Supplemental Information

January 11, 2016

609.666 Negligent storage of firearms
Under this subdivision, the following terms are defined:
• “Firearm” refers to any device that can be used as a weapon and has the ability to expel force.
• “Child” is an individual who is 18 years or younger.
• “Loaded” refers to a firearm with the ammunition attached.
State of Emergency
624.7192 Authority to Seize and Confiscate Firearms
A peace officer has the power to confiscate a firearm from an individual temporarily if it is necessary to protect others’ lives only during a state of emergency that is proclaimed by the governor in relation to a disaster or public crisis. For this case, a warrant is not needed. When the individual is released, the firearm and ammunition must be handed back by the peace officer to him.

Government officials, employees and peace officers are not allowed to do the following for firearms and ammunition:
• Prohibit the legal possession and transportation of the items
• Confiscate the items except when it is necessary not to endanger the lives of the public
• Suspend one’s valid permit
• Suspend businesses that legally sell such items

An individual who is aggrieved by such violation may file charges in the court against the person who committed it. Costs and expenses must be awarded to the aggrieved person if the accused is proven guilty.

12.21 The Powers of the Governor.
The Governor, under the state of emergency, may control the emergency department and may collaborate with the president, Emergency Management Agency of the United States and the federal organizations in emergency preparedness and drills. He may also order public meetings and evacuation of the residents for areas that are affected by the emergency. The federal organizations may also help in the suspension of the utility services within the state including electricity connection.

Note: Federal laws may apply if the state receives financial assistance from the federal government during a public crisis or disaster. To know more about the federal laws for emergency, read the US Code 42-5207.