STATE
EMERGENCY POWERS OF GOVERNOR (EXCERPT)
Act 302 of 1945
10.31 Proclamation of state of emergency; promulgation of orders, rules, and regulations; seizure of firearms, ammunition, or other weapons.
Sec. 1.
(1) During times of great public crisis, disaster, rioting, catastrophe, or similar public emergency within the state, or reasonable apprehension of immediate danger of a public emergency of that kind, when public safety is imperiled, either upon application of the mayor of a city, sheriff of a county, or the commissioner of the Michigan state police or upon his or her own volition, the governor may proclaim a state of emergency and designate the area involved. After making the proclamation or declaration, the governor may promulgate reasonable orders, rules, and regulations as he or she considers necessary to protect life and property or to bring the emergency situation within the affected area under control. Those orders, rules, and regulations may include, but are not limited to, providing for the control of traffic, including public and private transportation, within the area or any section of the area; designation of specific zones within the area in which occupancy and use of buildings and ingress and egress of persons and vehicles may be prohibited or regulated; control of places of amusement and assembly and of persons on public streets and thoroughfares; establishment of a curfew; control of the sale, transportation, and use of alcoholic beverages and liquors; and control of the storage, use, and transportation of explosives or inflammable materials or liquids deemed to be dangerous to public safety.
(2) The orders, rules, and regulations promulgated under subsection (1) are effective from the date and in the manner prescribed in the orders, rules, and regulations and shall be made public as provided in the orders, rules, and regulations. The orders, rules, and regulations may be amended, modified, or rescinded, in the manner in which they were promulgated, from time to time by the governor during the pendency of the emergency, but shall cease to be in effect upon declaration by the governor that the emergency no longer exists.
(3) Subsection (1) does not authorize the seizure, taking, or confiscation of lawfully possessed firearms, ammunition, or other weapons.
FEDERAL
****H.R. 5441 [109th]: Department of Homeland Security Appropriations Act, 2007 Section 557 -
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to prohibit any U.S. officer or employee, or person operating under color of federal law, under control of a federal official, or providing services to such person, while acting in support of relief from a major disaster or emergency, from: (1) seizing any firearm the possession of which is not prohibited under federal or state law, other than for forfeiture in compliance with federal law or as evidence in a criminal investigation; (2) requiring registration of any firearm for which registration is not required by federal or state law; (3) prohibiting possession of any firearm where such possession is not otherwise prohibited; or (4) prohibiting the carrying of a firearm by any person otherwise authorized to carry firearms, solely because such person is operating under the control of a federal agency in support of relief from a major disaster or emergency. Authorizes any individual aggrieved by a violation of this Act to seek relief by bringing an action for redress and by bringing a civil action in U.S. district court for return of a confiscated firearm.
