Supplemental Information

January 8, 2016

The law of Alabama does not have a definition of a loaded gun, so we can assume that a loaded firearm has a cartridge in the firing chamber or have an attached magazine.

State of Emergency
Section 31­9­8. The Powers of the Governor
Under this section, the powers of the governor shall apply during a state of emergency only, which will be identified and proclaimed by the Governor himself when there is an attack, natural disaster or emergency that may endanger the lives of the public. The state of emergency shall last for 60 days only, unless a joint resolution extends the emergency.

During the emergency period, the Governor have the following powers:
● Appoint agencies and offices on jobs that are necessary to address the situation. Under this section, confiscation of a firearm or ammunition for a lawful carrier shall not be allowed. A law enforcement officer may disarm an individual if he is proven to endanger the safety of the residents. When the person is discharged, the officer must return the confiscated firearm unless that person is charged with crime.

Section 31­9­10. Local Emergency Management Organizations: Emergency Powers of Political Subdivisions

Political subdivisions are allowed to establish organizations during a state of emergency if it is believed to be necessary to carry out the emergency management plans. Such organizations should perform their functions within the limits of their territory.

This section does not allow confiscation of a firearm or ammunition from an individual who is legally carrying.

Note: During a state of emergency, federal laws are applicable if the state is receiving financial assistance from the federal government. To learn more about the federal laws for state of emergencies, check the US Code 42-5207.