National State of Emergency - LTCF

[PickingPA]

I’m sure it has been discussed in the past, but a search for the relevant terms resulted in many, many threads, without clearly matching what I’m looking for.

So, with the possible upcoming declaration of a “National State of Emergency” how does that (legally) change our firearms rights?

I know during a PA State issues SOE, only LTCF holders are permitted to carry. Basically outlawing open carry by non-LTCF.

Are there any FEDERAL statutes that come into play when it is a National SOE?

I conceal almost 99% of the time that I do carry, but just want to scratch the brains of those who may know the actual legality involved during a declared National State of Emergency?

Also, any knowledge on firearm laws during declared martial law? Just curious about the obscurities

[father-of-five]

I can not speak to specific statutes, but governments often curtail or eliminate constitutional rights in emergency situations. New Orleans and Hurricane Katrina come to mind as an example of this.

[bogey1]

Whats the emergency for?

[Krichardson]

Whats the emergency for?

Edit,I thought this was in reference to Wolf's heroin related edict.

[ExFlyinguy]

I believe at the Federal level it's called "Martial Law"

[Coops]

Whats the emergency for?

Trump has said that he could build the wall without congressional approval by declaring a National Security State of Emergency and use military funds to build the wall.
I don't see how that would impact State gun laws in non border states but that's just a guess. You might have more of a problem in AZ, CA, NM and TX.

[Sgt.K]

I’m sure it has been discussed in the past, but a search for the relevant terms resulted in many, many threads, without clearly matching what I’m looking for.

So, with the possible upcoming declaration of a “National State of Emergency” how does that (legally) change our firearms rights?

I know during a PA State issues SOE, only LTCF holders are permitted to carry. Basically outlawing open carry by non-LTCF.

Are there any FEDERAL statutes that come into play when it is a National SOE?

I conceal almost 99% of the time that I do carry, but just want to scratch the brains of those who may know the actual legality involved during a declared National State of Emergency?

Also, any knowledge on firearm laws during declared martial law? Just curious about the obscurities

Your question is a good one. The part in bold, however, suggests you have your LTCF, in which case the LTCF requirement during SoE should not *directly* concern you.

I am also curious because I am the answer man at my office when it comes to guns, and I'd like to have correct information.

[PickingPA]

Yes. The question is in regards to Trump saying that he *MAY* declare a national SOE in order to have the military secure the southern border.

I personally support the govt shutdown for this purpose and would support the SOE declaration if needed. He said it, likely as a challenge to the Dems and eventually they will realize that it’s not a good idea to try and call his bluff.

So in preparation of what may happen, I’m curious how that declaration may effect us LAGO’s. When it’s a national declaration, I don’t think it matters that we are not in a border state, it’s a national thing. We know what happens during a PA SOE, just wondering if there is any overriding federal restrictions.

And yes, I have a valid LTCF and understand that it is unlikely to impact me personally, but other people may be concerned about their rights being restricted.

And to the martial law topic, there are wide ranges of restrictions that can be enforced without regard to constitutional rights. I’m just curious if anyone has studied up on the topic in regards to 2A.

[bogey1]

Trump has said that he could build the wall without congressional approval by declaring a National Security State of Emergency and use military funds to build the wall.
I don't see how that would impact State gun laws in non border states but that's just a guess. You might have more of a problem in AZ, CA, NM and TX.

As soon as I posted, I heard my tv in the background and it was DJT explaining what you just said.

[Bang]

https://www.law.cornell.edu/uscode/text/42/5207

U.S. Code › Title 42 › Chapter 68 › Subchapter V › § 5207
42 U.S. Code § 5207 - Firearms policies
US Code
Authorities (CFR)
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(a) Prohibition on confiscation of firearms No 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, may—
(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation;
(2) require registration of any firearm for which registration is not required by Federal, State, or local law;
(3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or
(4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency.
(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.

(c) Private rights of action
(1) In general
Any individual aggrieved by a violation of this section may seek relief in an action at law, suit in equity, or other proper proceeding for redress against any person who subjects such individual, or causes such individual to be subjected, to the deprivation of any of the rights, privileges, or immunities secured by this section.

(2) Remedies
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.

(3) Attorney fees
In any action or proceeding to enforce this section, the court shall award the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.

(Pub. L. 93–288, title VII, § 706, as added Pub. L. 109–295, title V, § 557, Oct. 4, 2006, 120 Stat. 1391.)


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Looks to me like we are protected on the federal level. Now, what of state/commonwealth acts? Does any person include state and local LE?