GiveThemBack.com

This is a discussion on GiveThemBack.com within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Not sure if everyone has seen this site, but it was setup in response to the confiscation of legally owned firearms from law abiding citizens ...

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Thread: GiveThemBack.com

  1. #1
    New Member Array BlackMax's Avatar
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    GiveThemBack.com

    Not sure if everyone has seen this site, but it was setup in response to the confiscation of legally owned firearms from law abiding citizens by the City of New Orleans in the aftermath hurricane Katrina. From what I understand, most of the firearms confiscated have not yet been returned to their rightful owners.

    It is scary to think this could happen in the USA.

    http://www.givethemback.com/pages/disarmed
    Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.
    --Benjamin Franklin

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  3. #2
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    And people wonder why we don't want a gun registration list
    Last edited by pgrass101; October 19th, 2006 at 02:51 PM.

  4. #3
    Distinguished Member Array 4my sons's Avatar
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    The anti's wont offer any opposition to this, but what will they do when their generators, vehicles are confiscated for the supposed greater good.

    Is it that hard to believe that it wouldn't happen.
    "fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen." [Warren v. District of Columbia,(D.C. Ct. of Ap., 1981)]
    If I have to explain it, you wouldn't understand

  5. #4
    VIP Member Array pogo2's Avatar
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    Cynical reality

    It is not common for a government to give back something that it has taken. When it happens it is worthy of note.

    I think I got a tax refund in 1992, but it wasn't much.

  6. #5
    Distinguished Member Array RSSZ's Avatar
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    Well.........don't know about "carefully holding in the palm of her hand",but them CHP boyz need to go back and Kalifornicate the people back home.

    Hope they never turn 'em loose in Fla. -------

  7. #6
    Member Array jowgafist's Avatar
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    under H.R.5441 sec. 706 passed and signed by the Pres. 10/2/06, they can no longer do what they did in New Orleans

    H.R.5441
    Department of Homeland Security Appropriations Act, 2007 (Enrolled as Agreed to or Passed by Both House and Senate)

    --------------------------------------------------------------------------------

    `SEC. 706. FIREARMS POLICIES.

    `(a) PROHIBITION ON CONFISCATION OF FIREARMS- No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may--

    `(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation;

    `(2) require registration of any firearm for which registration is not required by Federal, State, or local law;

    `(3) prohibit possession of any firearm, or 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 Federal, State, or local law; or

    `(4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency.

    `(b) LIMITATION- Nothing in this section shall be construed to prohibit any person in subsection (a) from requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency, provided that such temporarily surrendered firearm is returned at the completion of such rescue or evacuation.

    `(c) PRIVATE RIGHTS OF ACTION-

    `(1) 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.

    `(2) 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 United States district court in the district in which that individual resides or in which such firearm may be found.

    `(3) ATTORNEY FEES- In any action or proceeding to enforce this section, the court shall award the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs.'.
    Last edited by jowgafist; October 19th, 2006 at 04:26 PM.

  8. #7
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    Not True...

    Quote Originally Posted by jowgafist View Post
    under H.R.5441 sec. 706 passed and signed by the Pres. 10/2/06, they can no longer do what they did in New Orleans

    H.R.5441
    Department of Homeland Security Appropriations Act, 2007 (Enrolled as Agreed to or Passed by Both House and Senate)

    --------------------------------------------------------------------------------

    `SEC. 706. FIREARMS POLICIES.

    `(b) LIMITATION- Nothing in this section shall be construed to prohibit any person in subsection (a) from requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency, provided that such temporarily surrendered firearm is returned at the completion of such rescue or evacuation.
    re-read the limitation portion...Yes, they can do it again!

    ret
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  9. #8
    Member Array rlsmaritime's Avatar
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    Names/Units?

    Has anyone identified the officers involved and their agency affiliations? Time for lawsuits to get their attention.

    I understand members of the Oklahoma National Guard were involved in some of this nonsense as well.


