Appendix A Statutes, Regulations, and Executive Orders Related to Sheltering ** The following information is not intended, nor should it be construed, as legal advice. Emergency Management Laws Regulation or Statute Citation What it says Application to mass care & sheltering Stafford Act Section 706 1In a federally-declared disaster, unless there is Virginia has a law that allows the a state or local law prohibiting firearms in Governor to temporarily prohibit shelters or other mass care facilities, it is against firearms in any emergency shelter in federal law for anyone working for a state, local, the Commonwealth (COV § or non-profit agency that receives federal funds, This is done through an while acting in support of relief from the executive order and it is unclear disaster to prohibit possession of any firearm or whether this state statue meets the to promulgate any rule, regulation, or order requirements of § 706 to permit this prohibiting possession of any firearm, in any type of firearms prohibition. The impact place or by any person where such possession is this could have on sheltering is not otherwise prohibited by law. If that significant. During a federally-declared happens, the aggrieved party (the one who was event or upon transition to a not allowed to possess their firearm) may sue event, localities and the the individual(s) who prohibited their American Red Cross may opt not to possession. Individual state, local, and provide shelters to avoid creating an employees and volunteers may be sued as unsafe environment for residents and individuals. to eliminate the potentially liability to state personnel and volunteers. Post-Katrina Sec. 512. (a) 2Allows EM agencies to use SHSGP and UASI This statute does NOT require agencies Emergency funds for evacuation planning, preparing for, to use their funding for these plans but Management exercise and execution of mass evacuation does enable them to use the funding to
Appendix A Statutes, Regulations, and Executive Orders Related to Sheltering ** The following information is not intended, nor should it be construed, as legal advice. Emergency Management Laws Regulation or Statute Citation What it says Application to mass care & sheltering Stafford Act Section 706 1In a federally-declared disaster, unless there is a state or local law prohibiting firearms in shelters or other mass care facilities, it is against federal law for anyone working for a state, local, or non-profit agency that receives federal funds, while acting in support of relief from the disaster to prohibit possession of any firearm or to promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by law. If that happens, the aggrieved party (the one who was not allowed to possess their firearm) may sue the individual(s) who prohibited their possession. Individual state, local, and employees and volunteers may be sued as individuals. Virginia has a law that allows the Governor to temporarily prohibit firearms in any emergency shelter in the Commonwealth (COV § This is done through an executive order and it is unclear whether this state statue meets the requirements of § 706 to permit this type of firearms prohibition. The impact this could have on sheltering is significant. During a federally-declared event or upon transition to a event, localities and the American Red Cross may opt not to provide shelters to avoid creating an unsafe environment for residents and to eliminate the potentially liability to state personnel and volunteers. Post-Katrina Emergency Management Sec. 512. (a) 2Allows EM agencies to use SHSGP and UASI funds for evacuation planning, preparing for, exercise and execution of mass evacuation This statute does NOT require agencies to use their funding for these plans but does enable them to use the funding to
FINAL_DRAFT_Sheltering_Strategy_Framework.docx