Posted on 02/18/2006 5:48:06 AM PST by girlangler
Bill forbids taking of weapons during emergencies
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.
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.
The only thing that would stop them is to incorporate into the constitution that using deadly force against any government employee trying to abridge your Constitutional right, is a protected activity
Ugly Janet won't sign it anyway, and the press will tout her reasons as noble and worthy of holy writ.
"The only thing that would stop them is to incorporate into the constitution that using deadly force against any government employee trying to abridge your Constitutional right, is a protected activity"
I love that thought and I think that is the way it should be. Give the citizen the right to protect himself from anyone, including govenmnet employees, and we wouln't have to worry about hiring a lawyer and getting to court, which rarely happens anyway.
But that would never be, as it weakens the "system" of govenment employees.
Correct me if I am wrong but I believe it was the Mayor that ordered the weapons confiscation in NO.
I wish the federal government would do something like this!
Indeed it can, which is why it's freaking unconstitutional too, you moron.
New Orleans was at that point legally part of international waters and not the United States; otherwise, the Second Amendment would have applied. I'm still not sure why FEMA ever got involved as those waters then lied beyond their jurisdiction.
Oops, I forgot. The Schedule of Emanations and Penumbras clearly states that its "offense to petty bureaucrats, criminal gangs, and liberals" clause takes precedence over the Second Amendment.
I'm not sure, eastforker, but I believe you are right.
At any rate, I could see state authorities pulling the same thing, like the state's National Guard.
I apologize if I ping you all too much.If so, let me know and I'll quit.
Never too many pings from grilangler, who is referring to Cite as Andrews v. State, 50 Tenn. 165 (1871) , excerpts below.
1. CARRYING ARMS. Constitution. The Act of 1870, c. 13, to prohibit the carrying of deadly weapons, is constitutional.2. CONSTITUTIONAL LAW. Constitution of U. S. Amendments not restrictions on States. The Constitution of the United States, Art. 2, of Amendments, declaring the right of the citizen to bear arms, is a restriction alone upon the United States, and has no application to the State Governments. 3. SAME. Right to bear arms. Common defense. The right to bear arms for the common defense does not mean the right to bear them ordinarily or commonly, for individual defense, but has reference to the right to bear arms for the defense of the community against invasion or oppression.
4. SAME. Same. Right to keep and use. The citizen has, at all times, the right to keep the arms of modern warfare, and to use them in such manner as they may be capable of being used, without annoyance and hurt to others, in order that he may be trained and efficient in their use.
5. SAME. Same. Same. Regulations of. Arms of warfare. The right to keep arms of warfare can not be prohibited by the Legislature under the permissive clause of the Constitution of 1870, allowing the Legislature to regulate the "wearing" of arms. The use of such arms may be restricted as to manner, time or place, due regard being had to the right to keep and bear, for the constitutional purpose, but can not be prohibited.
6. SAME. Right to prohibit other arms. The right to keep or bear other arms, not being protected by the Constitution, may be absolutely prohibited.
I woinder what that ball of gutless media pandering RINOism John McPaine has to say about this in his own state?
It's too bad we need to reiterate our 2nd amendment freedom to a few idiot politicians and moron cops.
And the BATF and US Marshalls lended him a hand.
Great video. Thanks. The constitution is great to talk about but doesn't seem of much use for anything else, as this video shows.
The AZ legislation is well intended but useless. For those who say it is not necessary because the Constitution already covers all that, watch DocRocks video of what really happens.
I am afraid you are right. I had always relied on the Constitution as a barrier against an oppressive government but I am sadly learning that depends on politicains and government officials who agree with me. If they don't, especially concerning guns, what is my recourse? Courts? Not if the same attitude persists there.
Sadly, it looks like we are back to the frontier days. Watch DocRocks video and remember Ruby Ridge, Waco, Elian Gonzalez, and now New Orleans. If the police or other government agency is ordered to take your guns, imprison you, take your property, or whatever, the underlings are going to obey.
In the video the people in the national guard say they can't imagine they're doing what they are doing in the USA, but they do it anyway. A big burly cops slams a little old lady against a wall and onto the floor to take her unloaded gun. A man rants that they cannot make him do what they are telling him to do because of his Constitutional rights. He lost.
As you say, in such circumstances your only chance is superior fire power but the odds are very strong you will die trying to resist the government. Eventually, they have superior fire power.
Honest politicians who respect our Constitution are our only hope. It is very late in the day, the sun is nearly down, but that is our only hope.
And provide that anyone government personnel knowingly involved in such activity shall, if anyone dies as a consequence, be guilty of Murder in the First Degree.
Or drought. ;-)
Or the publishing of cartoons with anything about Mohammed in them.
they only tried the gun grab in nawlins...but they are always trying to take their guns (after they have shot someone)
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