Thursday, February 25, 2021

40 States and the Federal Government prohibit the Seizure of Guns During Emergencies

Forty states have laws that prohibit the seizure of guns during emergencies, six states have laws that allow such seizures, and four states and the District of Columbia have no such laws on the books.

In 2006, Congress passed the DISASTER RECOVERY PERSONAL PROTECTION ACT. This section amends the Stafford Act to prohibit federal employees, any entities receiving federal funds, and other relief workers from confiscating, requiring the registration of, or prohibiting possession of firearms during a disaster or an emergency if those firearms are legally possessed under federal or state laws.

In addition to any existing remedy in law or equity, under any law, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may bring an action for return of such firearm in the United States district court in the district in which that individual resides or in which such firearm may be found Attorney fees.

Laws prohibiting the seizure or confiscation of lawfully-owned firearms and ammunition during a declared state of emergencyDownload The states with laws that allow confiscation of firearms are: Colorado: Colo. Rev. Stat.

The Governor shall have and may exercise for a period not to exceed 30 days the following emergency powers; provided that the lapse of the emergency powers shall not, as regards any act or acts occurring or committed within the 30-day period, deprive any person, firm, corporation, political subdivision, or body politic of any right or rights to compensation or reimbursement which he, she, it, or they may have under the provisions of this Act: To suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles.

Whenever a state of emergency has been declared as provided for herein, the mayor is hereby authorized to take one or more of the following specified measures throughout the city or any part thereof: Prohibit the sale, carrying or possession on the public street or public sidewalks, or in any public park or square, of weapons including, but not limited to, firearms, bows and arrows, air rifles, slingshots, knives, razors or missiles of any kind.

12-10-18 Emergency restrictions A. During the existence of a state of emergency, the governor may, by proclamation, prohibit: the possession of firearms or any other deadly weapon by a person in any place other than his place of residence or business, except for peace officers;.

https://crimeresearch.org/2021/02/41-states-prohibit-the-seizure-of-guns-during-emergencies/ 

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