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Thread: US Law Protects Weapons Carry during Emergencies

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    Regular Member LouBarraza's Avatar
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    Exclamation US Law Protects Weapons Carry during Emergencies

    Seeing as though we are in the midst of a Hurricane on the East Coast,I know there will be some emergencies being declared.And I'm also aware of all the stories of police confiscating guns after Hurricane Katrina.Well,I came across this that may be helpful and was passed during the Bush Administration.

    US Law Protects Weapons Carry during Emergencies

    http://www.eham.net/ehamforum/smf/in...c=44911.0;wap2
    Steve Weinert:
    It has been pointed out that it may be illegal to abridge gun possession rights during a declared emergency, if an agency has accepted any Federal Moneys.

    Interestingly the rights of Emcomm Responders to continue to carry firearms during an actual emergency appears to be higher than during a drill, and would appear to be absolute if any Federal Funds have touched the call-up.

    See the `Disaster Recovery Personal Protection Act of 2006' which was passed the House on July 25, 2006 with a broad bi-partisan margin of 322-99 andthe Senate passed its version 84-16.

    The provisions became law in the form of the Vitter Amendment to the Department Of Homeland Security Appropriations Act, 2007 as Public Law 109-295.

    Please see specially subparts (3) & (4) which protects the rights of an Emcomm Responder by preserving their firearms rights during an emergency:


    H.R.5441

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

    `SEC. 706. FIREARMS POLICIES.

    `(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.

    ----

    Many thanks to "A Freeman," a web author noted for extensive 2nd Amendment research for his pointing out the Emcomm aspects of the Vitter Amendment of the Department Of Homeland Security Appropriations Act, 2007 (H.R. 5441).
    Hope this helps. And please let me know if there are any corrections needed or if this was posted in the proper place.

  2. #2
    Regular Member LouBarraza's Avatar
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    In the aftermath of Hurricane Katrina, New Orleans Chief of Police Eddie Compass ordered police and National Guard units to confiscate firearms from citizens who remained in the area.

    The National Rifle Association and Second Amendment Foundation filed a lawsuit against the city of New Orleans to place an emergency injunction forbidding such seizures from continuing. A temporary restraining order was granted September 23, 2005.[1]

    The Disaster Recovery Personal Protection Act of 2006 (H.R.5013, S.2599) was a bill introduced March 28, 2006 by Republican Congressman Bobby Jindal in the House and on April 7, 2006 by Republican Senator David Vitter in the Senate.[2] On August 4, 2006, it was referred to committee.

    On July 12, 2006 Senator Vitter proposed Senate Amendment 4615 (the Vitter Amendment) to Department Of Homeland Security Appropriations Act, 2007 (H.R. 5441), 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.[3] The proposed amendment was subsequently modified to contain the provisions of the Disaster Recovery Personal Protection Act of 2006. However, the temporary surrender of a firearm could be required "as a condition for entry into any mode of transportation used for rescue or evacuation".

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