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Texas law regarding firearms during a declared state of emergency


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Most of us remember the fiasco post-Katrina in Louisianna.

Here is what Texas law says about that...


Sec. 433.0045. FIREARMS.



(a) A directive issued under this chapter may not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.

(b) A peace officer who is acting in the lawful execution of the officer's official duties during a state of emergency may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual.

(c) The peace officer shall return a firearm and any ammunition to an individual disarmed under Subsection (b) before ceasing to detain the individual unless the officer:

(1) arrests the individual for engaging in criminal activity; or

(2) seizes the firearm as evidence in a criminal investigation.

Added by Acts 2007, 80th Leg., R.S., Ch. 18 (S.B. 112), Sec. 4, eff. April 27, 2007.



All y'all stay safe...

Edited by RussP
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  • 9 months later...

That's the anytime law, too.  Applies at all times. 

It was the feds that passed a law about this the following year after Katrina:


In 2006 Congress passed the Disaster Recovery Personal Protection Act that became incorporated as an amendment to the Department of Homeland Security Appropriations Act of 2007. It was signed into law on October 4, 2006. This federal legislation prevents the government from confiscating legally-owned firearms during times of major disasters or state of emergency. Following the example of the federal government, most state legislatures adopted similar versions of this law.


  The full text of that bill can be found here:  https://capitol.texas.gov/tlodocs/80R/billtext/html/SB00112F.htm


Edited by Lord
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  • 4 weeks later...

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