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GOLD Confiscation Risk Rising as U.S. Activates Emergency Powers

Taylor Kenney - ITM Trading Aug 18, 2026

Gold confiscation risk is back in focus as U.S. emergency powers expand over strategic materials. Here’s what history says investors should know.

Gold Confiscation Risk Has Happened Before

In 1933, during a severe banking crisis, President Franklin D. Roosevelt issued Executive Order 6102, requiring most Americans to turn over gold bullion, gold coins, and gold certificates in exchange for dollars.

Certain collectible and rare coins were exempt.

Afterward, the official gold price was raised from $20.67 to $35 per ounce, effectively reducing the dollar’s value against gold.

Then, in 1934, the government also required delivery of certain silver holdings, although domestic coins and other categories were exempt.

The lesson is simple: when governments face extraordinary pressure, private ownership rules can change.

U.S. Emergency Powers Are Expanding

In July 2026, the Trump administration moved aggressively to secure domestic supplies of critical minerals.

First came an executive order focused on mapping and strengthening strategic supply chains.

Ten days later came a Defense Production Act determination acknowledging that national-defense demand for certain materials could conflict with normal civilian distribution.

Then came action.

Federal regulators moved to restrict certain battery waste and tungsten scrap from flowing freely into foreign markets, prioritizing domestic access instead.

The timeline matters:

  • Government maps strategic materials.
  • Officials warn supply may be insufficient.
  • National defense receives priority.
  • Private-market activity becomes restricted.

That does not equal gold confiscation. But it establishes a precedent for government intervention when strategic materials become scarce.

Silver Is a Critical Mineral—Gold Is Not

One important distinction: silver is currently included on the U.S. critical-minerals list, while gold is not.

That means current critical-mineral policies should not be portrayed as a direct gold confiscation program.

Still, broader federal mineral policy has included gold within strategic domestic production initiatives, while silver’s industrial importance continues to grow.

The real concern is not that confiscation is happening now.

It is whether future monetary, military, geopolitical, or supply-chain stress could produce new restrictions.

Why Physical Gold and Silver Matter

Many investors say they own gold when what they actually own is a financial claim tied to gold.

Gold ETFs can provide convenient price exposure.

But if your concern is:

  • Dollar devaluation
  • Banking instability
  • Counterparty risk
  • Government overreach
  • Inflation
  • Retirement insecurity

then how you own gold and silver matters.

Physical gold and silver are tangible assets held outside the direct liability structure of banks and financial institutions.

That distinction becomes especially important during periods when trust in the system is deteriorating.

Central banks understand this. They continue accumulating physical gold as a reserve asset rather than relying solely on another government’s promise to pay.

Gold vs. Dollar: Watch the Rules

Physical precious metals have historically been used for wealth preservation, diversification, and as an inflation hedge during periods of currency instability.

No one can responsibly claim another 1933-style confiscation is imminent.

But investors should pay attention when emergency powers expand, strategic materials become national priorities, and governments increasingly intervene in markets.

The greatest risk may not be what the rules say today—but what they could say during the next crisis.

About ITM Trading

ITM Trading has over 28 years of experience helping clients safeguard their wealth through personalized strategies built on physical gold and silver. Our team of experts delivers research-backed guidance tailored to today’s economic threats.

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