Your States Emergency Powers Act and Firearms.

G

Gary Slider

New member
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.
 
Here in Virginia, the Governor just approved an amendment a few days ago that guarantees we will be able to keep, transport, trade, buy or sell firearms during an emergency. Here's a link to the Bill (HB20):
 
WA RCW 43.06.220(1)(e) possession (other than LE) "may" be prohibited under a governor's declared state of emergency....anywhere but you own property or place of business.
 
I did just a quick scan of Arkansas law. In my quick scan, though, I found nothing that would authorize a confiscation of firearms. However, the Governor may suspend the sale or transportation of firearms.

Arkansas Code Annotated:

The State:
(e) In addition to any other powers conferred upon the Governor by law, the Governor may:
(1) Suspend the provisions of any regulatory statutes prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency, if strict compliance with the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency;
(2) Utilize all available resources of the state government and of each political subdivision of the state as reasonably necessary to cope with the disaster emergency;
(3) Transfer the direction, personnel, or functions of state departments and agencies or units of state departments and agencies for the purpose of performing or facilitating emergency management;
(4) Subject to any applicable requirements for compensation under § 12-75-124, commandeer or utilize any private property if he or she finds this necessary to cope with the disaster emergency;
(5) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state 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 evacuation;
(7) Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein;
(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles; and . . .
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Ark. Code Ann. § 12-75-114 (West)(Empasis added by Spats)

Counties & Cities:
(a) As used in this section, “local unit of government” means a city, town, or county. . . .
(b)(1)(A) A local unit of government shall not enact any ordinance or regulation pertaining to, or regulate in any other manner, the ownership, transfer, transportation, carrying, or possession of firearms, ammunition for firearms, or components of firearms, except as otherwise provided in state or federal law.
(B) The provision in subdivision (b)(1)(A) of this section does not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm.
(2)(A) A local unit of government shall not have the authority to bring suit and shall not have the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public.
(B) The authority to bring any suit and the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief shall be reserved exclusively to the State of Arkansas.
(C) However, subdivisions (b)(1)(A) and (B) of this section do not prevent a local unit of government from bringing suit against a firearm or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the local unit of government.
(c)(1) The governing body of a local unit of government, following the proclamation by the Governor of a state of emergency, is prohibited from enacting an emergency ordinance regulating the transfer, transportation, or carrying of firearms or components of firearms.
(2) A person who has his or her firearm seized in violation of subdivision (c)(1) of this section may bring an action in the circuit court having jurisdiction for the return of the seized firearm.
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Ark. Code Ann. § 14-16-504 (West)(Emphasis added by Spats)
 
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
 
I looked too, and could find no restrictions in a declared emergency...
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I looked further, salmoneye, and didn't find anything in VT law

Gary, two of us Vermonters concur that there are no additional restrictions on firearms during a state of emergency here.
 
My concerns with confication of privately held firearms during a period of civil unrest or other disaster is not with the state or local governments.

Frankly, they will have their hands full and do not have the manpower to go after Private owners who are not actively engaged in the situation.

My concern is with the Federal authorities in the case of a declaration of Martial law.

I have not seen any actual Operational Plans for Martial Law in the US. It is standard procedure to confiscate all privately held firearms when we take over a forgein country. Fairly effective in Macadonia totally ineffective in Iraq and Afganastan.
 
Pennsylvania
http://www.legis.state.pa.us/cfdocs...ype=HTM&ttl=18&div=0&chpt=61&sctn=7&subsctn=0
§ 6107. Prohibited conduct during emergency.
(a) General rule.--No person shall carry a firearm upon the
public streets or upon any public property during an emergency
proclaimed by a State or municipal governmental executive unless
that person is:
(1) Actively engaged in a defense of that person's life
or property from peril or threat.
(2) Licensed to carry firearms under section 6109
(relating to licenses) or is exempt from licensing under
section 6106(b) (relating to firearms not to be carried
without a license).
(b) Seizure, taking and confiscation.--Except as otherwise
provided under subsection (a) and notwithstanding the provisions
of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any
other provision of law to the contrary, no firearm, accessory or
ammunition may be seized, taken or confiscated during an
emergency unless the seizure, taking or confiscation would be
authorized absent the emergency.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Accessory." Any scope, sight, bipod, sling, light,
magazine, clip or other related item that is attached to or
necessary for the operation of a firearm.
"Firearm." The term includes any weapon that is designed to
or may readily be converted to expel any projectile by the
action of an explosive or the frame or receiver of any weapon.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)
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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
 
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.
(EDITED LIST)

States I still do not have info on.

Maryland
Massachusetts
Minnesota
New Jersey

Ohio

Rhode Island
 
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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.
 
CowTowner, The info for each state will be on that states page. go to www.handgunlaw.us and then click on the state on the map you wish to see info about. That states page will open. That info on Emergency Act/Laws will be in the Notes section near the bottom of that states page. I am planning on uploading all that info Late Thursday Night or early Friday.
 
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