March 5th, 2012 11:08 AM
Your States Emergency Powers Act and Firearms.
Handgunlaw.us is going to add the states law on Emergency Powers and if the state has the right to confiscate firearms doing a Declared Emergency. I was just going to put YES or NO and the Alpha/Numeric code for the law but some states have things in their emergency powers law that people need to know. In GA for example the law is very explicit that if rescued you may have to give up your firearm until you are relocated and then they must return it to you. Some states say they can stop the selling of Guns, Ammo etc but can’t take the firearms you legally own at the time of the Emergency. I believe people need to know their states laws.
If you could assist me in this effort it would be greatly appreciated. I don’t need all the law. Just the Alpha/Numeric code for the law like 14-45-398 or where I can find it in the states code. I will look it up anyways to confirm and most likely put a link to the law so people can view the law for themselves. If you could post the states name and Code, Example: Georgia O.C.G.A. § 38-3-51 or email me the info at email@example.com that is all I need. Thank you for any assistance you can give Handgunlaw.us in this matter. It is very much appreciated and will save me many hours of searching.
Member Armed Citizens Legal Defense Network
March 5th, 2012 11:24 AM
IMHO, Virginia will sort of has such protection, come July 1, 2012.
Virginia just passed and sign into law a bill to "clearly establish Emergency services and disasters; constitutional rights" according to its patron.
It provides that nothing in the Emergency Services and Disaster Law shall be interpreted to limit or prohibit the otherwise lawful possession, carrying, transportation, sale, or transfer of firearms -- with an escape clause for carry in shelters, which I don't like.
It modifies § 44-146.15 of the Code of Virginia
Text of changes to code found at Bill Tracking - 2012 session > Legislation
IMHO, if this "in a shelter issue" is a pattern across States, you might want to put two "YES or NO" flags on your great site.
Nothing in this chapter is to be construed to:
(3) Empower the Governor, any political subdivision, or any other governmental authority to in any way limit or prohibit
the rights of the people to keep and bear arms as guaranteed by Article I, Section 13 of the Constitution of Virginia or the Second Amendment of the Constitution of the United States, including the otherwise
lawful possession, carrying, transportation,
sale, or transfer of firearms except to the extent necessary to ensure public safety in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth,
or any other governmental entity as an emergency shelter or for the purpose of sheltering persons;
Last edited by DaveH; March 5th, 2012 at 04:59 PM.
Reason: Made clear that the "cpearly establish" was not my opinion
I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.
I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.
Veni, Vidi, Velcro
March 5th, 2012 11:33 AM
In response to the seizure of firearms following the May 2007 Greensburg tornado, the State of Kansas enacted:
K.S.A. 48-959 Seizure of Firearms prohibited during Official State of Emergency
K.S.A. 48-925(c) defines powers which the Governor may enact during a declared State of Emergency: Powers of Governor
The Greensburg back story can be found here: Greensburg Gun Confiscations
... (5) direct and compel the evacuation of all or part of the population from any area of the state stricken or threatened by a disaster, if the governor deems this action necessary for the preservation of life or other disaster mitigation, response or recovery;
(6) prescribe routes, modes of transportation and destinations in connection with such evacuation;
(7) control ingress and egress of persons and animals to and from a disaster area, the movement of persons and animals within the area and the occupancy by persons and animals of premises therein;
(8) suspend or limit the sale, dispensing or transportation of alcoholic beverages, explosives and combustibles; ...
The corresponding Federal statute is 42 USC § 5207: FIREARMS POLICIES
Last edited by Ksthumper; March 5th, 2012 at 12:58 PM.
March 5th, 2012 11:38 AM
Gary, you are always putting such good info on your site. Things I would never consider. A big THANK YOU!
"Marines don't surrender-they win or die." from Brute
March 5th, 2012 11:49 AM
whats that old sayin, somthin about cold dead hands?
