§ 12-61-115 — Proclamation of emergency

(a) Whenever any portion of the militia is employed in aid of the civil authority, the Governor, if in his or her judgment the maintenance of law and order or preservation of the public health or security will thereby be promoted, may by proclamation declare the county, city, zone, or sector in which the troops are serving, or any specified portion thereof, to be in a state of insurrection or emergency. (b) Should the Governor proclaim a state of insurrection or emergency hereunder and in the event the local courts or law enforcement officers are incapable of functioning, such legal functions in furtherance of the enforcement of the civil laws of the state shall be performed by the militia. (c) This section does not authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition. (d) Any law enforcement officer or member of the militia who seizes or confiscates a firearm or ammunition from an individual under this section shall return the seized or confiscated firearm or ammunition to the individual unless: (1) The individual is arrested for a criminal offense; or (2) The seized firearm or ammunition is needed as evidence in the furtherance of an investigation of a criminal offense.

Legislative History

Acts 1969, No. 50, §§ 8, 20; A.S.A. 1947, §§ 11-108, 11-120; Acts 2007, No. 1578, § 1.