Your States Emergency Powers Act and Firearms. [Archive] - Glock Talk

PDA

View Full Version : Your States Emergency Powers Act and Firearms.


Gary Slider
03-05-2012, 09:08
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.

cadillacguns
03-05-2012, 09:26
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..............

slickt0mmy
03-05-2012, 09:33
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."

Gary Slider
03-05-2012, 09:39
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.

slickt0mmy
03-05-2012, 09:49
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.

Ah, I see. My apologies. I'm sure someone will chime in here soon with more information than me though. :wavey:

Gary Slider
03-05-2012, 09:59
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.

Gunnut 45/454
03-05-2012, 13:13
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."

HoldHard
03-05-2012, 13:35
Michigan - Act 302 of 1945 (http://www.legislature.mi.gov/(S(3dyc23yygudvdej31crbtzyr))/documents/mcl/pdf/mcl-Act-302-of-1945.pdf)


(3) Subsection (1) does not authorize the seizure, taking, or confiscation of lawfully possessed firearms, ammunition, or other weapons.

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

Michigan - Public Act 546 of 2006 (http://www.legislature.mi.gov/documents/2005-2006/publicact/pdf/2006-PA-0546.pdf)

HH

Gary Slider
03-05-2012, 14:43
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

HKLovingIT
03-05-2012, 16:19
Hey there.

Gary Slider
03-05-2012, 18:57
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

Gary Slider
03-05-2012, 22:27
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

EAJuggalo
03-06-2012, 06:38
MN
12.32 GOVERNOR'S ORDERS AND RULES, EFFECT.

Orders and rules promulgated by the governor under authority of section 12.21, subdivision 3, clause (1), when approved by the Executive Council and filed in the Office of the Secretary of State, have, during a national security emergency, peacetime emergency, or energy supply emergency, the full force and effect of law. Rules and ordinances of any agency or political subdivision of the state inconsistent with the provisions of this chapter or with any order or rule having the force and effect of law issued under the authority of this chapter, is suspended during the period of time and to the extent that the emergency exists.
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.

kirgi08
03-06-2012, 08:46
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.

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:

cowboy1964
03-06-2012, 09:01
I've been Googling for Ohio info but haven't found anything on emergency powers at all, let alone those related to firearms.

Gary Slider
03-06-2012, 09:15
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.

LoadToadBoss
03-06-2012, 13:26
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.

Gary Slider
03-06-2012, 14:10
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.

Gary Slider
03-06-2012, 18:34
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.

oakleyd36
03-09-2012, 21:17
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.

Gary Slider
03-09-2012, 21:22
oakleyd36, You are correct. It looks to me like it would be best for all of us if the feds get involved right away. As soon as they get involved then Federal Law kicks in and it is specific that they can't take your firearms. I am just not sure what the feds have to do short of giving money that kicks the fed law in. I have the link for the law below at the end of every states Emergency Powers Law on my website. Here is the federal law as this link lists it.
http://www.law.cornell.edu/uscode/text/42/5207

42 USC § 5207 - 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 otherwise 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 surrendered firearm is returned at the completion of such rescue or evacuation.
(c) Private rights of action
(1) In general
Any individual aggrieved by a violation of this section may seek relief in an action at law, suit in equity, or other proper proceeding for redress against any person who subjects such individual, or causes such individual to be subjected, to the deprivation of any of the rights, privileges, or immunities secured by this section.
(2) Remedies
In addition to any existing remedy in law or equity, under any law, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may bring an action for return of such firearm in the United States district court in the district in which that individual resides or in which such firearm may be found.
(3) Attorney fees
In any action or proceeding to enforce this section, the court shall award the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.

BUG'S
03-10-2012, 05:51
Gary I lived in Guam (acronym for "Give Us American Money") in the late 80's early 90's. Back then you could apply for a firearms license which allowed you to carry any way you pleased. Kind of like the Wild West. I could have walked down the street with a machine gun with that license. Just pulled it out to look at it (yeah still have it). It is a NON-CONCEALED Firearm Identification Card. I doubt very much Guam has any law that would allow confiscation of firearms. On the 4th of July all the Guamanians would be out shooting automatics skyward to celebrate. Many of us had "projectiles" land on our vehicles and boats.

BUG'S
03-10-2012, 06:00
Rhode Island is basically a communist state. Lived there too. If you are a LOSER they have an entitlement program for you. If you have a cousin named Vinny who knows the Governor you "might" be able to get a carry license. They spend so much money paying for Welfare & other entitlement BS that the bridges & other infrastructure is falling down around them because they can't afford to fix it.

Misty02
03-10-2012, 06:23
That is going to get a bit tricky in States without preemption. Even in Florida, with firearm preemption for several decades, the cities and counties went around enacting and enforcing their own codes. It was not until last October, when penalties (teeths) were added to local governments/officials that they started to back off and delete codes relating to firearms.

As I understand it, in addition to the powers of the Governor during an emergency, you also have the power of other public officials to declare a state of emergency where riots are concerned: 870.044 Automatic emergency measures (http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0870/Sections/0870.044.html)

(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.

.

Gary Slider
03-10-2012, 06:48
Bugs, Have heard the same thing you stated about Guam from others. As for Florida the way their law is written they can ban the carry of firearms outside the home. Look at the FL page at www.handgunlaw.us at the Emergency Powers listed there. I have a paragraph from an attorney stating FL can do it more than one way and you will have to read the Declaration on a State of Emergency to see if carrying firearms is put on hold or not.

Misty02
03-10-2012, 06:59
You have an excellent site, Gary. One I refer to and refer others to often. Thank you! :)

.

NDCent
03-10-2012, 07:15
Just read them for my state... :shocked:

bug
03-10-2012, 11:29
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."

I read that as everyone because i dont believe there is one LE agency in the country that does not take federal funds.
but I have no proof to back those believes so more search is needed.

bug
03-10-2012, 11:35
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.

I am trying to find Ohio law as well. trying the attorney general have not found it yet....

voomie
03-10-2012, 11:35
If the government has time to seize weapons during an emergency then it is probably not a real emergency. I would figure that in a time in a emergency there would be quite a few people refusing to disarm but I am just speculating.

Gary Slider
03-10-2012, 11:55
3761.16 is a small part of it in Ohio. 5502.21 thru 5502.51. is the main part of their emergency plan.