I'm sure there is; but, it's not Michigan.

 

Glad to hear it! It's one law I would probably break.

 

Federal law prohibits it.

 

Yes I think Pes. G.W. BUSH Signed ; )
H/D

 

I don't think so.

 

I read on another board that the current sheriff in clark county has stated that one of the reasons he believes in our current gun registration in Vegas is that it will allow for easier confiscation of our guns in the event of a Katrina like disaster. However, I was not clear if there was a specific law in NV regarding this. Still, it tells me he would try.

 

I wasn't aware that Nevada had ever been hit by a hurricane.

 

First they have to find them.

 

If i'm not mistaken NC does.

 

Nope, just says that during states of emergency you can't carry off property.

There is no legal seizure of guns when on your own property for emergency in NC.

 

We have a law specifically "against" confiscation of guns in an emergency.

That's due to the F5 tornado that hit Greensburg, where FBI agents directed Local LEO's to confiscate guns..... they broke into safes, houses, and forced people to give them up. In one situation the home owner refused , while pointing his shogun at the FBI agent and vice versa.

When people later went to get them, the guns had been tossed into piles and were battered (if even there... all choice guns magically had disappeared) , not kept right, and since they did not require any proof of ownership... people could go down and just pick the one they wanted. So many people never saw their guns again.

IT was a messed up situation, and people had no protection from looters, etc. or anything else.

 

That situation would be wrong on so many levels, they would never find mine.

 

You would have to check your local state laws. Kansas made a specific law that states that weapons can not be confiscated durring a state of emergency, No not after Katrina, After The Greensburg tornado.

Funny thing was, That unlike Katrina, LEO wasn't going door to door confiscating weapons, There weren't any doors to go to. There were so many weapons that were being recovered from the debris that LEO started collecting them at a central location but wouldn't release them to the owners unless they could prove they were the owners. Kinda, hard to do when your house is spend over a couple of hundred square miles.

 

Thanks for all the additional information on this, I'm still kind of wondering were there law enacted of the Tornado and if so, why? If nothing actually happened as stated, then why (if they did that is) enact new laws. Just curious is all.

 

The government has done it before in disaster areas. In a bad disaster the government will impose mandatory curfews and weapon confiscation.

 

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.

 

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.

I guess I'm lucky in that sense, I have other places to go out of this region if something that bad happened here, plus I already have a good camper I can stay in at the mountains away from everyone and everything if I need to ..

 

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.

 

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...

....:theyareontome:

 

Texas passed a law prohibiting it, but that doesn't mean it's not gonna happen. Take what Bark'n said to heart.

I like this one too:

 

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.

JMHO YMMV :smoke23:

 

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/l.../council/legislation/~/media/Council/documents/Clerk/CodeFiles/15_Title_12.ashx

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;

Note it prohibits possession- that includes your home. I have no idea what "intent to use the same to cause such harm" means...

 

Note it prohibits possession- that includes your home. I have no idea what "intent to use the same to cause such harm" means...

I see the "intent" part as a method to take virtually anything they wish away. It would probably go no where in court, but you are still out whatever they took.

 

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.

RCW 43.06.220
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;

 

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)

 

In response to Bark'n... what we need to figure out as a people how we can stop this all together. It seems as if government agencies do whatever they want because they know the agency will pay out the lawsuits using our tax money.

Maybe we need to start holding actual (bad) officers liable who blatantly violate peoples rights in these situations, and make THEM personally pay out these lawsuits from their own personal money. Maybe these rogue LEO's and department commanders will stop this stuff. If the iron fist of the people via the courts come down on individual officers who violate rights that are so obvious, maybe that will set an example for future disasters.

 

Sounds great! How do we hold these people reasonable for following and "illegal order"? That is what they where doing in N.O.!

From what I have read and seen in video that they used departments from NY and CA to confiscate the guns, I guess that was their plan, to use police from gun unfriendly States to do the dirty work. I doubt departments from TX and AZ would have been so happy to do it!

 

I agree, how do you identify individual officers doing the confiscations. Especially if from another State. In these situations, many if not all don't wear name badges when wearing quasi swat uniforms, or BDU's or other "utility type" uniforms during a disaster. At most, you may be able to see an "State or Dept. Agency Patch" on their uniform or BDU's but that's about as much info as you're gonna get.

They certainly aren't going to give you their name and badge number as from the reports I have seen, those who asked for such information were threatened with jail for interfering with their duty. And they were told that while the person being violated was looking down the barrel of an M-4 carbine, shotgun or pistol. So, what are ya going to do?

