§ 29:738 — Emergency powers do not extend to confiscation or seizure of lawfully possessed or

§738. Emergency powers do not extend to confiscation or seizure of lawfully possessed or
used firearms, weapons, or ammunition; exceptions
A. The right of each citizen to keep and bear arms is fundamental and shall not be
infringed. Nothing in this Chapter shall authorize the seizure or confiscation of any firearm
or ammunition from any individual who is lawfully carrying or possessing the firearm or
ammunition except as provided in Subsection B of this Section.
B. A peace officer who is acting in the lawful discharge of the officer's official duties
may disarm an individual if the officer reasonably believes it is immediately necessary for
the protection of the officer or another individual. The peace officer shall return the firearm
to the individual before discharging that individual unless the officer arrests that individual
for engaging in criminal activity, or seizes the firearm as evidence pursuant to an
investigation for the commission of a crime.
C. Firearms and ammunition manufacturers, distributors, wholesalers, suppliers, and
retailers and shooting ranges are essential businesses and operations for purposes of safety
and security and shall not be prohibited or restricted from operating or conducting business
during a declared emergency or disaster.

Legislative History

Acts 2006, No. 275, §2, eff. June 8, 2006; Acts 2020, No. 325, §2.