Florida Police Chief Claims Gun Ban Was An Accident

Last week, during Hurricane Helene, the City of Okeechobee banned the sale, display, or carrying of firearms and ammunition during the state of emergency. The notice of this ban went viral, with many sharing what they believed to be an unconstitutional order.

Now we have answers from the mayor, city council, and the sheriff who signed the order. Florida State Director Luis Valdes traveled to Okeechobee to speak with all concerned parties. Police Chief Donald C. Hagan II did try to suspend gun rights during the hurricane, but he is now claiming it was a misunderstanding and a mistake. The Mayor and City Council are now on record, stating it was just a mix-up.

.@GunOwners on the ground in Okeechobee, getting answers for why the city passed a gun ban during Hurricane Helene. You can listen to the audio where I confront the City Council on this issue. More importantly, you can hear the Mayor apologize to GOA for violating the 2A. pic.twitter.com/m49dTAzP5J

— Luis Valdes (@RealFLGunLobby) October 1, 2024

Mr. Valdes issued the following statement to AmmoLand News:

Yesterday, GOA was in Okeechobee. As GOA’s FL State Director, I spoke directly with the Mayor and Police Chief. Both profusely apologized for what happened. They said they never intended to violate anyone’s Second Amendment rights. Furthermore, Chief Hagan told me that he personally rescinded the order when he realized that it violated the Second Amendment. He said he’s one of the biggest gun guys in town and even supports open carry being legalized.

But the mistake happened because he was signing a number of documents before the storm and he didn’t catch that one when it crossed his desk. Plus, that the declaration has been on the books going back a number of years, and no one really paid it any attention. In the end, he admitted that the buck stopped with him and that he would never have enforced such an order, which is why he rescinded it.

I can tell you this: the area is very pro-gun community, so seeing this happen there was shocking. The question that still needs to be answered is why such an order was drafted in the first place years ago. And more importantly, while the Chief was sincere with me. The buck does stop with him. The same goes for the Mayor. They both need to really fix the way the city is run because a mistake like this could have cost someone’s civil rights, their freedoms, and possibly their life.

So, I can do believe that this happened not through malicious malfeasance, but because of institutional incompetency. Luckily, no one had their rights personally violated by this. But institutional incompetency is no excuse, and there needs to be consequences for what happened. I can tell you, when I was a cop if I screwed up, I was still held accountable. The City of Okeechobee needs to be held accountable, and one way is they can now serve as an example to numerous other cities and towns across Florida on what not to do.”

When the hurricane approached the city, the mayor and others signed standard orders for a state of emergency. Police Chief Hagan was busy preparing his force to deal with the fallout when an emergency decree was placed on his desk. The order wasn’t just written as some reported but was a form created 20 years ago and never updated. Chief Hagan signed the letter without reading it, kicking off a gun ban.

Once it was realized what was in the letter, Chief Hagan reversed course and left the ban on the display, sale, or carrying of firearms and ammunition, but it was too late. Images of the signed proclamation started making its rounds, and gun rights groups began sending letters and calling the Governor.

Florida Governor Ron DeSantis called the city to demand the order be lifted, but it had already been rescinded at the time of the call. Florida Carry also submitted a letter informing the city of the law’s unconstitutionality. The city fielded calls from around the country. During the brief period that the order was in effect, no one was arrested or charged with violating it. The mayor, police chief, and council were all apologetic for the confusion.

If the police chief and the city are to be believed, it shows a more significant problem in Okeechobee and across the country. Many localities have a set standard for natural disasters that seldom get updated. When an actual emergency happens, officials sign the documents without reading what they are signing. These blind signatures lead to confusion not only among the public but also among law enforcement and the officials themselves.

History shows that those sometimes follow these unlawful orders in power. During Hurricane Katrina, local law enforcement and the National Guard disarmed citizens of New Orleans despite rampant crime and looting, making many into helpless victims to roaming marauders. During COVID, other cities tried to shut down gun shops in the name of “public safety.”

All these orders are unconstitutional and, under Bruen, are unenforceable. Local officials often know this but pass the orders anyway until they get sued. Other times, like presumably in Okeechobee, the orders are never updated to keep up with court law. Citizens must demand their local officials examine its documents to ensure no unlawful orders exist.

About John Crump

Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.