Loss of rights during disasters, like Katrina

Loss of rights during disasters, like Katrina

This is a discussion on Loss of rights during disasters, like Katrina within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; need help, new to site, i am seeing some states can shut down fire arms, ammo and alcohol sales during disasters, making one of the ...

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  1. #1
    Member Array big gary's Avatar
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    Loss of rights during disasters, like Katrina

    need help, new to site, i am seeing some states can shut down fire arms, ammo and alcohol sales during disasters, making one of the times you need a fire arm more difficult to support, if not taken away completely. can anybody here guide me to a list of rules for these states? rules that would limit my rights to legal concealed carry during these times and shut off ammo sales.
    thanks alot, gary


  2. #2
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    Actually, IIRC after Katrina many states approved legislation making it illegal for citys to arbitarilly confiscate individuals weapons. That being said, if the governor of a state declares martial law, well your rights for most things are going to be suspended, until martial law is lifted. In that case I would still have one or 2 guns available to me, that I would part with if ordered to. The rest would be securely and safely stored away.
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    Senior Member Array press1280's Avatar
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    The legislation after Katrina was called the Emergency Powers act I think. It's probably on the NRA website, you'll have to go back a year or so.
    I know there's at least a dozen or so states that enacted this. There may be more now, as it seems to be catching on like the Castle Doctrine.
    "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
    Nunn v. State GA 1848

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    Member Array KG4ZRC's Avatar
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    In a State of Emergency, alcohol and gun (and ammo) sales are halted IIRC. You should have your guns, and your ammo well before this stage...

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    Senior Member Array ICTsnub's Avatar
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    Kansas HB 2280

    http://www.kslegislature.org/bills/2008/2280.pdf

    Look at page 2 (8).

    Welcome to DC.

  6. #6
    Ex Member Array mustang's Avatar
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    All states may be different, I dont know, However for me. I will have my ammo stowed and properly rotated, in the evnt of a disaster.

    I am not a servivalist or a mercinary, but I am a realist.

  7. #7
    Member Array Biloxi Bersa's Avatar
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    Back at it again....

    The federal government and many states, including Mississippi, have passed legislation that prevents the confiscation of legally owned firearms in the face of a disaster.

    The Disaster Recovery Personal Protection Act of 2006 was a bill introduced in the United States Congress intended to prohibit the confiscation of legally-possessed firearms during a disaster. Its provisions became law in the form of the Vitter Amendment to the Department Of Homeland Security Appropriations Act, 2007.


    Background
    In the aftermath of Hurricane Katrina, New Orleans Chief of Police Eddie Compass ordered police and National Guard units to confiscate firearms from citizens who remained in the area.

    The National Rifle Association and Second Amendment Foundation filed a lawsuit against the city of New Orleans to place an emergency injunction forbidding such seizures from continuing. A temporary restraining order was granted September 23, 2005.[1]

    The Disaster Recovery Personal Protection Act of 2006 (H.R.5013, S.2599) was a bill introduced March 28, 2006 by Congressman Bobby Jindal in the House and on April 7, 2006 by Senator David Vitter in the Senate.[2] On August 4, 2006, it was referred to committee.

    On July 12, 2006 Senator Vitter proposed Senate Amendment 4615 (the Vitter Amendment) to Department Of Homeland Security Appropriations Act, 2007 (H.R. 5441), to prohibit the confiscation of a firearm during an emergency or major disaster if the possession of such firearm is not prohibited under Federal or State law.[3] The proposed amendment was subsequently modified to contain the provisions of the Disaster Recovery Personal Protection Act of 2006. However, the temporary surrender of a firearm could be required "as a condition for entry into any mode of transportation used for rescue or evacuation".


    Passage
    On July 13, 2006, the Vitter Amendment passed the United States Senate 84 to 16. It was retained by the conference committee. President George W. Bush signed the Department Of Homeland Security Appropriations Act on September 30, 2006 and it became Public Law 109-295.

    Regardless of martial law, this law prevents the confiscation of legally owned firearms.

    The law has been passed. It's nationwide.

  8. #8
    Senior Member Array InspectorGadget's Avatar
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    A minor nuisance like the Constitution and the law will not stop the Liberals, the supreme court has ruled and they are ignoring the ruling in DC. New laws have been passed in congress to help the citizens of DC and they are ignoring it. Why would Ray Nagin, Chicago's Daly, or Friscos Newsome care about these minor nuisances. They have an agenda and Kennedy/Obama/Feinstein wont be stopped that easily.
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  9. #9
    Member Array tflhndn's Avatar
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    In North Carolina, it is illegal to "transport" any weapon off of one's premises during a declared state of emergency.

    This has become a problem because it immediately strips CHP holders of their ability to carry, and several "declaratons" in the past few years went months before they were lifted (government oversight?).

    Additionally, the media never seem to publish the announcement that a State of Emergency has been lifted.

    In advance of Hanna and Ike, Gov. Easley declared a State of Emergency for the entire state. Still don't know whether it has been lifted.

  10. #10
    Member Array Rebmik's Avatar
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    Quote Originally Posted by big gary View Post
    need help, new to site, i am seeing some states can shut down fire arms, ammo and alcohol sales during disasters, making one of the times you need a fire arm more difficult to support, if not taken away completely. can anybody here guide me to a list of rules for these states? rules that would limit my rights to legal concealed carry during these times and shut off ammo sales.
    thanks alot, gary
    I couldn't imagine waiting until a time like that to run out and attempt to purchase guns/ammo. (Although I agree that what they did in New Orleans was very wrong)

    Kev

  11. #11
    Member Array big gary's Avatar
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    a big thank to all of you, that was alot of help. gary

  12. #12
    Member Array Biloxi Bersa's Avatar
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    State of emergency or not, the federal law (and Mississippi's) prohibits confiscation.

    And, here anyway, no prohibition on sales or drink.

    But if you've waited until a declaration to think about stocking up for a SHTF situation, it was poor planning.

  13. #13
    Senior Member Array jofrdo's Avatar
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    The original post didn't ask about confiscations; he was asking about shutting down sales. Tom Gresham was talking on GunTalk Radio about sales being shut down in Louisiana just before and just after Ike.

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