent acts or lawful authority defiance justified invoking an unrelated state statute used as grounds for the ordinance.

Sean Caranna, co-founder and executive director of Florida Carry Inc., criticized city officials' intentions: "They should call this ordinance the 'City of Okeechobee looter protection act.'"

Following backlash, Okeechobee rescinded its emergency declaration related to firearms on September 30.

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