Before Hurricane Helene made landfall, several municipalities in Florida declared local states of emergency to ensure they would be available for state and federal funds needed for expected storm-related cleanup and repair. As earlier reported on TTAG and other gun websites and news outlets, the city of Okeechobee went so far in theirs as to ban the sale of guns and ammunition and prohibited public firearm possession by anyone other than law enforcement or military members.
The move brought an instant reaction from citizens across the country who saw this as an illegal restriction of constitutional rights. The response amounted to today’s social media version of a tar and feathering and much of the anger was directed toward the man who signed the order, Okeechobee Police Chief Donald Hagan.
Police officials are now claiming to 12 News in Florida that the signing of the order was all just a big mistake. Late yesterday, the Okeechobee Police Department admitted to enacting the wrong declaration last week, which mistakenly included a gun ban.
The order, signed by Hagan on Thursday, September 26, cited Florida Statute 870.044, which prohibits the sale of guns and ammunition and restricts public firearm possession by anyone other than law enforcement or military personnel. The Firearms Policy Coalition (FPC) quickly called out the city on social media, bringing national attention to the issue.
However, just as quickly as it was enacted, the police department terminated the emergency order, admitting that it had been a mistake.
“This is something that was mistakenly enacted. Once we learned that the emergency order was not the one we intended to declare, we immediately terminated it,” Detective Jarret Romanello, the department’s Public Information Officer, told 12 News on Monday.
But how is that even possible? In the order shared with TTAG readers just earlier today, what is banned by the order is clearly written and signed by the chief. It is a simple one-page declaration, not a section in a larger bound document that might have been overlooked.
Romanello told 12 News that Police Chief Hagan was not present during the fallout because he had received so many personal attacks from angry citizens across the country.
“Most of the noise is coming from people that live outside the city of Okeechobee,” Romanello added, which is not uncommon when such a situation gains national attention.
It’s worth wondering though, how a police chief—or any city official for that matter—could “accidentally” outlaw guns—even temporarily—in a state where the right to bear arms is so deeply ingrained.
Local gun stores, like Wild Side Pawn and Gun, reported to 12 News that they didn’t suffer any direct impact from the order.
“At no time did any Okeechobee City Police Department officers take any enforcement action pursuant to the declaration. No guns were seized. No businesses were approached or told to take down their firearms,” Romanello also clarified.
He assured citizens that the Okeechobee Police Department “very much supports our Second Amendment” and values the rights of its citizens.
The city released a statement explaining the situation from their perspective as well, and is said to now be conducting a review to determine how such a significant mistake occurred in the first place. Romanello suggested that the declaration may have been intended to fall under Chapter 870 of the Florida Statutes, which restricts firearms during riots or public disorder—not natural disasters like Hurricane Helene. But it’s important that government officials in any capacity understand the laws they are attempting to enforce and this case may be a clear example of that.
City officials plan to provide more answers once the review is complete, but for now, it remains a head-scratcher how a sweeping gun ban made it into an emergency order with no one catching the error before groups like FPC or the Second Amendment Foundation (SAF) jumped all over it and turned it into national news.
Firearms Policy Coalition, a non-profit gun rights organization headquartered in California, recently posted the notice on X, criticizing the police department for adopting the order, which banned the sale of guns and ammunition and prohibited public firearm possession by anyone other than law enforcement or military members.
The order, which initially cited Florida Statute 870.044, went to effect Thursday, September 26 for a few hours. It was signed by Police Chief Donald Hagan ahead of Hurricane Helene’s arrival. The city issued a statement and spoke with CBS12 News about the error.
“This is something that was mistakenly enacted. Once we learned that the emergency order was not the order that we intended to declare, we immediately terminated it,” Det. Jarret Romanello, Public Information Officer for the Okeechobee City Police Department, told CBS12 News on Monday.
Calls and emails started pouring in, despite the termination of the order.
“He’s not here today because he was subject to personal attacks all day from all over this country,” Romanello said, referring to Chief Hagan. “Most of the noise is coming from people that live outside the city of Okeechobee.”
City gun stores, including Wild Side Pawn and Gun in Okeechobee, told CBS12 News they were not impacted by the order.
“At no time did any Okeechobee City Police Department officers take any enforcement action pursuant to the declaration. No guns were seized. No businesses were approached or told to take down their firearms. We very much support our Second Amendment,” Romanello said. “The Okeechobee City Police Department values the civil liberties of all our citizens, and we value the rights of our citizens, including the right to bear arms.
City officials are currently reviewing the incident to understand how the mistake occurred.
“City officials are currently reviewing that matter, and we look forward to providing more answers as soon as that review is complete,” Romanello added.
Romanello suggested that the intended declaration might have been related to a state of emergency under Chapter 870 of the Florida Statutes, which bans carrying or selling guns during riots or public disorder, not natural disasters.
