Congressman Billybob wrote:
Yes, it is legal if, as I understand from a number of sources that martial law has officially been declared in New Orleans.
Martial law, as its name implies, means rule by the military on its own rules of engagement.
No military in history has ever taken kindly to potential hostiles carrying weapons in the territory it's trying to quell and control. Nor should it.
" --- While martial law has not been imposed, a state of emergency has been declared in Louisiana, Mississippi, Alabama, and Florida, signaling that some civil liberties, such as the right to congregate, may be limited because of extreme conditions."
http://slate.msn.com/toolbar.aspx?action=read&id=2125584
The "extreme conditions" in New Orleans do not justify the confiscation of weapons from residents on their private property.
State & local authorities are exceeding their constitutional powers, and will [hopefully] pay the political price.
105 dimquest
Exqueeze me? Without federal martial law, this is Constitutional?
114 mewzilla
That's what the author, [and probably most 'States Rights' advocates] would claim.. I disagree.
Care to comment on the above Billybob?
If there is no declaration of martial law, then grabbing anyone's guns is illegal, unless the person is committing a crime with the gun at the time.
On the other hand, forcibly moving people out of their homes on public health grounds to prevent an epidemic of several dozen available diseases in that fetid water is legal under civil law. All states have some legal provisions for cutting off epidemics when they first threaten. (The Center for Disease Control provides information and support for any such effort. But the legal authority belongs to the state Health Department.)
John / Billybob