NRA threatens lawsuit after US Virgin Islands governor orders weapons seizure

The governor of the U.S. Virgin Islands has ordered its national guard to seize guns, ammunition and other weapons from its citizens as the territory prepares for Hurricane Irma to make landfall.

Gov. Kenneth Mapp, an Independent, signed an executive order Tuesday instructing Adjutant General Deborah Howell “to take whatever actions she considers necessary” to maintain public order, The Times-Picayune reported.

The order, obtained by The Daily Caller, states that Howell is “authorized and directed to seize arms, ammunition, explosives, incendiary material and any other property that may be required by the military forces for the performance of this emergency mission.”

NRA threatens lawsuit after US Virgin Islands governor orders weapons seizure


Yes, this is in response to the coming of the hurricane Irma this week. Orders to confiscate the legally held weapons of U.S. citizens, totally against the United States Constitution and the 2006 Disaster Recovery Personal Protection Act passed to prevent this action. As seen in Louisiana during Katrina, taking citizen's means of protection when 911 and other essential protective services are basically non-existent leave people vulnerable to those that will not follow the law. Gangs and criminals will take advantage of this without doubt.

I sure hope this gets rescinded and those people are able to protect themselves, otherwise, we will be reading terrible stories there after this passes.

a reply to: Krakatoa

Shouldn't the ACLU be involved in this lawsuit as well? This is clearly a violation of the U.S. Constitution.

originally posted by: Metallicus
a reply to: Krakatoa

Shouldn't the ACLU be involved in this lawsuit as well? This is clearly a violation of the U.S. Constitution.

It is an American civil liberties issue, and they are the American Civil Liberties Union.

This is my question... I ask, because I am far too tired tonight to research it myself...

The U.S. Virgin Islands are essentially a U.S. colonial territory. Do U.S. Constitutional Rights extend to territories that are not sovereign States?

a reply to: madmac5150

It's complicated. Are residents of the VI citizens? Can they vote?

Guantanamo is US territory. Right?

a reply to: madmac5150

Yes, it still is in effect since the territory is under the jurisdiction of the federal government.

Under Article IV of the U.S. Constitution, territory is subject to and belongs to the United States (but not necessarily within the national boundaries or any individual state). This includes tracts of land or water not included within the limits of any State and not admitted as a State into the Union.

The Constitution of the United States states:

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

— Article IV, United States Constitution

Source

My Air Force buddy there is laughing...

told me they can't do the logistics...too many homes

a reply to: Krakatoa

So, Congress made a rule or regulation which says that residents of the VI have the full rights of US citizens?
Can they vote for President?

a reply to: GBP/JPY

What makes you think they might visit all the homes?

a reply to: Phage
They are US citizens but they can't vote for president, only in the primaries if memory serves me. A relative of mine grew up there. They are kinda quazi-citizens in some ways.

originally posted by: Phage
a reply to: Krakatoa

So, Congress made a rule or regulation which says that residents of the VI have the full rights of US citizens?
Can they vote for President?

Local voting rights only, however they do have representatives in the U.S. Congress and have (limited) coverage by the U.S. Constitution.

Territories have always been a part of the United States.(7) By Act of Congress, the term "United States", when used in a geographical sense, means "the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States".[8] Since political union with the Northern Mariana Islands in 1986, they too are treated as a part of the U.S.


The five inhabited U.S. territories have local voting rights and protections under U.S. courts, pay some U.S. taxes, and have limited representation in the U.S. House of Representatives. They popularly elect "Members of Congress" who, like the delegate from Washington, D.C., "possess the same powers as other members of the House, except that they may not vote when the House is meeting as the House of Representatives."(13) They participate in debate, are assigned offices and money for staff, and appoint constituents from their territories to the Military (viz., Army), Naval (viz., Navy and Marine Corps), Air Force, and Merchant Marine service academies.(13) They can vote in committee on all legislation presented to the House of Representatives, they are included in their party count for each committee, and they are equal to senators on conference committees. Depending on the congress, they may also vote on the floor in the House Committee of the Whole.(14)


(7) Sparrow, Bartholomew H., in Levinson, S. and Sparrow, B. H., The Louisiana Purchase And American Expansion, 1803–1898 2005. ISBN 0-7425-4984-4 p.232. viewed December 2, 2012. "… At present, the United States includes the Caribbean and Pacific territories, the District of Columbia and, of course, the fifty states."

(8) 7 FAM 1112. State Department Foreign Affairs Manual (FAM) 7-Consular Affairs. Viewed January 12, 2016.

(13) House Learn webpage. Viewed January 26, 2013.

(14) Application of the U.S. Constitution, GAO Report, U.S. Insular Areas, November 1997, (p. 26–28).

Source

a reply to: diggindirt

Yeah. That's how I understand it.
Not quite citizens.

Not much time for the courts to settle the matter though.

a reply to: Krakatoa

(limited)

That's the crux of the biscuit, ain't it.

originally posted by: Phage
a reply to: Krakatoa

(limited)

That's the crux of the biscuit, ain't it.

Yup, bit I know of no primary right that they do not have, with the exception of voting rights. If you are a legal U.S. citizen (born in a U.S. State), why would your rights be removed by living there? If you were born in the territory, then you could be in that limited situation.

a reply to: Krakatoa

If you are a legal U.S. citizen (born in a U.S. State), why would your rights be removed by living there?

They aren't.

If you were born in the territory, then you could be in that limited situation.

Indeed.

So a US citizen could file and easily win a suit if his guns were grabbed.
On the other hand...
www.abovetopsecret.com...

a reply to: GBP/JPY
Too many homes with LOTS of guns. The gangs aren't going to have their weapons taken from them. Last year, I think they had the highest murder rate of any state or territory.

a reply to: diggindirt

There is a remote possibility that the intent is to keep the gangs from stealing guns.

Nah, that can't be it.

originally posted by: Phage
a reply to: diggindirt

There is a remote possibility that the intent is to keep the gangs from stealing guns.

Nah, that can't be it.

If it could be so simple to make evil stand down so good men wouldn't even need them.

a reply to: Justoneman

Yeah. Because...it's the Virgin Islands and stuff. That's where the revolution will start. Right?

a reply to: Phage

The Governor's stated purpose was to maintain civil order. But since he's a politician and they aren't always up-front and truthful about their motives, I really don't know why he would give such an order. Maybe he's trying to keep people from shooting looters? Maybe he's afraid a revolt will happen if things go wet and wild. I think their financial situation isn't much better than Puerto Rico.