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Your States Emergency Powers Act and Firearms.

Discussion in 'Carry Issues' started by Gary Slider, Mar 5, 2012.

  1. Gary Slider

    Gary Slider

    516
    33
    Nov 16, 2006
    West Virginia
    www.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 admins@handgunlaw.us 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.
     
  2. cadillacguns

    cadillacguns Millennium Member

    4,335
    249
    Jan 20, 1999
    Indianapolis, IN USA
    Seems to me, if at anytime the state I am in Indiana, which is as pro firearms as peanut butter is to jelly, decided there was a need for confiscation, would be just about the time HOOSIERS thought otherwise..............
     


  3. slickt0mmy

    slickt0mmy

    230
    0
    Jan 17, 2011
    Ohio
    I could be wrong, but doesn't HR 5441, Sec. 706 prohibit all states from confiscating firearms during an emergency? The only thing I can see regarding a time when it is lawful to confiscate would be in the process of an evacuation, much like what you said in your OP. And like you said, they must return it to you.

    ‘‘SEC. 706. FIREARMS POLICIES.
    ‘‘(a) PROHIBITION ON CONFISCATION OF FIREARMS.—No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may—
    ‘‘(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation; ‘‘(2) require registration of any firearm for which registration is not required by Federal, State, or local law; ‘‘(3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or ‘‘(4) prohibit the carrying of firearms by any person other- wise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency.
    ‘‘(b) LIMITATION.—Nothing in this section shall be construed to prohibit any person in subsection (a) from requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency, provided that such temporarily surren- dered firearm is returned at the completion of such rescue or evacuation."
     
    Last edited: Mar 5, 2012
  4. Gary Slider

    Gary Slider

    516
    33
    Nov 16, 2006
    West Virginia
    I am adding that to the USA Page but the way I read that it only covers Federal Officials not state Officials.

    Look at NC. The Governor there declared emergencies and listed firearms as one thing not covered. The Governor did this as Firearms are covered in the law but exempted them and there was a big uproar about it as many thought it covered firearms. So the states can do this.
     
  5. slickt0mmy

    slickt0mmy

    230
    0
    Jan 17, 2011
    Ohio
    Ah, I see. My apologies. I'm sure someone will chime in here soon with more information than me though. :wavey:
     
  6. Gary Slider

    Gary Slider

    516
    33
    Nov 16, 2006
    West Virginia
    cadillacguns, If the people know the law they are more apt to stand up for their rights. Thing is if they don't know the law they are more apt to comply with an illegal order. At least that is the way I see it.
     
  7. Gunnut 45/454

    Gunnut 45/454

    12,129
    9
    Jun 20, 2002
    Here is Idaho's statue. http://www.legislature.idaho.gov/idstat/Title46/T46CH10SECT46-1008.htm:supergrin:

    This is why I love my state!!!:supergrin:

    "(7) During the continuance of any state of disaster emergency, neither the governor nor any agency of any governmental entity or political subdivision of the state shall impose restrictions on the lawful possession, transfer, sale, transport, storage, display or use of firearms or ammunition."
     
    Last edited: Mar 5, 2012
  8. HoldHard

    HoldHard

    940
    4
    Nov 28, 2008
    Motor City 'burbs
    Michigan - Act 302 of 1945


    It was also supported again in 2006 and the wording is exactly the same.

    Michigan - Public Act 546 of 2006

    HH
     
  9. Gary Slider

    Gary Slider

    516
    33
    Nov 16, 2006
    West Virginia
    Am overwhelmed by the assistance. Thank you. Here is a list of States I do not have yet. Hoping this will also save you some time and not look up something I already Have. Again Thank you all for your assistance. IT has been fantastic and has saved me so much time.

    American Samoa
    California
    Colorado
    District Of Columbia
    Guam
    Hawaii
    Illinois
    Maryland
    Massachusetts
    Minnesota
    Montana
    New Jersey
    New Mexico
    New York
    North Dakota
    Northern Mariana Islands
    Ohio
    Oklahoma
    Oregon
    Pennsylvania
    Puerto Rico
    Rhode Island
    Tennessee
    Vermont
    Virgin Islands
    West Virginia
    Wisconsin
     
  10. HKLovingIT

    HKLovingIT Resident Evil

    4,369
    0
    Aug 20, 2010
    Out On The Tiles
  11. Gary Slider

    Gary Slider

    516
    33
    Nov 16, 2006
    West Virginia
    I have been swamped. Thank you. I hope I have not missed what someone has posted. I have not had a chance since I posted (I posted this on several Chat Forums) to do anything but look up what people have sent me. You have saved me many hours. Thank you again. To keep people from posting what I already have and wasting their time this is the info I still am seeking. In an hour or two I will be able to start searching myself. Again thank you for all your feedback. It has been very very helpful.

