Government Code § 433.0045

Sec. 433.0045. FIREARMS. (a) A directive issued under this chapter may not: (1) authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition; or (2) prohibit or restrict the business or operations of a firearms or ammunition manufacturer, distributor, wholesaler, supplier, or retailer or a sport shooting range, as defined by Section 250.001, Local Government Code, in connection with a state of emergency. (b) A peace officer who is acting in the lawful execution of the officer's official duties during a state of emergency may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual. (c) The peace officer shall return a firearm and any ammunition to an individual disarmed under Subsection (b) before ceasing to detain the individual unless the officer: (1) arrests the individual for engaging in criminal activity; or (2) seizes the firearm as evidence in a criminal investigation. Added by Acts 2007, 80th Leg., R.S., Ch. 18 (S.B. 112), Sec. 4, eff. April 27, 2007. Amended by: Acts 2021, 87th Leg., R.S., Ch. 998 (H.B. 1500), Sec. 4, eff. September 1, 2021.