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Discussion Starter #1
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.
 

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Kentucky Law covering this is. 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.

 

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South Carolina prohibits it, but I have not yet found it in the code of laws.

More searching, found it.

SECTION 23-31-520. Power to regulate public use of firearms; confiscation of firearms or ammunition.

This article does not affect the authority of any county, municipality, or political subdivision to regulate the careless or negligent discharge or public brandishment of firearms, nor does it prevent the regulation of public brandishment of firearms during the times of or a demonstrated potential for insurrection, invasions, riots, or natural disasters. This article denies any county, municipality, or political subdivision the power to confiscate a firearm or ammunition unless incident to an arrest.
 

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Discussion Starter #5
Maximumbob54, I have FL.

Title XLVI


Chapter 870

AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES
870.044 Automatic emergency measures.—Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, the following acts shall be prohibited during the period of said emergency throughout the jurisdiction:
(1) The sale of, or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size or description.
(2) The intentional display, after the emergency is declared, by or in any store or shop of any ammunition or gun or other firearm of any size or description.
(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.
Nothing contained in this chapter shall be construed to authorize the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in a criminal act.
History.—ss. 4, 5, ch. 70-990; s. 1401, ch. 97-102; s. 2, ch. 2006-100.
 

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North Carolina
§ 14‑288.7. Transporting dangerous weapon or substance during emergency; possessing off premises; exceptions.
(a) Except as otherwise provided in this section, it is unlawful for any person to transport or possess off his own premises any dangerous weapon or substance in any area:
(1) In which a declared state of emergency exists; or
(2) Within the immediate vicinity of which a riot is occurring.
(b) This section does not apply to persons exempted from the provisions of G.S. 14‑269 with respect to any activities lawfully engaged in while carrying out their duties.
(c) Any person who violates any provision of this section is guilty of a Class 1 misdemeanor. (1969, c. 869, s. 1; 1993, c. 539, s. 192; 1994, Ex. Sess., c. 24, s. 14(c).)

(I'd like to know just who this law was intended to protect. If ever a citizen needs to arm him or herself it's during these times when law enforcement is spread thin or non existant.) :mad:
 

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Alabama:

Section 31-9-8 and 31-9-10

"(d)(1) Nothing in this section shall authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition except as provided in subdivision (2).
"(2) A law enforcement officer who is acting in the lawful discharge of the officer's official duties may disarm an individual if the officer reasonably believes that it is immediately necessary for the protection of the officer or another individual. The officer shall return the firearm to the individual before discharging that individual unless the officer arrests that individual for engaging in criminal activity or seizes the firearm as evidence pursuant to an investigation for the commission of a crime.
 

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Discussion Starter #8
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
 

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Colorado is supposed to be voting on this measure today. I'll post again when the outcome of the vote is delivered.

**UPDATE: House bill 1064 was essentially killed in committee this afternoon on a 3-2 party line vote. The Senate Committee on State, Veterans and Military Affairs (three Democrats, two Republicans) voted to reverse the previous roll call vote that had passed the bill on and "postponed it indefinitely."**

Disappointing news.
 

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Discussion Starter #10
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
 

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Discussion Starter #11
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
 

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Don't worry about Illinois and New York they don't allow them in a state of non-emergency.
 

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Discussion Starter #13
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.
 

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We have knowledgable yahoos here, Gary! :thumb:
 

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From the Socialist State of Illinois:

(20 ILCS 3305/1)(from Ch. 127, par. 1051)
Sec. 1. Short Title. This Act may be cited as the Illinois Emergency Management Agency Act.
(Source: P.A. 87-168.)

The following is excerpted:


(9) To suspend or limit the sale, dispensing, or
transportation of alcoholic beverages, firearms, explosives, and combustibles.


 
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If you read the whole thing it is really terrifying. It is the suspension of all Constitutional rights to include the appropriation of real estate.
 

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The Minnesota House and Senate passed legislation expanding the rights of citizens to use deadly force any where they could legally be without having to retreat. The legislation also served to recoginize resident carry permits from all other states and would have prevented the government or police agencies from seizing personal firearms during emergency declarations, but sadly our illusterous governer rolled over to the pressure of the various law enforcement associations ( not most police chiefs, sheriffs, or patrol officiers ) and vetoed the legislation yesterday. :mad: :mad: :mad:

Maybe after the next election he will have to go back to managing (?) the family business ( Daytons, Target, ect. )! Evidently the legislature did not have enough votes in either house top over-ride his veto! I know that I for one will not shop at any of his stores!!!

There is still a bill in the legislature to amend the state constitution to protect the right To Keep And Bear Arms. This process is rather lengthy and it has to be approved by the voters, but at least it don't need the honorable (?) governors approval! :)
 
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