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D I D Y O U K N O W ? Corporations VOTED to adopt this. Through ALEC, global companies

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“ALEC”
has long been a
NEWS
secretive collaboration
between
Big Business
and
Model
Legislation
“conservative” politicians.
Civil Justice
Behind closed doors, they
ghostwrite
“model”
bills to
Commerce,
Insurance,
and Economic
be introduced
in state
capitolsDevelopment
across the country.
This agenda--underwritten
Education
by global corporations-includesEnergy,
major Environment,
tax
andfor
Agriculture
loopholes
big industries
and theFederal
super rich,
Relations
proposals to offshore U.S.
Health
and Human
jobs and
gut minimum
Services
wage, and
efforts to
weakenInternational
public health,
safety, and
environmental
Relations
protections. Although many
Safety
and
of thesePublic
bills have
become
Elections
law, until
now, their origin
has been
largely
unknown.
Tax
and Fiscal
Policy
With ALEC EXPOSED, the
Telecommunications
Center for
Media and
and Information
Democracy
hopes more
Technology
Americans will study the
bills to understand the
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depth and breadth
how
big corporations
arePage
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changing the legal rules
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and undermining
democracy
across the nation.

ALEC’s’Corporate Board
--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

By the Center for
Media and Democracy
www.prwatch.org

Home

work as “equals” in “unison” with politicians to write laws to govern your life. Big
MODEL LEGISLATION
ALEC INITIATIVES
PUBLICATIONS
Business
has “a VOICE TASK
and aFORCES
VOTE,” according
to newly exposed
documents. DO YOU?

Model Legislation

Public Safety and Elections

Emergency Powers Firearm Owner Protection Act

Summary

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

This Act amends emergency powers laws and state firearm preemption laws to
prohibit the seizure or confiscation of firearms and ammunition lawfully
possessed by a person during a declared state of emergency. Any public officer
or employee in violation shall be held criminally and civilly liable under the
provisions of this Act.
Section 1. {Title}
This Act shall be known as the Emergency Powers Firearm Owner Protection Act.
Section 2. {Prohibiting seizure of firearms during state of emergency}
Pursuant to the Second Amendment of the United States Constitution and [insert
appropriate section referencing state right to keep and bear arms clause] of the
Constitution of [insert state name], nothing under this or any other provision of
law shall be construed to authorize the seizure or confiscation of a firearm or
ammunition during a declared state of emergency or natural disaster except
from a person who is unlawfully carrying or in unlawful possession of such
firearm or ammunition.
Section 3. {Limiting authority to restrict firearm use during state of
emergency}
Pursuant to the Second Amendment of the United States Constitution and [insert
appropriate section] of the Constitution of [insert state name], nothing under
this or any other provision of law shall be construed to authorize the Governor,
any political subdivision of the state, or any other governmental authority to
impose additional restrictions on the lawful possession, transfer, sale, transport,
carrying, storage, display or use of firearms or ammunition during a declared
state of emergency or natural disaster.
Section 4. {Penalties}
(a) CRIMINAL PENALTIES- Any public officer, public employee, or other person
who intentionally or knowingly seizes or confiscates a firearm or ammunition
from a person in violation of this section, or who orders, aids or assists such
seizure or confiscation, shall be guilty of the crime of larceny of a firearm or
ammunition, and on conviction shall be punishable by confinement in a state
correctional facility for not less than two years nor more than 10 years, shall be
fined not more than ten thousand dollars, or both.
(b) FORFEITURE OF EMPLOYMENT- Upon conviction under this section, such
public officer or public employee shall be deemed guilty of malfeasance in
office or employment, and shall forfeit such office or employment.
Section 5. {Private rights of action}
(a) IN GENERAL- Any individual aggrieved by a violation of this section may
seek relief in an action at law, suit in equity, or other proper proceeding for
redress against any person who subjects such individual, or causes such
individual to be subjected, to the deprivation of any of the rights, privileges, or
immunities secured by this section.
(b) REMEDIES- In addition to any existing remedy in law or equity, under any
law, an individual aggrieved by the seizure or confiscation of a firearm in
violation of this section may bring an action for return of such firearm in the
jurisdiction in which that individual resides or in which such firearm may be
found.
(c) ATTORNEY FEES- In any action or proceeding to enforce this section, the
court shall award the prevailing party, other than the United States or [insert
state name], a reasonable attorney's fee as part of the costs.
Section 6. {Severability Clause}
Section 7. {Repealer Clause}

Section 7. {Repealer Clause}
Section 8. {Effective Date}
Adopted by ALEC's Civil Justice Task Force at the Annual Meeting, July 20,
2006. Approved by the ALEC Board of Directors August, 2006.

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