It is ILLEGAL for anyone, including law enforcement, to confiscate legal firearms and ammunition during a declared state of emergency or local emergency.

See Federal Emergency Powers Here.

State Cannot Impose New Restrictions

During a declared state of emergency or local emergency, neither the governor nor an agency of a governmental entity or political subdivision of the state may impose restrictions, which were not in force before the declared state of emergency, on the lawful possession, transfer, sale, transport, storage, display, or use of a firearm or ammunition; and an individual, while acting or purporting to act on behalf of the state or a political subdivision of the state, may not confiscate a privately owned firearm of another individual.

If Your Firearms Are Confiscated, You Can Sue

An individual who has a firearm confiscated in violation, may bring a civil action in a court having the appropriate jurisdiction for damages, in the maximum amount of $10,000 against a person who violated, for a civil penalty in the amount of $5,000 per violation against a person who violated, and for return of the confiscated firearm.
If a law enforcement officer commits a violation, the officer’s liability is limited to 5% of the damages and civil penalty, if the officer can show by clear and convincing evidence that the officer was obeying a direct and unlawful order from a superior officer or authority. The court shall assess the balance of the damages and civil penalty, the remaining 95%, against the superior officer or authority who ordered or directed the confiscation in violation of law.

Law Enforcement Protected For Refusing To Confiscate

A law enforcement officer is not subject to disciplinary action for refusing to confiscate a firearm under this section if ordered or directed to do so by a superior officer, and by obeying the order or direction, the law enforcement officer would be committing a violation of law.

Laws

  • 53-2a-204. Authority of governor — Federal assistance — Fraud or willful misstatement in application for financial assistance — Penalty.
  • 53-2a-214. Prohibition of restrictions on and confiscation of a firearm or ammunition during an emergency.