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Discussion Starter #1
Seems you have a very unusual carry law specifically for "emergency" or "disaster" declarations.

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Yep, knew about that. I've never had to us it, just show the officer my permit to carry. I've never been asked to do that, though, not for a disaster. I don't consider traffic stops a natural disaster. :rofl:
 
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BTW, whazzup with Dr Phil? :D
 
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Discussion Starter #4
Yep, knew about that. I've never had to us it, just show the officer my permit to carry. I've never been asked to do that, though, not for a disaster. I don't consider traffic stops a natural disaster. :rofl:
You do know that the state of emergency declarations is what the blue state Governors, and some red states too, used during coronavirus to shut stuff down, right?

BTW, whazzup with Dr Phil? :D
Dunno. I didn't read any other links to that email. I did unsubscribe to the sender, though.
 

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It's not just for 7 days. It's for 7 days after the state of emergency or disaster declaration is over. If we entered a SoE for Covid on Say March 15th and it was officially ended June 1st, then you can carry (permitless) until June 8th.
 
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It was the incidents that occurred during Katrina, that caused this to be enacted.
Alabama passed a law that specifically bans the confiscation of arms during a natural disaster like Katrina because of what happened in Louisiana.
 

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Alabama passed a law that specifically bans the confiscation of arms during a natural disaster like Katrina because of what happened in Louisiana.
Tennessee did too! Passed in record time.

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Here you go, Peeps:

Texas Penal Code Section 46.15--Nonapplicability

(k)  Section 46.02 does not apply to a person who carries a handgun if:
(1) the person carries the handgun while:
(A) evacuating from an area following the declaration of a state of disaster under Section 418.014, Government Code , or a local state of disaster under Section 418.108, Government Code , with respect to that area;  or

(B) reentering that area following the person's evacuation;


(2) not more than 168 hours have elapsed since the state of disaster or local state of disaster was declared, or more than 168 hours have elapsed since the time the declaration was made and the governor has extended the period during which a person may carry a handgun under this subsection;  and

(3) the person is not prohibited by state or federal law from possessing a firearm.
 

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Most appsarently do not realize, too, the federal government passed such law:

42 U.S.C 5207 Disaster Relief and Emergency Assistance Act to add the following provision:

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 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.
 

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It's not just for 7 days. It's for 7 days after the state of emergency or disaster declaration is over. If we entered a SoE for Covid on Say March 15th and it was officially ended June 1st, then you can carry (permitless) until June 8th.
According to the Texas State Law Library, that is incorrect: https://faq.sll.texas.gov/questions/42610 1: It's for seven days following the declaration of the state of emergency, unless the Governor specifically extends the time period that a person can carry without a license (which he has not done) 2: It covers you during evacuation and reentering after evacuation, not day-today activities like going for groceries or going to work.

Besides, it's so easy to get your LTC in Texas, why not just get it? If for some reason a person is prohibited from possessing a firearm, the emergency statute still doesn't allow them to carry, so LTC eligibility is a moot point.

Another one I've been hearing a lot lately is that it's illegal to carry while wearing a mask, so COVID mask requirements are forcing us to break the law. I've yet to find anyone who can give me an actual statute for that. The Texas State Law Library says that's another one that is false: https://faq.sll.texas.gov/questions/42558
 

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Discussion Starter #15
Alabama passed a law that specifically bans the confiscation of arms during a natural disaster like Katrina because of what happened in Louisiana.
Georgia did, too.
 
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Florida has something similar, think 48 hours during a state of emergency when a mandatory evacuation order is in place. I would have to read up on it to be 100% sure.
 

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Yep, knew about that. I've never had to us it, just show the officer my permit to carry. I've never been asked to do that, though, not for a disaster. I don't consider traffic stops a natural disaster. 🤣
No, those are usually man made. Pedal on the RIGHT!!!

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