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Thread: Can the Police Take Your Gun(s) During a State of Emergency?

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    Can the Police Take Your Gun(s) During a State of Emergency?

    Can the Police Take Your Gun(s) During a State of Emergency?
    NO THEY CAN'T!!
    Natural disasters are an excuse for law enforcement to as they please. Know your rights as a gun owner when natural disaster strikes. Does Wisconsin have such a law??? If not we need to bug the governor and the legislators in Madison.

    http://www.theblaze.com/stories/can-...nal-emergency/
    Last edited by Law abider; 10-30-2012 at 12:10 PM.

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    Regular Member MKEgal's Avatar
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    This is being discussed on the WI Carry FaceBook page.
    No, it's not legal.
    Yes, WI has a law prohibiting confiscation.
    http://docs.legis.wi.gov/statutes/statutes/323/II/24
    323.24
    Prohibition against restricting firearms or ammunition during emergency.
    A person who is granted emergency powers under this subchapter may not use those powers to restrict the lawful possession, transfer, sale, transport, storage, display, or use of firearms or ammunition during an emergency.
    323.16 grants certain emergency powers to volunteers, law enforcement officers, traffic patrol, and conservation wardens, so it seems to me that 323.24 applies to all of them.

    There is also a federal code prohibiting any federal employee, including members of the uniformed services, from taking lawfully-held firearms, with two exceptions:
    They may temporarily hold a firearm for the duration of transport, but it must be given back at the end of the ride,
    and in connection with a criminal investigation.
    Auric (Shotgun) posted the text of the federal code:
    Title 42, Chapter 68, Subchapter V, §5207
    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.

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    Quote Originally Posted by MKEgal View Post
    This is being discussed on the WI Carry FaceBook page.
    No, it's not legal.
    Yes, WI has a law prohibiting confiscation.
    http://docs.legis.wi.gov/statutes/statutes/323/II/24

    323.16 grants certain emergency powers to volunteers, law enforcement officers, traffic patrol, and conservation wardens, so it seems to me that 323.24 applies to all of them.

    There is also a federal code prohibiting any federal employee, including members of the uniformed services, from taking lawfully-held firearms, with two exceptions:
    They may temporarily hold a firearm for the duration of transport, but it must be given back at the end of the ride,
    and in connection with a criminal investigation.
    Auric (Shotgun) posted the text of the federal code:
    Thanks MKE. I didn't think leos can do whatever they want. I know that they are also under law. As for face book. Where I live I have no internet. I depend upon my son's wifi from his phone whenever he is on the net playing games, wich is rare. Our company blocks FB.

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    While I agree that one should evacuate when told to there is more to think about here. My big concern would be looters. Should a person stay to protect what things may not be replaceable by insurance? I think that was one of the problems down in N.O. was the BGs were standing on the street corner waiting for the community to clear out and then they would come in and take what they wanted. Myself, I would have a hard time leaving if I thought there was a pretty good chance of surviving the disaster while protecting what is mine.
    "Democracy..... Is two wolves and a lamb voting on what to have for lunch,
    Liberty..... Is a well-armed lamb contesting the vote."
    Benjamin Franklin

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    Regular Member PQ36's Avatar
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    Quote Originally Posted by Kc.38 View Post
    While I agree that one should evacuate when told to there is more to think about here. My big concern would be looters. Should a person stay to protect what things may not be replaceable by insurance? I think that was one of the problems down in N.O. was the BGs were standing on the street corner waiting for the community to clear out and then they would come in and take what they wanted. Myself, I would have a hard time leaving if I thought there was a pretty good chance of surviving the disaster while protecting what is mine.
    Or it could be stated.... "One should evacuate when they have made the decision to do so, based on facts/circumstances rather than orders from gov......"

    Each person, family, etc, will have different levels of prep, and different levels at which thresholds are reached with regard to decision points. To stay or go. Only you can decide.

    I disagree with the other post that claimed it was a bug-out issue that led to confiscation. It was a tyranny issue that lead to confiscation. Plain and simple.

    .02

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    Regular Member OC for ME's Avatar
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    Tyranny holds no compunction nor knows no limitations. Tyranny must be dealt with on a equal footing and with decisive action. Tyranny will not prevail in the face of those determined to exercise liberty. Man seeks liberty as a moth seeks the flame. As with a flame that might harm the incautious moth, so too will liberty, if exercised imprudently.

    I would rather be exposed to the inconveniencies attending too much liberty than those attending too small a degree of it. - Thomas Jefferson, Letter to Archibald Stuart, December 23, 1791
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Strictly replying to the title;

    They can try, but I promise that I won't make it easy for them!!

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by Nutczak View Post
    Strictly replying to the title;

    They can try, but I promise that I won't make it easy for them!!
    If they force themselves into your home to get them, all you can lawfully do at the moment is verbally protest.
    Last edited by Interceptor_Knight; 11-01-2012 at 11:59 PM.

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    Quote Originally Posted by Interceptor_Knight View Post
    If they force themselves into your home to get them, all you can lawfully do at the moment is verbally protest.
    90% preparation, 10% perspiration. Every citizen should own a 308 or 50 cal rifle ...

    I was threatened with a swat team to effect an illegal entry into my home ... I resisted, I'm here, I'm free ... it is lawful.

  10. #10
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Every citizen should own a 308 or 50 cal rifle ...

    I was threatened with a swat team to effect an illegal entry into my home ... I resisted, I'm here, I'm free ... it is lawful.
    .308 and .50 have zero to do with lawfully resisting a SWAT team, so please tell us how you lawfully "resisted"...

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    Quote Originally Posted by Interceptor_Knight View Post
    .308 and .50 have zero to do with lawfully resisting a SWAT team, so please tell us how you lawfully "resisted"...
    With my .308 or 50 cal duh.

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    With my .308 or 50 cal duh.
    Perhaps you are confused. This thread is not about video games. I thought you were serious that you had a story to share regarding how you "resisted" the actions of a SWAT team entry. I must have been mistaken.
    Regarding a rifle chambered in .50BMG, I would dissuade most people from spending their money on one. It is simply a novelty for most. Most do not have the funds nor the time to get sufficient trigger time in order to be proficient with it. There are many other more affordable calibers which will suit their needs far better.
    Last edited by Interceptor_Knight; 11-02-2012 at 01:14 AM.

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