Public Law 109-295 42 USC 5207 Protection from Confiscation

[Trapdoor45-70]

For those interested in documented, federal protection for firearm ownership in relation to disasters, here are three PDFs that might be of interest.

The PDFs consist of two re-formatted versions and the original of Public Law 109-295, an amendment to the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

The amendment explicitly codifies the "prohibition on confiscation of firearms" by anyone "...while acting in support of relief from a major disaster or emergency...".

While I do understand that a piece of paper may not stop a government official from confiscating my property, at least I'll have a copy of the law in black and white to show them.

Here's the 3x5" version, an 8.5x11" version, and the original law.

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[kmk1012]

Wow, just read the first one, I'm going to print the out just to keep in my safe. You just never know. Would this "justify" use of force on my part? They would essentially be armed robbers at some point, wouldn't they? God, I hope this never happens here.

 

[Trapdoor45-70]

Well, I just figured that having a copy of this law might make the difference between a confiscation and....not.

I suspect many well-intended police officers are not familiar with this law and the way it is written....it pretty much applies to every local, state, or federal cop in the U.S. Unless their agency receives no federal funds.

I've read about documented confiscations post-Katrina (which prompted this law) and have some understanding of the limits of knowledge of local law enforcement officers regarding firearms laws (Oregon Firearms Federation, I think, had posted an audio file of two Portland Police officers discussing the legal requirement for a citizen to tell an officer --- IIRC, during a traffic stop --- that they had a concealed carry permit. According to OFF, there is no legal obligation under OR law to tell an LEO you have a permit and/or are armed.

I recall attending a conference in Oregon about ten years ago --just after Katrina --- at which the then-Director of Emergency Management for Oregon (himself a 25+ year military veteran and now FEMA's Region X director for the Pacific Northwest) lamented his efforts to persuade the Oregon Legislature to pass legislation that would allow the State of Oregon, in/after a disaster, to confiscate firearms. "....for the public good...." That's a quote in my notes from his presentation.

I was very unhappy and equally disappointed to hear that from him, considering his background. Given the 2017 political climate and attitudes in OR, it would not surprise me to find support in the legislature for such a confiscation law.....for the public good, of course.

Thankfully, this federal law limits the capricious confiscation of personal property during/after a disaster as it relates to law-abiding citizens.

I carry a 3x5 laminated copy in my wallet and have other copies at home, etc. I've given out many copies to friends. It might not stop a gov't official, but being able to quote "chapter and verse" might make them re-think their actions, and, hopefully prevent a confiscation.

If the PDF helps other law-abiding firearms owners, I'm happy.