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March 5, 2012, 11:09 AM | #1 |
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Your States Emergency Powers Act and Firearms.
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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March 5, 2012, 12:40 PM | #2 |
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March 5, 2012, 12:56 PM | #3 |
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North Carolina General Statutes
§ 14‑288.1 - definitions of State of Emergency in subsections (3) and (10). § 14‑288.7 - possessing and transporting weapons during State of Emergency. § 14‑288.12, § 14‑288.13, § 14‑288.14, § 14‑288.15 - authorities to declare State of Emergency. |
March 5, 2012, 01:05 PM | #4 |
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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):
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March 5, 2012, 01:13 PM | #5 |
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Nothing on the books regarding firearms in Vermont, as far as I can see.
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March 5, 2012, 02:00 PM | #6 |
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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.
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March 5, 2012, 02:06 PM | #7 | ||
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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: Quote:
Ark. Code Ann. § 12-75-114 (West)(Empasis added by Spats) Counties & Cities: Quote:
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March 5, 2012, 03:57 PM | #8 | |
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Quote:
Last edited by Salmoneye; March 5, 2012 at 04:08 PM. |
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March 5, 2012, 04:44 PM | #9 |
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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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March 5, 2012, 04:57 PM | #10 | |
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Quote:
Gary, two of us Vermonters concur that there are no additional restrictions on firearms during a state of emergency here. |
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March 5, 2012, 05:58 PM | #11 |
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There may not be anything.
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March 5, 2012, 07:18 PM | #12 |
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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. |
March 5, 2012, 07:28 PM | #13 | |
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Join Date: December 7, 2011
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Pennsylvania
http://www.legis.state.pa.us/cfdocs/...tn=7&subsctn=0 Quote:
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March 5, 2012, 08:58 PM | #14 |
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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
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March 6, 2012, 12:25 AM | #15 |
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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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___________ Gary Slider Co-Owner Handgunlaw.us Member Armed Citizens Legal Defense Network. Last edited by Gary Slider; March 7, 2012 at 01:23 PM. |
March 6, 2012, 08:38 PM | #16 |
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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.
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March 7, 2012, 01:19 PM | #17 |
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Illinois seems to be spread out a bit...check the following out
hope this helps http://www.ilga.gov/legislation/ilcs...ent Agency Act The meat of what you are looking for is under (20 ILCS 3305/7) (from Ch. 127, par. 1057) which is Sec. 7. Emergency Powers of the Governor. Good luck! |
March 7, 2012, 01:22 PM | #18 |
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Patriot86,
Yes I have that one Thank you.
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March 7, 2012, 02:07 PM | #19 |
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Gary, please be sure to post a link to the data page.
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March 7, 2012, 02:43 PM | #20 |
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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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March 7, 2012, 02:44 PM | #21 |
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Been searching for this info. for Ohio.
For some reason having very hard time finding anything pertaining to our guns laws 'specific' during a state of emergency. Maybe they don't want us to know. |
March 7, 2012, 02:53 PM | #22 |
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Shortwave, I can't either. I am hoping that once I post the New info and it has nothing for Ohio someone who knows where the Laws/Rules/Act is located will let me know. At least hoping for that.
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March 7, 2012, 03:40 PM | #23 |
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Caveat: I am not an Ohio lawyer! Take the following at your own peril.
I ran a search for "firearms" at: http://codes.ohio.gov/orc Here's what I found: 3761.16 Areas threatened by riot may be cordoned off. The chief administrative officer of a political subdivision with police powers, when engaged in suppressing a riot or when there is a clear and present danger of a riot, may cordon off any area or areas threatened by the riot and prohibit persons from entering the cordoned off area or areas except when carrying on necessary and legitimate pursuits and may prohibit the sale, offering for sale, dispensing, or transportation of firearms or other dangerous weapons, ammunition, dynamite, or other dangerous explosives in, to, or from the cordoned off areas. Effective Date: 07-01-1996 I'm afraid that I don't have time today to continue digging.
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March 7, 2012, 05:05 PM | #24 |
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Thanks Spats,
Much the same as LE does now daily at crime scenes. Guess a riot is a crime scene, eh! Least it was when we had to evacuate back in the late 60's. Hopefully more on Ohio will show up. |
March 7, 2012, 05:13 PM | #25 |
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I can't find anything on Ohio except what Spats McGee posted. Others have told me they could find nothing on Emergency Powers either. There may not be any or it could be buried in some trivial spot in the Law or Administrative Code. But all my searches have come up empty.
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