|
Forum Rules | Firearms Safety | Firearms Photos | Links | Library | Lost Password | Email Changes |
Register | FAQ | Calendar | Search | Today's Posts | Mark Forums Read |
|
Thread Tools | Search this Thread |
March 19, 2020, 01:33 PM | #1 |
Senior Member
Join Date: November 15, 2019
Location: Conifer, CO
Posts: 632
|
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 |
March 19, 2020, 03:28 PM | #2 | |
Staff
Join Date: July 28, 2010
Location: Arkansas
Posts: 8,817
|
Quote:
__________________
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some. |
|
March 19, 2020, 03:48 PM | #3 | ||
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,433
|
Quote:
Quote:
__________________
NRA Life Member / Certified Instructor NRA Chief RSO / CMP RSO 1911 Certified Armorer Jeepaholic |
||
March 19, 2020, 04:00 PM | #4 |
Senior Member
Join Date: November 15, 2019
Location: Conifer, CO
Posts: 632
|
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". |
March 19, 2020, 08:49 PM | #5 | |||
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,433
|
Quote:
Quote:
Quote:
__________________
NRA Life Member / Certified Instructor NRA Chief RSO / CMP RSO 1911 Certified Armorer Jeepaholic |
|||
March 19, 2020, 10:52 PM | #6 |
Staff
Join Date: March 11, 2006
Location: Upper US
Posts: 28,675
|
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.
__________________
All else being equal (and it almost never is) bigger bullets tend to work better. |
March 20, 2020, 07:59 AM | #7 |
Senior Member
Join Date: October 9, 1998
Location: Ohio USA
Posts: 8,563
|
See - 42 U.S. Code § 5207. Firearms policies.
I have a thread here about it also. |
March 20, 2020, 12:17 PM | #8 | ||
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,433
|
Quote:
Here's the link: https://www.law.cornell.edu/uscode/text/42/5207 Also, note the following from the federal law: Quote:
__________________
NRA Life Member / Certified Instructor NRA Chief RSO / CMP RSO 1911 Certified Armorer Jeepaholic |
||
March 20, 2020, 12:27 PM | #9 |
Senior Member
Join Date: October 9, 1998
Location: Ohio USA
Posts: 8,563
|
Link to the post I referred to...
Link to 42 U.S. Code § 5207 https://www.law.cornell.edu/uscode/text/42/5207 |
March 22, 2020, 09:55 PM | #10 |
Senior Member
Join Date: November 15, 2019
Location: Conifer, CO
Posts: 632
|
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. |
March 23, 2020, 04:22 AM | #11 |
Senior Member
Join Date: October 9, 1998
Location: Ohio USA
Posts: 8,563
|
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... |
March 23, 2020, 01:57 PM | #12 | ||
Staff
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
|
Quote:
The statute, 42 USC 5207 applies to an: 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.
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
||
March 24, 2020, 04:43 AM | #13 |
Senior Member
Join Date: October 9, 1998
Location: Ohio USA
Posts: 8,563
|
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. |
Thread Tools | Search this Thread |
|
|