March 5th, 2012 12:08 PM
Oklahoma's general emergency powers appropriation appears to be in §63-683. More specifically relevant might be §63 683.9, section 5: [During a state of emergency, the governor has the power] To perform and exercise such other functions, powers, and duties as are necessary to promote and secure the safety and protection of the civilian population and to carry out the provisions of the Emergency Operations Plan in a national or state emergency.
It's pretty vague. Nowhere does it outright state that the governor/government can confiscate firearms during an emergency, but I'm sure any savvy politician could pull it out of there somewhere. The people might be able to fight it, but probably only after it was all said and done.
This post may contain material offensive to those who lack wit, humor, common sense and/or supporting factual or anecdotal evidence. All statements and assertions contained herein may be subject to literary devices not limited to: irony, metaphor, allusion and dripping sarcasm.
March 5th, 2012 12:12 PM
For MI, Public Act 546 of 2006. http://www.legislature.mi.gov/docume...06-PA-0546.pdf
A snippet of text from the act below for the quick answer.
(3) Subsection (1) does not authorize the seizure, taking, or confiscation of lawfully possessed firearms, ammunition,
or other weapons.
March 5th, 2012 12:45 PM
42 U.S.C. 5201
Public Law No: 109-295
The above is Federal law prohibiting the States from confiscating firearms during an emergency. Even more so if the State is receiving Federal funding for disaster relief.
SB 1425 - Prohibition of Confiscation of Firearms During an Emergency
This bill passed the AZ House and Senate, but was vetoed by then Governor Janet Napolitano.
The Senate Veto Override failed on April 26, 2006
So, for Arizona, at least at this point in time has no law prohibiting confiscation during an emergency.
March 5th, 2012 12:53 PM
The NH House just voted to repeal the NH Emergeney Powers Act on 2 Feb. It is going to the Senate which is expected to vote to repeal it also.
March 5th, 2012 12:57 PM
Varmiter, Look at the Fed Law. I believe it only applies to Federal Employees and not to the states. I am putting that fed law on the USA Page.
Member Armed Citizens Legal Defense Network
March 5th, 2012 01:03 PM
AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES
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.
"There is a secret pride in every human heart that revolts at tyranny. You may order and drive an individual, but you cannot make him respect you." William Hazlitt (1778 - 1830)
Best Choices for Self Defense Ammunition
March 5th, 2012 01:11 PM
2009 Pennsylvania House Bill 492, the "Emergency Health Powers Act"
Section 2523-D. Effect of declaration.
(b) Emergency powers of Governor.-During a state of public
health emergency, the Governor may:
(4) Mobilize all or any part of the Pennsylvania
National Guard into service of the Commonwealth. An order
directing the Pennsylvania National Guard to report for
active duty shall state the purpose for which it is mobilized
and the objectives to be accomplished.
Section 2532-D. Access to and control of facilities and
The public health authority may exercise, for such period as
the state of public health emergency exists, the following
powers concerning facilities, materials, roads or public areas:
(3) To control, restrict and regulate by rationing and
using quotas, prohibitions on shipments, price fixing,
allocation or other means, the use, sale, dispensing,
distribution or transportation of food, fuel, clothing and
other commodities, alcoholic beverages, firearms, explosives
and combustibles, as may be reasonable and necessary for
March 5th, 2012 01:14 PM
Help me out with this...it appears, if I'm reading paragraph (3) correctly, that during a declared emergency our CWFL is not valid to carry in a public place.
Originally Posted by sgb
"The beauty of the Second Amendment is that it will not be needed until they try to take it".
March 5th, 2012 01:22 PM
You are probably right. The original bill wording got changed before becoming law. However, the tiny part of one clause “or receiving federal funds” tells me that if a state is receiving federal funds, and they confiscate firearms, they (the states) are violating Federal law.
But I’m probably wrong.
March 5th, 2012 01:24 PM
Chris, You are correct. I missed the part about Federal Funds. In many cases the feds don't give money till way later and it could be an emergency for a city or county. I will put a link to the Fed Law on each state entry.
Member Armed Citizens Legal Defense Network
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