In Case of Natural Disaster: Need to KNow!

This is a discussion on In Case of Natural Disaster: Need to KNow! within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Since it is hurricane season now and it is a possiblility some of us could have a situation like Katrina again, I thought I would ...

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Thread: In Case of Natural Disaster: Need to KNow!

  1. #1
    Distinguished Member Array Tally XD's Avatar
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    In Case of Natural Disaster: Need to KNow!

    Since it is hurricane season now and it is a possiblility some of us could have a situation like Katrina again, I thought I would post up this info for everyone as a reminder and for those who was unaware of recent changes in policy in case of such natural disaster.

    As we are all aware of, many citizens had their guns/weapons confiscated in the wake of the Katrina disaster. Since then, a law has been passed to protect us from such illegal confiscations. Here is part of that amendment:

    ~~~~~~~~~~~~


    The Vitter Amendment (SA4615) was an amendment to Department Of Homeland Security Appropriations Act, 2007 (H.R.5441). The Vitter Amendment was amended, in turn. The final version of H.R.5441 (Enrolled Bill) as passed by both Houses contains the following section. Passed by GWB in October of 2006

    `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.'.
    I am consistently on record and will continue to be on record as opposing concealed carry.
    - Barack Obama Chicago Tribune, April 27, 2004

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    New Member Array 00bk1234's Avatar
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    Thank you for posting. Good to know.

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    Member Array NKMG19's Avatar
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    Thank You. This is good reference to have on hand. I will print it.
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    Feds. Doesn't restrict local malfeasance. It also doesn't eliminate the risk, indicating only that your subsequent course of redress is through the courts. In short: it doesn't change much.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
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    Distinguished Member Array Tally XD's Avatar
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    I would think that any police agency, even local departments, in time of natural disaster IS working in a support of relief role and would put them under this very amendment umbrella.

    I know it doesnt guarantee that law enforcement wouldnt come to take our guns again, but it sure is a written law that says they cannot and therefore gives me enough cause to shoot first whoever steps in to take mine.
    I am consistently on record and will continue to be on record as opposing concealed carry.
    - Barack Obama Chicago Tribune, April 27, 2004

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    VIP Member Array Ridgeline's Avatar
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    Great information, thanks for the post.
    "Eternity is Too Long to be Wrong"

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    Senior Member Array MilitaryPower's Avatar
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    But with each good, there is bad. We should try and get this changed if this means what I think it means.

    The 2007 Florida Statutes

    Title XLVI
    CRIMES Chapter 870
    AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES View Entire Chapter

    870.044 Automatic emergency measures.--Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, the following acts shall be prohibited during the period of said emergency throughout the jurisdiction:
    (1) The sale of, or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size or description.

    (2) The intentional display, after the emergency is declared, by or in any store or shop of any ammunition or gun or other firearm of any size or description.

    (3) The intentional possession in a public place of a firearm by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of her or his duty.
    Nothing contained in this chapter shall be construed to authorize the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in a criminal act.

    History.--ss. 4, 5, ch. 70-990; s. 1401, ch. 97-102; s. 2, ch. 2006-100.
    Gun control can be blamed in part for allowing 9/11 to happen.
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    Quote Originally Posted by ccw9mm View Post
    Feds. Doesn't restrict local malfeasance. It also doesn't eliminate the risk, indicating only that your subsequent course of redress is through the courts. In short: it doesn't change much.
    Might not stop local junk but I think it does apply to locals. The statute includes those that receive fed funds. I'm convinced every police dept in the country receives fed funds.

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    The 2007 Florida Statutes

    Title XLVI
    CRIMES Chapter 870
    AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES View Entire Chapter

    870.044 Automatic emergency measures.--Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, the following acts shall be prohibited during the period of said emergency throughout the jurisdiction:
    (1) The sale of, or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size or description.

    (2) The intentional display, after the emergency is declared, by or in any store or shop of any ammunition or gun or other firearm of any size or description.

    (3) The intentional possession in a public place of a firearm by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of her or his duty.
    Nothing contained in this chapter shall be construed to authorize the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in a criminal act.

    History.--ss. 4, 5, ch. 70-990; s. 1401, ch. 97-102; s. 2, ch. 2006-100.
    This isnt good, but its not the worst. It definitely tells me that we need to have our guns NOW and start storing AMMUNITION before something like this happens.

    As far as having an "intentional weapon in a public place" . . . hmm, I think that means more along the lines of displaying or brandishing.

    This law also goes on to say "Nothing contained in this chapter shall be construed to authorize the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in a criminal act."

    Carrying concealed with a legal permit is lawful possession of a weapon, so the law should not apply in that case and carrying legally does not construe a criminal act.
    I am consistently on record and will continue to be on record as opposing concealed carry.
    - Barack Obama Chicago Tribune, April 27, 2004

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    VIP Member Array Sheldon J's Avatar
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    I cut n pasted it to a ms word doc thanks.
    "The sword dose not cause the murder, and the maker of the sword dose not bear sin" Rabbi Solomon ben Isaac 11th century

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