Just saying No

Just saying No

This is a discussion on Just saying No within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; I am in a quandary. After reading all the threads about Katrina, I really do not know what to do. So let me ask. Say ...

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  1. #1
    VIP Member Array ExactlyMyPoint's Avatar
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    Just saying No

    I am in a quandary. After reading all the threads about Katrina, I really do not know what to do. So let me ask.

    Say Katrina hits again. (Or some other type of disaster.) If the mayor (illegally) dictates that he is going to confiscate all guns and if cops come to your door and ask if you have any guns, is it legal to say no when you do? If you do say no, can they enter your house anyways and search for guns? What if you had them hidden? Obviously you are not going to argue with four cops with automatic weapons, but I am not so sure you are under obligation to assist them or cooperate with them. And what about if you are in your car and they stop you. Your guns are either concealed or hidden. If they ask you if you have any guns, are you obligated to tell them yes? Would they search you if you said no?

    Please note. I am not advocating illegal activity. I am trying to balance being able to protect myself versus what I am obligated by law to do.
    Preparing for the Zombie Apocalypse or Rapture....whichever comes first.


  2. #2
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    Senior Member Array EW3's Avatar
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    No!!!

    Does this mayor have the authority to overturn state and federal law? No.
    "Naked and Starving as They are We Cannot Enough Admire the Incomparable Patience and Fidelity of the Soldiery" George Washington, Valley Forge, 1777.

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    VIP Member Array Janq's Avatar
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    First things first, check your state law to be sure that as much is not lawful and legal in your state of residence, business, and/or travel.

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

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    Kentucky passed legislation that our guns cannot be taken away in the event of a disaster.

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    Guns? I don't have any guns...

    I think that you want the guy down the street...
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

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    VIP Member Array cdwolf's Avatar
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    I want a written and signed warrant, before they enter, if not the will force their way in! Which in my book is a crime! I'm going to use my nunchuck skills to disarm all of them and throw them out of my house!! While my guns are mounted on robots on my second floor!
    Try taking a gun from a robot!!!
    GUN CONTROL= I WANT TO BE THE ONE IN CONTROL OF THE GUN

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

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    VIP Member Array cdwolf's Avatar
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    Quote Originally Posted by kentuckycarry View Post
    Kentucky passed legislation that our guns cannot be taken away in the event of a disaster.
    Does anyone know which, if any other states passed similar bills?
    GUN CONTROL= I WANT TO BE THE ONE IN CONTROL OF THE GUN

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

  8. #8
    Member Array echo5tango's Avatar
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    if they knock on my door, i probably won't even answer ...

    if they stop me in my vehicle, that's a bit more tricky. if they want to dedicate the time to it, they can pull me out and terry frisk me and my immediate reachable area for weapons. if they find anything at all that gives them probable cause, they can and will search the rest of my vehicle.

    in this state (louisiana), you are required to notify a LEO upon official contact if you are carrying a concealed weapon. so, legally, i would be required to notify upon a vehicle stop if i was carrying.

    however, i generally keep one of these in my vehicle, especially on road trips (and a bug out due to natural disaster would qualify):


    popping the blaster in there and locking it is all that's legally required for me to NOT be carrying a concealed weapon any more, and therefore, i would NOT have to notify the LEO. also, that locked container would NOT be fair game for a terry frisk - in other words, they would have to get a warrant in order to access it without my consent.

    if you don't want one of those, go to an office supply store and pick up the cheapest briefcase they have (should be about $20). as long as it's lockable, you can do the same thing. any locked container is going to be off limits to that terry frisk.

    YMMV, and IANAL ... LEO's feel free to chime in and all that disclaimer crap.

    honestly, i've been through a hurricane evac, and you're NOT going to get pulled over during an evac. if you see a cop at all (other than directing traffic), you'll be extremely lucky. and the only way you ARE going to see one is if you do something horribly wrong.

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    Senior Member Array mech1369dlw's Avatar
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    Quote Originally Posted by cdwolf View Post
    Does anyone know which, if any other states passed similar bills?
    On March 6th, Kansas starts the process of doing the same thing. I have heard of it in a couple more states, but can't remember which ones they were.
    A person is justified in the use of deadly force, if such person reasonably believes deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.

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    Senior Member Array Barbary's Avatar
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    Really? God Bless Kentucky!!!

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    Member Array Arisin Wind's Avatar
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    Quote Originally Posted by retsupt99 View Post
    Guns? I don't have any guns...

    I think that you want the guy down the street...
    I love it!

  12. #12
    VIP Member Array rodc13's Avatar
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    I recommend that you contact your mayor, city council, chief of police, and any other appropriate officials and ask if they currently have a contingency plan in place for such a disaster. Ask if they would issue an order to confiscate weapons. If no plans are in place, then begin a local campaign to make sure a non-confiscatory policy is adopted. If one already exists, start a campaign to repeal it. If they won't repeal it, take steps to get them recalled or defeated in the next election.

    The time to work on these issues is before the disaster strikes.
    Cheers,
    Rod
    "We're paratroopers. We're supposed to be surrounded!" Dick Winters

  13. #13
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    It would be interesting to find out what exact powers are permissible when Martial law is declared.

    Martial law is not the same thing as a declared State of Emergency.
    It's my understanding that citizens do lose lots of "rights" during a declaration of Martial law.
    A declaration of Martial law is serious business and failure to comply sometimes means you get shot right on the spot.

    A State of Emergency WAS declared in New Orleans/Katrina but, not Martial law.
    Liberty Over Tyranny Μολὼν λαβέ

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    Member Array Biloxi Bersa's Avatar
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    A federal law was enacted in 2006 to prevent this type of activity from happening again.

    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.

    A number of other states have passed legislation that is similar to the federal law.

    It's not supposed to happen again....

    In the aftermath of the flood in New Orleans, police followed the mayor's directive and, in some cases, went door-to-door and conducted searches without a warrant.

    In a state of emergency and martial law, most constitutional rights go out the window.

    This issue has been debated before on this forum several times before. A few tough guys write they'll defend their right to 2A, blah, blah, blah. Six or seven LEO or guardsmen at the front door intent on coming in ain't going to be stopped by much.

    Let's hope that in the event of the next disaster, local communities will honor the federal law regarding confiscation of firearms.

  15. #15
    Senior Member Array Shadowsbane's Avatar
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    I am of the opinion that if they are knocking door to door like that chances are that they have a handfull of 4073 forms and know the right houses to knock on.

    Even if you really do not have the firearms they believe you to have, not producing them will probably cause issues.

    Yes, it shouldn't happen again. But often that means very little in the end.
    Now, we must all fear evil men. But there is another kind of evil which we must fear most, and that is the indifference of good men.

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