As I said earlier, you're either stuck with complying, and giving up your guns or shooting LEO's & National Guard personnel.

Now a lot of people "claim" they won't give up their guns, yet they won't say what they are prepared to do it. And so far we have yet to see reports of people actually firing on LEO's who were trying to confiscate.

So, it remains to be seen what will happen the next time.

 

Tough questions to answer.
Electing officials that would not allow such a thing would be a start.
Obviously prevention of losing your guns would be a good strategy.
That also would depend on a number of things.
Can you leave befor, via warnings, etc.
Befor or after, will they let you leave with your guns, if packed away in a vehicle, if you have a veh.
If you still have a house and stay, can they find your guns.

 

Tough questions to answer.
Electing officials that would not allow such a thing would be a start.
Obviously prevention of losing your guns would be a good strategy.
That also would depend on a number of things.
Can you leave befor, via warnings, etc.
Befor or after, will they let you leave with your guns, if packed away in a vehicle, if you have a veh.
If you still have a house and stay, can they find your guns.

A lot of people did in N.O., tried to stay and the police just threatened them at gun point and searched the houses and took their guns anyway! No warrants, they didn't need no stink'in warrants! Forget the 4th Amendment!

The police chief said "no one will have weapons except the police and military, no one", so all LEOs that were told to, confiscated them without questioning the order! Sick! Just turns my stomach to think there are American LEOs that would do that without questioning such an order!

While I don't condone shooting at law enforcement, I certainly wouldn't be surprised if it would have happened, or if it happens again someone does.

They had groups from their neighborhood standing watch, armed until the police came through! Then their houses got looted!

 

Well, think of it this way. What's to stop them? The law? It's an emergency. The law is suspended. See: New Orleans; Katrina
What recourse do you have if the police show up at your door and say, "We're here for your guns, and you better comply, or we're taking you to jail today."
All the internet lawyers will spout the law, but that's for court, not your front door. Ask Randy Weaver about the law.

 

Well, think of it this way. What's to stop them? The law? It's an emergency. The law is suspended. See: New Orleans; Katrina

Here's the thing. The right to keep and bear arms is not a law! It is a right. Which is guaranteed in the Bill of Rights!

They can suspend all the laws they want, but they can not suspend your rights guaranteed by the Constitution.

The government can not give create "rights"... We get our rights from God.

A "Right" and a "Law" are two separate animals. Apples and oranges.

The only way to lose a Right, is if we voluntarily give them up.

In these cases, when they come to confiscate your guns under the guise of "some emergency," either real or fictitious they do not have the authority to revoke your right.

You either voluntarily surrender your right, under the threat of being jailed or beat up or whatever they use to get you to comply, Or, you resist by force to preserve your "Rights" which they have no authority to take.

So, in this case, it's a matter of just how far are people going to go to keep their Rights? Are they going to fire on Law Enforcement Officers... knowing full well what the consequences of that will be. Or do they surrender?

My advice, is to plan ahead and get out of the area in question and avoid contact with the authorities who are imposing the illegal gun confiscation.

For natural or small scale disasters like Katrina, evacuate early enough where you can avoid the LEO's or Military altogether, and be out of the area before the confiscations even begin.

Plan on what you would do if they do come for your guns before you can get out. Use enough planning where you can locate your guns in a hiding place where they won't be found during a search.

I don't intend on shooting law enforcement officers or National Guardsmen attempting to confiscate my guns during a local or small scale disaster even if they are stupid enough to follow illegal orders.

However, in a Nation wide gun grab of everyone's guns across the country... I believe will lead to an armed Revolution and that is a whole other story. I won't be the only one resisting at that point, nor will I likely be the first one either.

JMHO!

 

The only problem I see with the states that took the initiative to pass laws to prevent debacles like the katrina aftermath is that they won't work.

Let's face facts. The facts are that the law of the land as it stood before, during, and after katrina should have prevented such action. However, as we all know it did not. The folks in charge(read... those with the monopoly of force on their side) ignored the law of the land and did what they wanted anyway...and apparently without getting :twak: for it afterwards either.

So my question is, why in the world would you think that another law created to prevent the same is going to make any difference? They can't follow the constitution or any other laws on the books besides tax law, but they're going to follow another law? Yeah...that'll happen.

 

Well said Bark'n.

 

Georgia, sadly. Our governor vetoed the Katrina bill last week. It's the second time he's vetoed it during his tenure.

Next year, after he's gone, well get it passed.