This is a discussion on is there a state where they may confiscate for emergency? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Originally Posted by rightdog I read on another board that the current sheriff in clark county has stated that one of the reasons he believes ...
"You will not rise to the occasion and you will not default to your level of training. You WILL ONLY default to the level of training you have mastered."
-Ruger P345; LCP
-Mossberg 590A1; Model 42
-Phoenix Arms Raven
There was a lot of anger about the NRA NOT investigating things and taking the local Chief's view of things without talking to gun owners in an emergency. There was a lot of "painting over" going on by several people .. who went beyond their legal authority to do what they did.
Here's a summary by someone who was involved with investigating it..... and you would not want to question their honesty, objectivity, or thoroughness.... well respected by everyone in all categories. There are more in-depth reports that were done, etc. including by the Legislature that confirmed this and more.... but here's a summary of part of it.
Greensburg Report - KSCCW.com Forum
Their work and reports on it to the Legislature, was one of the major reasons the Legislature investigated it, found many of the same things, and then passed the new law .... making it illegal to confiscate guns from owners in an emergency.
You honestly think the Legislature took the time to investigate it, become concerned enough to write the law and pass it, because nothing happened , it was all unfounded, and nothing happened ?
The government has done it before in disaster areas. In a bad disaster the government will impose mandatory curfews and weapon confiscation.
Proud houlder of a Texas Open Carry License.
I believe both the Senate and House of Representatives votes, signed by Bush, to bar emergency gun confiscation in 2006 (passed by a very solid margin).
The U.N.'s International Gun Control Plan could overturn this given the right set of circumstances, but not so much as a gun grab.
Lastly, holds little weight, under martial law (especially if DOD is involved), IMHO, but would protect under natural disasters. Going to have to trust the people who take an oath to defend the COTUS not to follow orders to take guns (as has happened in the past with 2A).
In a bad enough situation, does not mean you can get on say a FEMA camp with a firearm. No matter how well you plan, a choice between your kids (or self) needing food and shelter vs your carry will most likely lead to you being unarmed.
S&W 642 (no-lock) with .38 Spl +P 135 GR Gold GDHP
Glock G31 & G33 with .357 Sig 125 GR. SXT Winchester Ranger
I think Oklahoma signed a law stating that confiscation is illegal, but Thanis is correct, any FEMA camp, Red Cross or other shelter will not allow firearms.
Touchy situation, really, as long as you have your place of residence intact, or at least not condemned, then you should be ok. But if you gotta got to FEMA or Red Cross camps, hotels that are set aside as shelters, or government reeducation camps (j/k)...you could be screwed.
S&W M&P 9c
Ruger LCR + P (.38)
Taurus M851 (.38)
If you have to go to a FEMA or Red Cross hotel/camp, etc, you are screwed in more ways than that.
sorry occifer...I sold them all to pay the bills when the economy tanked...
-The Mist (2007)"My God David, We're a Civilized society."
"Sure, As long as the machines are workin' and you can call 911. But you take those things away, you throw people in the dark, and you scare the **** out of them; no more rules...You'll see how primitive they can get."
Post Katrina, Missouri passed a "Katrina Law" in order to prevent that from happening in Missouri.
However, in a disaster the Government, whether it's State or Federal, are "gonna do what they are gonna do."
History shows that at the time of the crisis, those in authority pretty much do whatever they want... "for the good of the people" and don't seem to let any silly laws stand in their way. If they want to confiscate guns, they will confiscate guns by force and deal with the consequences and the law suits later on after the smoke clears and they are forced to address their actions via law suits filed against them.
What happened during Katrina was a clear violation of at least the second and fourth amendments as far as I'm concerned. They knew it was wrong, we knew it was wrong, and yet they did it. And those who confiscated the guns ended up losing every law suit in the end.
So, while Missouri now has a Katrina Act, as such, it really remains to be seen what happens in the next disaster or State wide emergency. Will they confiscate guns, or won't they? I don't know.
In New Orleans, they had no problem violating the second and fourth amendment rights of people, so, you think a State enacted Katrina Law will stop them? Maybe?
So, when it happens, people will be faced with a choice. Start firing on law enforcement officers and National Guard troops or surrender their weapons. You may get away with saying you don't own any weapons when they come door to door, but if they catch you with one outside they will confiscate it on the spot, and may even jail you.