This was an example of testing the water before jumping in the pool. They stuck their toe in and waited for the results to hit their brain. Once they realized the pool. was WAY TO HOT to jump in. They claimed ‘psych’, it was all just a mistake. In our day and time it has become far to easy to apologize when rights have been violated. Even for just a day. I was always taught if you think you may have to apologize for something you say or do. Just don’t say or do it.
Katrina was dipping the toe in the water and was unanimously put down, though way too late. At this point it’s tyrannical and not even up for debate.
You have to understand that Katrina was almost 20 years ago and in that time millions of gun control zealots have been born or indoctrinated into the flock. While millions more either never heard of the injustices that occurred against firearms owners, because they were focused on the death toll or they had no issues with them. Tyrants never stop testing the water of tyranny. Some do it slowly while others just slam the door on freedom and dare you to fight back.
Yep, the Okeechobee PD belatedly realized that they had stepped on their dick.
Okeechobee PD didn’t actually do anything beyond telling people what Florida state law already says!
Note that F.S. 870.044 applies AUTOMATICALLY any time any local politician declares an “emergency” – in Florida that is just about guaranteed to happen a few times every year.
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.
Read “The Great New Orleans Gun Grab: Descent into Anarchy,” by Gordon Hutchinson & Todd Masson.
The blatant civil rights violations of legal gun owners will turn your stomach.
The heroic actions of armed civilians will give you courage.
And it puts the lie on the gun grabbers that “no one has ever confiscated guns in America.”
Free speech is most in need of protection when it is unpalatable and dangerous. Easy speech is easy. What tyrannical mentality could possibly think that when all social norms are out the window and people need self protection the most that disarming good folk is a thing? Did we not learn from Katrina? Our rights are not subject to your emotional insecurity!
This is the unconstitutional statute and must be put down ASAP.
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.
A mistake that shows just how sick Gun Control zealots are.
Your 2.0 Revolution was just banned. LOL.
Charge Okeechobee Police Chief Donald Hagan and make sure he serves prison time and is bankrupted by fines. Make him an example, his dept. claim it was a mistake is lie, and I promise you they would never accept a suspect claiming it was an accident and drop it, they’d still arrest that person, so lets make sure cops know their place. Make Donald Hagan pay dearly and make it public.
2 words Qualified Immunity.
… Two more – ” I misspoke.”
Gov./ V.P. Candidate Walz
Don’t forget, “I’m a knucklehead.”
He is correct.
2 words
I don’t care
” I never learned how to add. “
I suppose the Chief cannot read and if he is signing things without reading them, then I wish I could find his checkbook.
Short moral of the story: Mistake my ass!
Did the chief sign the order to see what was in it?
Ignorance of the law is no excuse. That’s what the poo poo always tells us civilians.
Like it or not, Police Chief Hogan didn’t ban firearms — FLORIDA STATE LAW did!
Perfect timing for Joe’s ‘American’ replacements to ransack & loot properties of people who have evacuated.
Was the order to provide them a safe working environment?
do you really think true gun owners followed this tyrannical rule?
What’s a true gun owner? Is there some kind of metaphysical transformation that takes place when someone buys a gun, or do you have to take part in some kind of cultastic ritual to be considered a “true” gun owner?
“Is there some kind of metaphysical transformation that takes place when someone buys a gun…?”
Only a 1911. It turns you into a bulwark against evil and gives you a +5 against fascism. True fact.
That must be why our government and judiciary is overran with marxists. Not enough people have 1911s.
“What’s a true gun owner?”
A gun owner who can read and understand the constitution.
Why is it these bureaucrats and officials always want to ban 2nd Amendment rights just when Americans need them the most?
Hagan: “Its my signature on the order. But its a, uhhhh, yeah, its a mistake and I’ve suffered personal attacks and didn’t come to work because my feelings are hurt so I’m a victim and you need to feel sorry for me and not be all personal attack’y. But don’t worry, we are investigating how my signature got on the specific order I did not intend to specifically sign and specifically publish about the specific thing with a specific purpose under a specific ordnance cite based upon a specific state statute.”
?
https://www.thetruthaboutguns.com/my-bad-city-officials-now-claim-emergency-order-banning-guns-was-a-mistake/
Webster’s Dictionary definition of ‘redundant’:
See redundant.
So it was rescinded, good. That should be considered at the sentencing hearing.
The only way to stop this kind of carp is to start putting people in prison. The laws are already there, use them.
Mistakes have consequences. Officers depriving citizens of constitutional rights under color of law should lose their jobs and any accrued pension benefits. They should also lose ANY immunity to criminal charges.
No one is above the law.
A Big MISTAKE?!? . . . I’ll SAY! What DEMOCRAT put THIS Unconstitutional order out?
Democrat Ron DeSantis!
Although the City PD order cites Florida Statute 870.045, the restrictions on firearms and ammunition came directly from Florida Statute 870.044 which imposes a ban on all firearms and ammunition sales, commercial display for sale, AND POSSESSION of firearms in public by civilians.