  10. #9
    Senior Member Array raysheen's Avatar
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    Quote Originally Posted by jowgafist View Post
    under H.R.5441 sec. 706 passed and signed by the Pres. 10/2/06, they can no longer do what they did in New Orleans.
    A law doesn't prevent an act. This law doesn't really make me feel any better...for the same reason that a big assault weapons ban doesn't work. There are ways around it. Besides...before that law there was always the second ammendment...that didn't stop firearm confiscation by the government.

  11. #10
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    One of the last things I heard the NOPD say was that if they found you with a gun you would have to prove you owned it or they would take it. I guess they expect you to carry around a bill of sale or something. Too bad if you bought it used from a friend.

    The NOPD does not want armed citizens. Open carry is legal, try it and see what happens, it will not be too fun. Have a concealed handgun permit and get pulled over, you will get a lecture and be questioned as to why you feel the need to carry a gun. You will be told that the police is there to protect you.

    The people in NOLA that had their guns taken will probably not see them again, if they do they will be in bad condition. I would say most have given up on getting them back. I have been told in order to get one back you must prove you are the owner. We have no gun registration, unless you have a bill of sale you can not prove it is yours.

  12. #11
    Member Array myusername's Avatar
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    Quote Originally Posted by RSSZ View Post
    Well.........don't know about "carefully holding in the palm of her hand",but them CHP boyz need to go back and Kalifornicate the people back home.

    Hope they never turn 'em loose in Fla. -------
    The CHP guys were down here shooting our alligators.

  13. #12
    Member Array PolarBear's Avatar
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    Quote Originally Posted by retsupt99 View Post
    Quote Originally Posted by jowgafist View Post
    `(b) LIMITATION- Nothing in this section shall be construed to prohibit any person in subsection (a) from requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency, provided that such temporarily surrendered firearm is returned at the completion of such rescue or evacuation.
    re-read the limitation portion...Yes, they can do it again!

    ret
    I disagree with your interpretation of this law.
    The "limitation" section clearly is referring to the "entry into any mode of transportation used for rescue or evacuation". The intent of this section is to say that you must surrender your firearm while being transported, but that firearm "is returned at the completion of such rescue or evacuation".

    I do think that the intent of the law is to only temporarily "hold" your firearms while being transported during an evacuation. I do believe the law leaves a lot of room for other laws to prohibit the possession of firearms during this type of situation. See below:
    Quote Originally Posted by jowgafist View Post
    `(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation;

    `(3) prohibit possession of any firearm, or 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 Federal, State, or local law; or
    The mention of "prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law", leaves the door open to the creation of new laws or the creative use of existing laws to prohibit the possession of firearms.

    For instance, if the "temporary housing" were considered "federal property" it may be illegal to possess a firearm. Or if the location you were evacuated to was an "off limits place" you may not be able to legally possess a firearm.
    Last edited by PolarBear; October 19th, 2006 at 06:36 PM.
    "Personal weapons are what raised mankind out of the mud..."
    -Jeff Cooper, "The Art of the Rifle"

  14. #13
    Distinguished Member Array RSSZ's Avatar
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    Hell man,they couldn't do it then........and they did it. Whats to stop them from doing it next time when they "can't" do it ??

    Seems to me that "they" can do anything in the "name of the law". Then all they gotta do is say,"oops,sorry".

    The poor citizens of NOLA still haven't gotten all their weapons returned to them. --------

  15. #14
    Member Array fsufanaz's Avatar
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    Just because there is a law it doesn't mean they won't confiscate your guns. Under an emergency order they can and will do what ever "they" think is best.

    Ed
    US Navy Retired Silent Service

    The real test of a man is not when he plays the role he wants for himself, but when he plays the role destiny has for him.
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  16. #15
    Member Array sailormnop's Avatar
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    The law the president signed doesn't matter anyway. It only prevents FEDERAL uniformed service members from taking our guns. States have done it before and they will do it again.
    Check out the Free State Project

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