What I would seriously consider, is that you maintain some sort of "proof of ownership" and or a record of all your serial numbers if you intend to surrender your weapons during a confiscation. One of the problems in New Orleans, after the State lost all the lawsuits and were ordered to return the weapons, they balked about returning guns to people who could not provide a "proof of ownership" So for guns you do not have a sales receipt for, you better have a list of their serial numbers.
Be prepared to have your guns returned in poor condition. Many of the guns returned were ruined and rusted up pretty bad because of the poor storage conditions. Absolutely no reasonable care was afforded to the guns which were seized during Katrina. Also, be prepared for the famous, "Ummm we can't seem to locate your firearm" response. There were several gun owners who got that reaction when trying to retrieve their weapons.
One last bit of advice if you choose to comply and surrender your weapons is to attempt to get them to write out a receipt for the guns they take. However, several people tried that and the LEO's outright refused to do it, or threatened to Jail them for interfering. I don't believe anyone got a receipt on a piece of paper for the guns they surrendered, however it never hurts to ask.
Also, if you plan on complying, go ahead and make your own pre-made receipt already made out in advance, with the make; model; serial number along with your name, address and phone number. Maybe if all they have to do is sign it, they'll be more inclined to do so instead of being bothered with having to write one out for you themself. (you never know) There's also no guarantee the LEO who signs for it will be able to be tracked down after the emergency. Again, it's just a suggestion on a way to CYA.
If they refuse to give you a receipt or sign one you've already made out, attempt to get the name of an officer or look for some sort of identifying agency or patch they may be wearing. Some of the people used to seize weapons were National Guardsmen and I've also heard, some of them were State Highway Patrol officers brought in from California. (I have no first hand knowledge of this, but it was reported on some news reports at the time, which ultimately may not have been accurate).
Of course there are those who say they will defend with lethal force against gun confiscation. I won't either condone, support or recommend against that one way or the other. That is a decision individuals will have to make. And we'll see how many people do in fact do that via the news reports when the next gun confiscation occurs during the next disaster.
One thing I will point out. If you evacuate during a disaster and plan on staying in any Government provided shelter set up throughout the area, they will confiscate all your weapons, including pocket knives, kitchen knives and even multi-tools before they let you and your family in. I can see their reasoning, but they are still violating your rights.
I would recommend you plan ahead for any type of disaster and when you evacuate, do so where you can avoid having to stay in shelters with the other masses and refugee's. Plan ahead and stay with relatives or friends out of State if necessary.
Remember, once you surrender your survival tools, you aren't getting them back in the foreseeable future and you are completely at the mercy of the government for all your needs. And from what I see in past examples, they do a poor to mediocre job at best. Hardly what anyone could say as adequate to good.
"The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."
There are some county ones here in Washington State. They probably violate the state preemption law, but that won't stop them from trying. There has been a bill floating around to explicitly prohibit emergency seizures, but it hasn't gotten far.
King County: http://www.kingcounty.gov/council/le..._Title_12.ashx
Note it prohibits possession- that includes your home. I have no idea what "intent to use the same to cause such harm" means...Emergency powers conferred upon executive
12.52.030 Powers delineated.
9. An order prohibiting the carrying or possession of firearms or any instrument which is capable of producing bodily harm and which is carried or possessed with intent to use the same to cause such harm; provided that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties;
"a reminder that no law can replace personal responsibility" - Bill Clinton 2010.
oh, there is a State law that gives the governor powers as well:
RCW 43.06.220: State of emergency ? Powers of governor pursuant to proclamation.
State of emergency — Powers of governor pursuant to proclamation.
(1) The governor after proclaiming a state of emergency and prior to terminating such, may, in the area described by the proclamation issue an order prohibiting:
(e) The possession of firearms or any other deadly weapon by a person (other than a law enforcement officer) in a place other than that person's place of residence or business;
"a reminder that no law can replace personal responsibility" - Bill Clinton 2010.
PA law not only prevents confiscation, it steps it up one by saying you may only carry if you have a LCTF, and that you have every right to defend yourself under such a threat.
That happened this winter when we had that huge blizzard, we couldn't OC or CC without our LCTF, but we could carry.
§ 6107. Prohibited conduct during emergency.
No person shall carry a firearm, rifle or shotgun upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:
1. Actively engaged in a defense of that person's life or property from peril or threat.
2. Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)