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Old March 19, 2020, 01:33 PM   #1
Pistoler0
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Conceal Carry & coronavirus state of emergency

Can anybody chime in with some insights into how the declaration of a state of emergency can LEGALLY impact conceal carry?. I am not looking for opinions on the constitutionality of such measures or the moral right of the government to restrict rights; I am interested, from a practical stand point, on how CCW rights may be curtailed under the law given the times we are going through right now with coronavirus and all

I assume it varies by state. I am in Colorado and according to CO Rev Stat § 24-33.5-704, upon the declaration of a state of emergency, the governor can "Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, or combustibles".

It is well known that during Katrina, authorities in New Orleans seized legally owned guns. I suppose that most CCW carriers find it even more necessary to avail ourselves with some way of protection now that times are uncertain. But I want to make sure that I (we) have the knowledge and information we need in order not to break any laws.

Can anybody with legal expertise chime in and give us some insight?

Thank you and God Bless America
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Old March 19, 2020, 03:28 PM   #2
Spats McGee
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Quote:
Originally Posted by Pistoler0 View Post
Can anybody chime in with some insights into how the declaration of a state of emergency can LEGALLY impact conceal carry?. I am not looking for opinions on the constitutionality of such measures or the moral right of the government to restrict rights; I am interested, from a practical stand point, on how CCW rights may be curtailed under the law given the times we are going through right now with coronavirus and all....
Perhaps I just don't understand your questions. If you're not looking for an answer on constitutionality, but you are looking for an answer 'from a practical standpoint,' is this really a question for L&CR? Or is this a General Discussion question?
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Old March 19, 2020, 03:48 PM   #3
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Quote:
Originally Posted by Pistoler0
I assume it varies by state.
That would be correct.

Quote:
Originally Posted by Pisoler0
I am in Colorado and according to CO Rev Stat § 24-33.5-704, upon the declaration of a state of emergency, the governor can "Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, or combustibles".
The same was true of the declaration of emergency issued a few days ago by the mayor of Champaign, IL. As was (eventually) pointed out with respect to that declaration, laws can allow the governing authority to do a lot of things. That doesn't mean said governing authority will do any of those things. Unless and until your governor actually issues an executive order suspending or banning something, there is really nothing here to discuss.
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Old March 19, 2020, 04:00 PM   #4
Pistoler0
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Sorry about the duplicate threat, I didn't know where the right place for posting was.

My question is basically: "During a state of emergency, can I conceal carry? ".
Given that of course, with the uncertainty and instability, one may perceive a heightened need to carry a means to self defense.

I am certain the answer depends on the state one lives in. Federal law on the other hand seems to prevent the Federal government from curtailing this right.

Maybe people could chime in with knowledge about the situation in their particular state. In my state of Colorado, the governor has the right to "Suspend or limit the sale, dispensing, or transportation of [ ] firearms".
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Old March 19, 2020, 08:49 PM   #5
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Quote:
Originally Posted by Pistoler0
My question is basically: "During a state of emergency, can I conceal carry? ".
As I commented above, it depends. The laws of a particular state may give the governor the authority to suspend the right to carry in public during a declared emergency. Whether or not a particular governor exercises that right is a different matter, and will only be answered by the executive orders a governor issues under his/her broad emergency powers.

Quote:
Originally Posted by Pitoler0
I am certain the answer depends on the state one lives in. Federal law on the other hand seems to prevent the Federal government from curtailing this right.
Correct.

Quote:
Originally Posted by Pistoler0
Maybe people could chime in with knowledge about the situation in their particular state. In my state of Colorado, the governor has the right to "Suspend or limit the sale, dispensing, or transportation of [ ] firearms".
What do you expect people to comment on? Until governors and mayors start actually issuing executive orders, we don't have anything to discuss. The fact that your governor has the right (meaning the authority) to ban the sale or transportation of firearms doesn't mean that he will do so.
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Old March 19, 2020, 10:52 PM   #6
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During a state of emergency, the laws still govern, though the range of options open to the gov expands hugely.

Depending on the laws of your state, the gov may have the authority to prohibit CCW under a declared "state of emergency" or it may not. One of the extreme measures allowed under a state of emergency is to declare Martial Law. IF Martial Law is declared, then they do have the legal authority to ban CCW and open carry and also where you can be, and when (curfew, etc).

Under martial law they can do, and will do what every they believe is necessary, up to, and including the use of deadly force to enforce their decrees.

It's legal. IF they abuse the power, survivors can seek compensation in court, AFTER the emergency is over.

From a practical standpoint, you need to be in touch with the people controlling your area and know what they want done. If they say no CCW (legal authority or not) be prepared to comply because until the emergency is over, their rulings ARE the law.
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Old March 20, 2020, 07:59 AM   #7
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See - 42 U.S. Code § 5207. Firearms policies.

I have a thread here about it also.
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Old March 20, 2020, 12:17 PM   #8
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See - 42 U.S. Code § 5207. Firearms policies.
It would have been helpful if you provided a link to the law you cited. If you look it up ... it applies only to federal officers and officials being paid by the federal government (which I think basically means National Guard if they have been federalized). It doesn't constrain state and local officials.

Here's the link: https://www.law.cornell.edu/uscode/text/42/5207

Also, note the following from the federal law:

Quote:
(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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Old March 20, 2020, 12:27 PM   #9
Hal
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Link to the post I referred to...

Link to 42 U.S. Code § 5207

https://www.law.cornell.edu/uscode/text/42/5207
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Old March 22, 2020, 09:55 PM   #10
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Ok, understood, thank you.

So in my state of Colorado, the law gives the governor the authority to suspend the "transportation" of firearms (whatever that means) during a state of emergency. But declaring such state of emergency does not automatically suspend that right.

The governor would have to issue a specific executive order (during the state of emergency) to limit the transportation of firearms.

Now, whether concealed carrying of firearms would be considered "transportation" is a different issue.
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Old March 23, 2020, 04:22 AM   #11
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You need to check your particular state, city/town and county codes....HOWEVER - once any federal authority enters into the picture, then the US code will prevent anyone in authority from disarming you - except if/when they transport YOU. Then you must surrender your weapon - and they must return it to you upon completion of the journey.

You have their word on that....

I'm personally not real sure there's anywhere I want to be transported to - - that I would trust their word to comply......we'll see how things shake out...
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Old March 23, 2020, 01:57 PM   #12
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Quote:
Originally Posted by Hal
...once any federal authority enters into the picture, then the US code will prevent anyone in authority from disarming you...
That is inaccurate and misleading.

The statute, 42 USC 5207 applies to an:
Quote:
...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,....
So if your gun is taken by, for example, a local cop, it's not obvious that he is a person covered by this federal statute. He might be because, for example, some local police departments receive federal grants or he's been assigned to assist a federal official in a relief effort. But knowing whether or not he is covered by 42 USC 5207 might not be determinable at the time and will be a question that could only be properly answered at a later time when all relevant facts can be available.
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Old March 24, 2020, 04:43 AM   #13
Hal
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You know what...never mind....
Y'all just stay safe & don't let them grind you down...

Last edited by Hal; March 24, 2020 at 07:04 AM.
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