Your States Emergency Powers Act and Firearms.

[Gary Slider]

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 [email protected] 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.

 

[NavyLCDR]

Washington State

http://apps.leg.wa.gov/RCW/default.aspx?cite=43.06.220

 

[Midwest]

Kentucky (From a government source , none of this should be copyrighted)


http://www.lrc.ky.gov/KRS/237-00/104.PDF


237.104 Rights to acquire, carry, and use deadly weapons not to be impaired during disaster or emergency -- Seizure of deadly weapons during disaster or emergency prohibited -- Application of section.

(1) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, have the right to revoke, suspend, limit the use of, or otherwise impair the validity of the right of any person to purchase, transfer, loan, own, possess, carry, or use a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument.


(2) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, take, seize, confiscate, or impound a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument from any person.

(3) The provisions of this section shall not apply to the taking of an item specified in subsection (1) or (2) of this section from a person who is:
(a) Forbidden to possess a firearm pursuant to KRS 527.040;
(b) Forbidden to possess a firearm pursuant to federal law;
(c) Violating KRS 527.020;
(d) In possession of a stolen firearm;
(e) Using a firearm in the commission of a separate criminal offense; or
(f) Using a firearm or other weapon in the commission of an offense under KRS Chapter 150.

Effective: July 12, 2006
History: Created 2006 Ky. Acts ch. 240, sec. 7, effective July 12, 2006

 

[krupparms]

I am glad that members are looking into these important issues!

 

[Owen Sparks]

Crisis is the health of the state as nothing grows government power like a war or disaster. The latest incarnation of this is the National Defense Authorization Act (NDAA), that allows indefinite detention of suspected terrorists without charge or trial. See for yourself:

http://en.wikipedia.org/wiki/National_Defense_Authorization_Act

The thing that makes the NDAA so dangerous is that it authorizes the president to order the military to pick up and imprison people suspected of being terrorists indefinitely. As long as they call you a "terrorist" the Constitution no longer applies. This is the tip of a huge wedge that will be abused when the wrong people get into power. As gun owners we all know what it is like to be treated as a potential criminal because we have a tool that could be used in a crime. What happens when they see you as a potential terrorist because you have the potential to resist the government?

 

[brboyer]

Gary, we have two statutes in Florida...

Governor's Power: 252.36, Specifically Section (5)(h)

County & Municipalities: 870.44
Note the paragraph at the bottom - added after Katrina....nothing but a feel good measure, IMO, because it's a crime to be in a public place with a firearm under a decalered localizied state of emergency.

 

[armoredman]

Arizona

26-303. Emergency powers of governor; termination; authorization for adjutant general; limitation

A. During a state of war emergency, the governor may: ...

2. Commandeer and utilize any property, except for firearms or ammunition or firearms or ammunition components or personnel deemed necessary in carrying out the responsibilities vested in the office of the governor by this chapter as chief executive of the state and thereafter the state shall pay reasonable compensation therefor as follows:
...

J. Pursuant to the second amendment of the United States Constitution and article II, section 26, Constitution of Arizona, and notwithstanding any other law, the emergency powers of the governor, the adjutant general or any other official or person shall not be construed to allow the imposition of additional restrictions on the lawful possession, transfer, sale, transportation, carrying, storage, display or use of firearms or ammunition or firearms or ammunition components.

http://www.azleg.gov/ars/26/00303.htm

No Katrinas here.

