Worried about Gun Confiscation in a Natl. Emergency or Disaster?

Well. Basically recently I had been going through certain politicians gun voting records. I won't say who or why, as that would simply disrail the thread.

Rather I'd like to talk about the validity of a law.

There is a law in existence which prohibits gun confiscation in the event of a national emergency or in a natural disaster.

Here is the Amendment that was added to bill. H.R.5441

S.AMDT.4615

AMENDMENT PURPOSE: To prohibit the confiscation of a firearm during an emergency or major disaster if the possession of such firearm is not prohibited under Federal or State law.

This bill is currently law, of course.

I realize confiscation happened during hurricane Katrina, and this appears to be a law aimed at preventing a similar occurence. I bring this law up because I have never once seen it prior to the last couple days, and wonder if anyone even realizes it exists.

reply to post by Miraj


The ammendment in its final form as part of the enacted bill:

`(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.'.

Department of Homeland Security Appropriations Act, 2007 (Enrolled as Agreed to or Passed by Both House and Senate)

You might want to take a look at this thread where I referred to this legislation on a local level in Mississippi.

www.abovetopsecret.com...

reply to post by Miraj


In the case of a disaster, gun confiscation may be the least of our (or their) worries.

00.02

As Long as I Have Bullets , gun confiscation is the least of my worries.

"You already know what this is"

Originally posted by EyesWideShut
As Long as I Have Bullets , gun confiscation is the least of my worries.

"You already know what this is"

Dont mince words - speak your minds. Others need to know what this is. I'm being serious.

reply to post by WWJFKD


There was no mincing of words , I get tired of putting "Line Two" , or second line if my post is small. I can see you wanting this thread to flourish but there really isn't much more to be said on this. We've had this conversation before. I believe that most of us are to the point where we're "Done Talking". If they come knocking on doors, you are going to see many acute cases of lead poisoning. As the Wise but misunderstood Forrest Gump once said "THAT'S ALL I HAVE TO SAY ABOUT THAT".

I dont see any mention of martial law in that bill.

Sounds like a great amendment and I'm glad it passed both houses. My question is did the president sign it? Is it a law?

reply to post by EyesWideShut


I'm not attacking you, but we have a great many new members who dont understand what all this means and I was merely hoping you would elaborate. No harm meant.

Originally posted by WWJFKD
reply to post by EyesWideShut

 

I'm not attacking you, but we have a great many new members who dont understand what all this means and I was merely hoping you would elaborate. No harm meant.

I get you, and I didn't mean to come off as offensive or abrasive... But I've discussed this dozens of times on this board and others and I just don't have the energy to go through it again right now.

Originally posted by watcher73
I dont see any mention of martial law in that bill.

My guess is that martial law would fall under national emergency, as I believe a state of emergency has to be declared before martial law can be.

I don't know this for certain, anyone more familiar with the legal aspects that can elaborate on this?

Originally posted by Miraj

Originally posted by watcher73
I dont see any mention of martial law in that bill.

My guess is that martial law would fall under national emergency, as I believe a state of emergency has to be declared before martial law can be.

I don't know this for certain, anyone more familiar with the legal aspects that can elaborate on this?

Yep, we have been under a declared national state of emergency
since september 14, 2001 which was recently reaffirmed by
Obama = www.abovetopsecret.com...