View source for Emergency Powers Firearm Owner Protection Act Exposed

The '''[[:media:7J8-Emergency_Powers_Firearm_Owner_Protection_Act_Exposed.pdf|Emergency Powers Firearm Owner Protection Act]]''' was adopted by ALEC's [https://www.sourcewatch.org/index.php/ALEC_Civil_Justice_Task_Force Civil Justice Task Force] at the Annual Meeting on July 20, 2006, approved by the ALEC Board of Directors in August, 2006. {{AEX2011}}

==ALEC Bill Text==

Summary

This Act amends emergency powers laws and state firearm preemption laws to
prohibit the seizure or confiscation of firearms and ammunition lawfully
possessed by a person during a declared state of emergency. Any public officer
or employee in violation shall be held criminally and civilly liable under the
provisions of this Act.

<u>Section 1. {Title}</u>

This Act shall be known as the Emergency Powers Firearm Owner Protection Act.

<u>Section 2. {Prohibiting seizure of firearms during state of emergency}</u>

Pursuant to the Second Amendment of the United States Constitution and [insert
appropriate section referencing state right to keep and bear arms clause] of the
Constitution of [insert state name], nothing under this or any other provision of
law shall be construed to authorize the seizure or confiscation of a firearm or
ammunition during a declared state of emergency or natural disaster except
from a person who is unlawfully carrying or in unlawful possession of such
firearm or ammunition.

<u>Section 3. {Limiting authority to restrict firearm use during state of
emergency}</u>

Pursuant to the Second Amendment of the United States Constitution and [insert
appropriate section] of the Constitution of [insert state name], nothing under
this or any other provision of law shall be construed to authorize the Governor,
any political subdivision of the state, or any other governmental authority to
impose additional restrictions on the lawful possession, transfer, sale, transport,
carrying, storage, display or use of firearms or ammunition during a declared
state of emergency or natural disaster.

<u>Section 4. {Penalties}</u>

(a) CRIMINAL PENALTIES- Any public officer, public employee, or other person
who intentionally or knowingly seizes or confiscates a firearm or ammunition
from a person in violation of this section, or who orders, aids or assists such
seizure or confiscation, shall be guilty of the crime of larceny of a firearm or
ammunition, and on conviction shall be punishable by confinement in a state
correctional facility for not less than two years nor more than 10 years, shall be
fined not more than ten thousand dollars, or both.

(b) FORFEITURE OF EMPLOYMENT- Upon conviction under this section, such
public officer or public employee shall be deemed guilty of malfeasance in
office or employment, and shall forfeit such office or employment.

<u>Section 5. {Private rights of action}</u>

(a) 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.
 
(b) 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
jurisdiction in which that individual resides or in which such firearm may be
found.

(c) ATTORNEY FEES- In any action or proceeding to enforce this section, the
court shall award the prevailing party, other than the United States or [insert
state name], a reasonable attorney's fee as part of the costs.

<u>Section 6. {Severability Clause}</u>

<u>Section 7. {Repealer Clause}</u>

<u>Section 7. {Repealer Clause}</u>

<u>Section 8. {Effective Date}</u>


Adopted by ALEC's Civil Justice Task Force at the Annual Meeting, July 20,
2006. 

Approved by the ALEC Board of Directors August, 2006.