    States I still do not have info on.
    American Samoa.
    Alaska I have 26.20.100 State Police and road blocks duing emergency
    § 26.23.020 but nothing about the Governors Authority
    District Of Columbia
    Guam
    Hawaii
    Illinois
    Maryland
    Massachusetts
    Minnesota
    Montana
    New Jersey
    New Mexico
    New York I have NYC ADC 3-105
    North Dakota
    Northern Mariana Islands
    Ohio
    Oklahoma
    Puerto Rico
    Rhode Island
    South Dakota
    Tennessee
    Vermont
    Virgin Islands
     
  12. Gary Slider

    Gary Slider

    516
    33
    Nov 16, 2006
    West Virginia
    Thank you again. I am amazed at how much I accomplished in the last 13 hours. I have done some searching on the states below and have come up empty. Will start fresh tomorrow evening. Thanks everyone for all your help. I have all the info for all the states not listed in a file formatted and all I have to do is add them to the state pages. That is the easy part. I thought this would take me a few weeks to do. I am not sure when I will make the changes on the state pages. It will most likely be a few weeks. Again Thank You.

    States I still do not have info on.
    Illinois
    Maryland
    Massachusetts
    Minnesota
    New Jersey
    New York I have NYC ADC 3-105
    Ohio
    Oklahoma
    Rhode Island
     
  13. EAJuggalo

    EAJuggalo

    1,044
    9
    Jan 17, 2005
    Eagan, MN
    MN
    https://www.revisor.mn.gov/statutes/?id=12

    From what I've seen there is not much of a limit to what the Governor can do once he declares an emergency. A bill specifically preventing the confiscation of firearms and ammunition during an emergency was vetoed yesterday by the Governor.
     
  14. kirgi08

    kirgi08 Watcher. Silver Member

    34,700
    3,789
    Jun 4, 2007
    Acme proving grounds.
    We live in western NC,Ms Perdue started it as a "no-no" for guns and the eastern side of the state was sorta blase about it.The western part of the state said aww he l no and she backed off.

    Granted the uproar in the east was there just not as vehement as us mountain folk were.The EA as written is kinda screwy,it's outdated due ta NCs OC laws and conflicts with the G.A.T.T.T.O.T.P law.'08. :dunno:
     
  15. cowboy1964

    cowboy1964

    19,971
    2,282
    Sep 4, 2009
    U.S.A.
    I've been Googling for Ohio info but haven't found anything on emergency powers at all, let alone those related to firearms.
     
  16. Gary Slider

    Gary Slider

    516
    33
    Nov 16, 2006
    West Virginia
    Cowboy1964, Neither have I. I have 9 states I can't find anything on. There is something but they may not have a law concerning emergencies and firearms. Here is what I am going to put on the State pages I don't have info on. Putting this on those state pages may get me some feedback from someone who knows.

    State Emergency Powers

    I could not find specific laws on the emergency powers of the Governor or other state officials. That does not mean there are no laws covering this topic but that I just couldn’t find any. During a state of emergency a Governor has very broad powers that are mainly restrained by law. If there are no laws limiting a Governor in what they can or cannot do they can do just about anything they deem appropriate in an Emergency and let things get sorted out after the emergency. Looking at New Orleans after Katrina shows you what they can or will do if there are no laws restraining Government.

    Note: Federal Law can apply if the state is receiving monetary and/or other assistance from the Federal Government. See US Code 42-5207 for Federal Law as it applies to States of Emergencies.
     
  17. LoadToadBoss

    LoadToadBoss IYAAYWOT

    3,489
    86
    Apr 24, 2008
    Northwest Louisiana
    The way I see it, if there is a broad-scale SHTF scenario where state and federal emergency powers are invoked, you can be your bottom dollar the officials will not care what the law says. In the confusion of the emergency, .gov officials will do whatever they deem necessary to bring social stability. They'll let the lawyers work things out on the back end after things have calmed down. Laws are just words on paper without immediate means to enforce them over and against .gov officials acting in what they consider to be the best interest of the people.
     
    Last edited: Mar 6, 2012
  18. Gary Slider

    Gary Slider

    516
    33
    Nov 16, 2006
    West Virginia
    LoadToadBoss, Katrina and the Rodney King Riots taught us a great lesson. I don't think in an emergency police will show up at your door asking for all your firearms. There are to many people now that know their laws and won't give them to them. Things will be different next time if they try that. That is the biggest reason firearms are flying off the shelves with lots of ammo with them.
     
  19. Gary Slider

    Gary Slider

    516
    33
    Nov 16, 2006
    West Virginia
    Well things went so fast and so well that I have all the info set up to put on the site early Friday. Thank you for all your assistance. You made it much easier than I thought. Never thought it would get done this fast.
     
  20. oakleyd36

    oakleyd36

    2
    0
    Oct 13, 2011
    If state law doesn't address, than federal law is the law. Right? Also read in federal where it states, No one receiving federal monies. I take that as state or local that receive federal dollars for equipment or personnel.