New Hampshire gets on the ball ( outlawing katrina type seizures )

This is a discussion on New Hampshire gets on the ball ( outlawing katrina type seizures ) within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Concerned by perceived abuses of Federal power during the Katrina crisis, New Hampshire state reps are reviewing a bill which would criminalize certain weapons seizures ...

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Thread: New Hampshire gets on the ball ( outlawing katrina type seizures )

  1. #1
    VIP Member Array Redneck Repairs's Avatar
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    New Hampshire gets on the ball ( outlawing katrina type seizures )

    Concerned by perceived abuses of Federal power during the Katrina crisis, New Hampshire state reps are reviewing a bill which would criminalize certain weapons seizures - even if the perpetrators are Federal officers. House Bill 1639-FN, prohibits the confiscation of lawfully owned and lawfully carried firearms during a state of emergency, making a felon of any law enforcement officer who attempts to seize such a firearm during a disaster.

    The bill was sponsored by Rep. Paul Hopfgarten at the request of local Free Staters - members of a group trying to recruit freedom lovers to New Hampshire and turn it an even more libertarian state than it already is (www.freestateproject.org).

    The bill reads: "Any law enforcement officer, person acting as a law enforcement officer, or other public official who confiscates or attempts to confiscate lawfully carried or lawfully owned firearms in this state during a declared state of emergency
    shall be charged with a class A felony."

    In the chaos following Hurricane Katrina, various government agencies - including Federal Marshalls - made systematic
    attempts to sweep New Orleans of guns - even if that meant entering the homes of law abiding gun owners. The move did not cause widespread outrage in most states. But New Hampshire residents reacted by burning a FEMA flag in front of a local Federal building. They also circulated a petition pledging resistance if such a move were ever attempted in the "Live Free or Die" state....a place where guns are part of the culture and gun laws are the second-loosest in the nation.

    Activists say whether it passes or not, this "Gun Protection Bill" is one more small thing they can do to try and protect themselves from disarmament at the hands of any government, during a time when they believe they will need their weapons most.

    Bill text: http://www.gencourt.state.nh.us/legi...06/hb1639.html
    Media coverage of FEMA flag burn:
    http://www.cmonitor.com/apps/pbcs.dl...63/1001/NEWS01

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  3. #2
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    Darned good move - anything that might help tip the scales back towards law abiding owners has to be good.

    Not so sure it'll actually pass tho - but I guess much depends on who exerts the most influence.
    Chris - P95
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    VIP Member Array havegunjoe's Avatar
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    Way to go NH! That should be the law of the land if you ask me.
    DEMOCRACY IS TWO WOLVES AND A LAMB VOTING ON WHAT TO HAVE FOR LUNCH. LIBERTY IS A WELL ARMED LAMB CONtestING THE VOTE.

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    Administrative Ban Array Bruces45's Avatar
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    Now what are the odds of getting NY to perpsoe such a bill?

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    VIP Member Array Redneck Repairs's Avatar
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    umm bruce u gotta ask that ?? hey by the way i have a custom built springer built for fidel castro ( i know that cause its " engraved " by one of them vibratory pens with " property of El Jeffee " , how much will ya give me for it , oh yea and btw it chambered for .38 super LOL

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    Senior Member Array TonyW's Avatar
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    Sounds like a good idea, but not sure if it is even legal. Can a state pass a law saying that a federal official can't carry out an order from the federal government?

    That may or may not be what happened during Katrina, but it is a possibility.
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    Senior Member Array AirForceShooter's Avatar
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    Florida is working on something similiar.

    AFS
    Gun control is hitting what you aim at

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    Thats great, but I was wondering pretty much what TonyW said. What are the limits to states rights vs. the Feds?
    Rick

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    VIP Member Array Redneck Repairs's Avatar
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    i for one cannot answer tonyW's question , so fory ar i have seen no state or federal statuoty arguement for being able to do what they did in NO , and i am not ready to assign bad motives for it , just i cannot justify it by any code thus far , it will be interesting to see how it plays out , ie who said take the guns , and why . i can neither justify the officers on the scene , nor condem them as people right now , i dont know any statutory arguements that were considered before the order went out to seize guns , nor do i know the order ( how it was coached to rank and file cops ) but i do think laws like this put it on the indivigual officers plate as to what to do or not to do , and provides him the tools to say i will not take weapons from otherwise law abiding citizens . this is a good thing because it gives the indivigual officer something to hang his hat on to resist quasi legal orders at least in the 2nd ammendment forum , thats just my opinion i dammed shure am not a constitutional law scholar , but have written my share of affidavits , any tool to clearify what a person can do or cannot is a good tool imho

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    I'm no attorney, but I think in the United States of the past, only states were thought to have true police powers. I am not certain that that is the current status of the law by any means, and even if it were, if it would mean much to national politicians or judges today. Sigh.

    I'm still glad NH has taken this step...let's hope a lot of other states follow their lead.

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    Quote Originally Posted by Redneck Repairs
    The bill reads: "Any law enforcement officer, person acting as a law enforcement officer, or other public official who confiscates or attempts to confiscate lawfully carried or lawfully owned firearms and any person who issues an order, command, or any type of directive intending that lawfully owned firearms be confiscated in this state during a declared state of emergency
    shall be charged with a class A felony."
    I would take it a step further and add the bold text above in order to see the "higher ups" specifically mentioned.

    SSKC

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    VIP Member Array Bud White's Avatar
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    darened good move i think

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    We need to get nation wide reciprocity with NH on that law.

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    All that the Federal Government needs to confinscate your gun is an Executive Order from the President.

    Presidents have been using them to get around the legal issues for years.

    The cops that confinscated guns did it on the orders of the Mayor and Police Cheif, both which should be hung for treason IMHO.

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    Great For New Hampshire.

    That proposal it make it much clearer for folks on both sides of the law.
    Thise that would confincsate and those that would refuse to let it happen.

    Could actually prevent some needless deaths in the future.

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