F.S. 870.044 applies AUTOMATICALLY any time a local official declares an “emergency” — in Florida that is just about guaranteed to be several times every year.
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.
Somebody get a rope! A LOT of rope!
Hmm – seems to me that the ‘tone’ of the comments is that a ‘mistake’ was made and someone should be held accountable. That ‘someone’ might very well be that chief. I’m ‘guessing’ that there were other folks involved in the initial decision, perhaps the city attorney or maybe the mayor. A review of their stance(s) on ‘gun control’ might be revealing as to who the culprit is. This ‘order’ certainly didn’t just mysteriously appear, although there have been ‘excuses’ that it was done out of an abundance of ‘caution’ and for the ‘good of the community’. My bet is that some anti saw an opportunity and took advantage.
Officials, Police Chiefs in this case, need to carefully read and consider the impacts, legal status and so on of any and all orders that they sigh. In this case, the chief didn’t, and now, putting it politely, his face is adorned with eggs. Fortunately, no citizens were harmed, which cannot be counted on in the future. Have lessons been learned is a question that the future will answer.
The original order did not cite Florida Statute 870.044, it cited Florida Statute 870.045 which gives cities emergency authority as regards to curfews, regulating alcohol, regulating gasoline and flammable liquids, and closing some places of public assembly, but does not address firearms or ammunition. Florida Statute 870.044 was never mentioned in the original order.
Florida Statute 870.044 applies automatically when local authorities declare an emergency:
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.
So, regardless of what the Police Chief put in his notice, FLORIDA STATE LAW unconstitutionally bans possession of firearms in public during any emergency!
Correction (since TTAG doesn’t allow editing comments). Florida Statute 870.044 is mentioned in the original order, it was omitted at the bottom where the Police Chief cited the basis for their local restrictions. The bans on firearms are all taken verbatim form the state law that applies AUTOMATICALLY any time local authorities declare an “emergency”
“… a state of emergency exists, pursuant to s. 870.043…”
870.043 addresses an emergency declared due to a riot or defiance of public authority. So 870.044 doesn’t seem to me apply to any emergency declaration, but a specific type.
I’m no lawyer, though.
Not any emergency, one declared “pursuant to 870.043“. Read that statute.
“Police officials are now claiming to 12 News in Florida that the signing of the order was all just a big mistake.”
G.D. right it was a big mistake. Now fire, not allow to resign but fire, the SOB.
“However, just as quickly as it was enacted, the police department terminated the emergency order, admitting that it had been a mistake.”
Because they got caught and called out for their B.S. NOT because they saw the error of their ways or had a road to Damascus moment.
Mistake or a flat out violation of the law, for which the party or parties responsible should be removed from office and prosecuted.
There should be no ordinance, whether it is a riot emergency or a weather emergency, that any government entity can reference to impose prior restraint on fundamental human rights.
Not only was the impulse to write and sign such a declaration unconstitutional, but the laws that were “activated ” are also unconstitutional.
If the laws did not exist, the most they could do would be to tell citizens to arm up and make sure they have enough ammo to help out with looters.
Why do they always claim their blatant malfeasance was just an “oopsie” whenever it becomes public knowledge? The only people stupid enough to believe it was an honest mistake are the ones that wholeheartedly agreed with whatever they were doing in the first place.
How can you “mistakenly” sign an order that revokes one-tenth of the Bill of Rights of the U.S. Constitution? Any such order is blatantly unconstitutional, so the fact that they have these “emergency orders” all pre-printed and ready to sign–just fill in the name of the hurricane at the top of the form–is not just terrifying but also tyrannical.
Can you imagine the outcry if they had pre-printed emergency orders saying, “Due to Hurricane [fill in the blank], all 1st Amendment freedom of religion and freedom of speech is revoked.” Or “Due to Hurricane [fill in the blank], the right to trial by jury is revoked.”
Yet in the mainstream media (NBC, ABC, CBS, etc.), there wasn’t a peep about this emergency order, because the part of the Bill of Rights it revoked was the 2nd Amendment, which the mainstream media pretends doesn’t exist and wishes didn’t exist.
The simple and obvious place to start is finding out who drafted the item. Then find out if it was their idea, or who instructed them to do it. These are the extremists you need answers from. These are the dangerous people.
My question is “did he read the document?”, if he did he should have known it was illegal) and if he didn’t read it how many other times has he signed something he didn’t read. There are three options ie. he’s a tyrant, he’s incompetent, or he’s a liar, all are reason to terminate his employment immediately.
Don’t hold your breath waiting for the referenced removal from office, appropriate though it is.
With all due respect: Come And Take Them!
So the Okeechobee chief of police couldn’t come to work because he was “triggered” by the online and telephone outrage …. such a brave guy they have there leading the department … he should go over to Coward County Sheriff’s Dept, he’d fit right in with Deputy Scott Peterson who hid under the stairs at Parkland/Marjorie Stoneman Douglas high school.
Mistake or a flat out violation of the law, for which the party or parties responsible should be removed from office and prosecuted.
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