Bill Forbids Taking of Weapons During Emergencies

This is a discussion on Bill Forbids Taking of Weapons During Emergencies within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; The following story was in the news here in Arizona: By HOWARD FISCHER Friday, February 17, 2006 8:25 AM CST PHOENIX -- State lawmakers want ...

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Thread: Bill Forbids Taking of Weapons During Emergencies

  1. #1
    VIP Member Array Nick's Avatar
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    Bill Forbids Taking of Weapons During Emergencies

    The following story was in the news here in Arizona:


    By HOWARD FISCHER
    Friday, February 17, 2006 8:25 AM CST


    PHOENIX -- State lawmakers want to make sure that state officials do not take your guns the next time a hurricane strikes Arizona.

    Or an earthquake, flood, invasion or pandemic. Advertisement

    The Senate Government Committee approved legislation Thursday that would specifically make it illegal for the governor or any official to confiscate legally kept firearms during a state of emergency. The 5-2 vote sends the measure to the full Senate.

    Sen. Dean Martin, R-Phoenix, said this isn't some academic exercise.

    He said that in the aftermath of hurricane Katrina, New Orleans police began taking guns from residents. Martin said that included not only criminals but other people who were simply defending themselves or their homes.

    "In one case it was a little old lady sitting in her own house," he said.

    The action in Louisiana eventually resulted in a federal judge issuing a restraining order blocking further seizures and ordering police to return confiscated firearms. Martin said it should not have to come to that here.

    Existing state law gives the governor broad powers during a declared emergency. That includes "all police power vested in the state by the constitution and laws of this state."

    Gary Christensen, a member of the Arizona State Rifle and Pistol Association, said the experience of Katrina proves that some statutory limits are necessary here.

    "If ever there was a time to support the Second Amendment it's during a state of emergency," he said. "People are left on their own in the initial stages of natural disaster and riots."

    Sen. Bill Brotherton, D-Phoenix, said the measure, SB 1425, is built on the incorrect presumption that constitutional rights can never be suspended in emergencies. He said, for example, that a curfew can interfere with the First Amendment right of people to assemble.

    And Brotherton said there may be legitimate reasons to control the number of guns on the street during an emergency.

    Sen. Albert Hale, D-Window Rock, was more blunt, calling the legislation "a license to shoot first and ask questions later."

    Martin said nothing in his legislation prohibits police from exercising control through things like a curfew. He said people who go on the streets during prohibited hours with their weapons would still be subject to arrest.

    He acknowledged that nothing in his legislation would bar similar action by the president in the case of a nationally declared emergency, as state lawmakers have no sway over federal law.

    "To disarm the people is the best and most effective way to enslave them."
    George Mason


    "Gun control is a job-safety program for criminals."
    John R. Lott

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  3. #2
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    Quote Originally Posted by Nick
    Sen. Albert Hale, D-Window Rock, was more blunt, calling the legislation "a license to shoot first and ask questions later."
    Sounds like this legislation might upset his little applecart



    Quote Originally Posted by Nick
    He acknowledged that nothing in his legislation would bar similar action by the president in the case of a nationally declared emergency, as state lawmakers have no sway over federal law.
    "I surrounded 'em"- Alvin York

    "They're ain't many troubles that a man can't fix with seven hundred dollars and a thirty ought six"- Jeff Cooper

  4. #3
    VIP Member Array Nick's Avatar
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    Yeah, Hale's reaction is a typical gun-grabber response.

    Fortunately, we seem to have more pro-second amendment legislators, like State Senator Dean Martin.
    "To disarm the people is the best and most effective way to enslave them."
    George Mason


    "Gun control is a job-safety program for criminals."
    John R. Lott

  5. #4
    Senior Member Array AirForceShooter's Avatar
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    Florida is in the process of enacting the same type of legislation.
    And we're going to need it.

    AFS
    Gun control is hitting what you aim at

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    VIP Member Array Euclidean's Avatar
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    The fact that it can't stop the feds makes it largely worthless, but it's a step in the right direction.

    Then again, that would be adequate protection in Texas because the issue here is that a state should not depend exclusively on the federal government to clean up all its messes.

    Rita did just as much damage as Katrina did and you didn't see Texas politicians go whining about how it was George Bush's fault the hurricane touched down on our soil.

    My brother was displaced for days by Rita, where's his FEMA check?

    Come to think of it, nobody in Florida whined for free government aid either that I can recall.

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    Senior Member Array czman2006's Avatar
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    Sounds like Sen. Martin has a great deal of common sense! Any chance he might like to relocate to NC?
    "Let not your heart be troubled." John 14:1

    USN Retired Vietnam/Desert Shield/Desert Storm

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    This is a very necessary trend - tho probably not with enough teeth but as has been said it seems a move in right direction.

    In retrospect, maybe the gun grabbing that occurred with Katrina actually helped bring this out in the open, as something needing sorted out.

    Sad the grabbers only think of the typical downside - forgetting perhaps that this is directed toward law abiding folks - the crooks will be armed anyways and it is they people need protection from in severe crises.
    Chris - P95
    NRA Certified Instructor & NRA Life Member.

    "To own a gun and assume that you are armed
    is like owning a piano and assuming that you are a musician!."


    http://www.rkba-2a.com/ - a portal for 2A links, articles and some videos.

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    We need national law with this in mind.

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    Distinguished Member Array Colin's Avatar
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    Well you guys are light years ahead of us up here in Canada, we just dodged a complete handgun ban by the skin of our teeth. Luckily with the internet we are getting organized and learning from the NRA.

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    I got an email from NRA-ILA yesterday, a bill similar to this is in committee in the Oklahoma legislature. I hope it passes all over the country, New Orleans should have been a wake up call to all of us.
    Curry

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