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Rumor Mill News Reading Room, Current Archive

Declared Emergency, Confiscation of Firearms Prohibited

Posted By: Basil
Date: Saturday, 9-Jan-2021 07:27:40
www.rumormill.news/142307

~Basil

Dear MSSA Friends,

I see that Governor ("Gun Ban") Bullock has declared a state of emergency for Montana because of the threat from the new Coronavirus.

You may be interested to know that after the Hurricane Katrina fiasco in Louisiana, MSSA got a bill passed by the Legislature and signed into law that prohibits confiscation of firearms in a declared emergency. That state law is at:
https://leg.mt.gov/bills/mca/title_0100/chapter_0030/part_0010/section_0140/0100-0030-0010-0140.html

Here is the law itself:

Confiscation Of Firearm By Government Prohibited -- Private Right Of Action -- Costs And Expenses

10-3-114. Confiscation of firearm by government prohibited -- private right of action -- costs and expenses. (1) Following a declaration of an emergency or disaster pursuant to this chapter, a peace officer or other person acting or purporting to act on behalf of the state or a political subdivision of the state may not take a confiscation action.

(2) After a violation of subsection (1) has occurred, the party injured by a confiscation action may bring an action for damages in a court having jurisdiction.

(3) A party awarded damages pursuant to this section must also be awarded the party's costs and expenses in bringing the action, including reasonable attorney fees.

(4) (a) As used in this section, "confiscation action" means the intentional deprivation by a person in Montana of a privately owned firearm.

(b) The term does not include the taking of a firearm from a person:

(i) in self-defense;

(ii) possessing a firearm while the person is committing a felony or misdemeanor; or

(iii) who may not lawfully possess the firearm because of a prior criminal conviction.

That's the law in Montana.

Best wishes,

--

Gary Marbut, President

Montana Shooting Sports Association

http://www.mtssa.org

Author, Gun Laws of Montana

http://www.mtpublish.com



RMN is an RA production.

Articles In This Thread

Declared Emergency, Confiscation of Firearms Prohibited
Basil -- Saturday, 9-Jan-2021 07:27:40
Reader: The U. S. Corporate government has legally been in a state of emergency since Congress walked out in the early 1860s
RumorMail -- Saturday, 9-Jan-2021 07:27:41

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AN EXPLANATION OF THE FACTIONS