Emergency Powers Firearm Owner Protection Act Exposed

The Emergency Powers Firearm Owner Protection Act was adopted by ALEC's Civil Justice Task Force at the Annual Meeting on July 20, 2006, approved by the ALEC Board of Directors in August, 2006. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

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.

Section 1. {Title}

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

Section 2. {Prohibiting seizure of firearms during state of emergency}

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.

Section 3. {Limiting authority to restrict firearm use during state of emergency}

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.

Section 4. {Penalties}

(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.

Section 5. {Private rights of action}

(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.

Section 6. {Severability Clause}

Section 7. {Repealer Clause}

Section 7. {Repealer Clause}

Section 8. {Effective Date}

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

Approved by the ALEC Board of Directors August, 2006.