 

[Gary Slider]

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

 

[blarby]

Oregon :

http://www.oregonlaws.org/ors/2007/401.039

§ 401.039¹
Seizure of firearms during state of emergency
(1) As used in this section, "unit of government" means any department or agency of the federal government, any state or any agency, office or department of a state, any city, county, district, commission, authority, entity, port or other public corporation organized and existing under statutory law or under a voter-approved charter and any intergovernmental entity created under ORS 190.003 (Definitions for ORS 190.003 to 190.130) to 190.130 (Effect of ORS 190.125), 190.410 (Definitions for ORS 190.410 to 190.440) to 190.440 (Powers of public agency under agreement) or 190.480 (Definition for ORS 190.480 to 190.490) to 190.490 (Approval of agreement by Attorney General).
(2) Notwithstanding ORS 401.065 (Police powers during state of emergency), 401.085 (Management of resources during emergency), 401.095 (Effect of rules and orders during emergency) and 401.115 (Additional powers during emergency), during a state of emergency declared under ORS 401.055 (Declaration of state of emergency), a unit of government may not seize a firearm from an individual who lawfully possesses the firearm.
(3) If a unit of government seizes a firearm from an individual during a state of emergency in violation of this section, the individual may recover from the unit of government that seized the firearm all costs incurred in the recovery of the firearm, including attorney fees, court costs and any other costs incurred in the recovery of the firearm. [2007 c.740 §19]

Our gov't here has a nifty thing about "shall not be infringed" : They mean it.

Hope this helps.

BTW Gary, your site was very instrumental in helping me and the wife decide relocation choices as we left California. I appreciate greatly your assistance in weeding out some of the possible locales.... you bring a LOT of relevant info together in one place- a resource I greatly appreciate.

 

[Midwest]

Thanks for all the great work that you do.

 

[Bubbles]

West Virginia:
http://www.legis.state.wv.us/WVCODE/15/code/WVC%2015%20%20-%20%205%20%20-%20%20%206%20%20.htm

 

[GeoEmeritus]

California

http://www.calema.ca.gov/PlanningandPreparedness/Documents/2011 ESA.pdf

Given California's general attitude regarding firearms, somebody must have missed this one.

Californa emergency powers act, above, says essentially that the state cannot confiscate firearms or ammunition from someone in lawful possession during an emergency, but a police officer can temporarily take charge of a firearm for public safety while investigating a crime but must return it to its owner unless he charges that owner with a crime.

As we all know, however, lawful possesion in California can be a complicated issue outside your home or business.

 

[BemidjiDweller]

For MN, the law might change tonight. The governor has a bill on his desk right now with the deadline being tonight. Will update with the hopefully new law, or the old one if he vetos.

 

[needmorecowbell]

One thing I have learned over the years is that in all actuality there really are no laws. Just an illusion of them. Something written down as law is only as good as the people put in place to uphold the law and their commitment in doing so. The lawyers and politicians have us all fooled. Any law can be ignored or twisted and interpreted a number of different ways to mean whatever someone wants them to mean. This activity is good, but don't count on any of it holding true if an emergency really does happen. The powers to be will do whatever they want to do.

 

[Coltdriver]

Colorado's Law In the Works

Posted on February 21, 2012

Yesterday, the Colorado House of Representatives passed House Bill 1064 by a 45 to 19 vote. This “Emergency Powers” legislation now goes to the state Senate for its consideration.

NRA-drafted HB 1064, introduced by state Representative Amy Stephens (R-20), would prohibit the state or any government agency, during a declared state of emergency, from prohibiting or restricting the otherwise lawful possession, use, carrying, transfer, transportation, storage, or display of a firearm or ammunition; seizing or confiscating a lawfully possessed firearm, or requiring registration of a firearm or ammunition for which registration is not otherwise required by law.

 

[Gary Slider]

Coltdriver, Your post helped me find the current law. I have to go with the current law until it changes. Thank you.

 

[Gary Slider]

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

 

[BemidjiDweller]

The bill got vetoed but I did look at our current statues in MN, couldn't find a thing related to emergency powers and firearms.

Here is a link to our statues: https://www.revisor.mn.gov/pubs/

Sorry I couldn't be of much help.

 

[Gary Slider]

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.

Maryland
Massachusetts
Minnesota
New Jersey

Ohio
Oklahoma
Rhode Island

 

[Gary Slider]

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.

 

[F-111 John]

Thank you, Gary, for your continued vigilance in researching, documenting, and disseminating the most comprehensive and accurate handgun law database on the web.

 

[Serenity]

Yes, thanks!!!