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State of Emergency---What would happen to our right to self defense?

NMGunIt

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Dec 13, 2008
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Las Cruces, New Mexico, USA
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I tried to find out what the result of a declared State of Emergency by the governor of New Mexico would be. I have read somewhere, that in some states, during a declared state of emergency, the RTKBA is prevented.

Does anyone know this or how to get this info?
:question:
 

suntzu

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NMGunIt wrote:
I tried to find out what the result of a declared State of Emergency by the governor of New Mexico would be. I have read somewhere, that in some states, during a declared state of emergency, the RTKBA is prevented.

Does anyone know this or how to get this info?
:question:
many states are now passing or trying to pass laws which would prevent confiscation of firearms/firearms ammunition, and which would prevent the state and federal government from restricting our RTKBA.

Tennessee has a bill pending which would prohibit the governor from restricting a citizen from owning, possessing or buying a firearm or ammunition during a state of emergency.

Alabama just passed such a bill through the Alabama House and about to go into the Alabama Senate for a vote and other states have similar bills pending.
 

ourmanthejoker

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I think this stems from the Katrina incident where they took all the guns away.
 

NMGunIt

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Don't really want to wait until the Gov declares a State of Emergency and then find out that my RTKBA is out the window until said "Emergency" is over. It'd be much better to pursue this BEFORE it arises.

Does anyone know WHERE to find this kind of info? WHO does a citizen ask? I don't know where or who and thought I'd ask those more wise than myself if they perhaps have some idea where a good place to start would be.

thanks
 

suntzu

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ourmanthejoker wrote:
I think this stems from the Katrina incident where they took all the guns away.
The sad thing is--the people were willing to give them up and allowed them to be taken.
 

echo6tango

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, Maryland, USA
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Vitter Amendment - the amendment, which was attached to a Homeland Security appropriations package, was approved 84-16. The bill itself was signed into law in October 2006.

http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR05441:mad:@@L&summ2=m&

S.AMDT.4615 Amendment SA 4615 proposed by Senator Vitter. (consideration: CR S7386; text: CR S7386)
"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."

[/i]
[/i][/b][/b]Google search weapons confiscations during emergency[/b] and you should find that a number of states have passed similar bills at the state level as well.
 

suntzu

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echo6tango wrote:
Vitter Amendment - the amendment, which was attached to a Homeland Security appropriations package, was approved 84-16. The bill itself was signed into law in October 2006.

http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR05441:mad:@@L&summ2=m&

S.AMDT.4615 Amendment SA 4615 proposed by Senator Vitter. (consideration: CR S7386; text: CR S7386)
"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."

Google search weapons confiscations during emergency and you should find that a number of states have passed similar bills at the state level as well.
Tennessee has one such bill in committee now. hopefully this and several other pro-gun bills will pass out of committee and actually pass the house/senate and be signed into law by the governor.
 

echo6tango

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It does give somewhat of a nice warm and fuzzy when there is BOTH a federal and a state law preventing confiscation. I don't see every state following suit though.
 

suntzu

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echo6tango wrote:
It does give somewhat of a nice warm and fuzzy when there is BOTH a federal and a state law preventing confiscation. I don't see every state following suit though.
I don't either. But it would sure be nice if they all did, as well as all states passing a sovereignty bill declaring states rights under the 10th Amendment--along the lines of the HCR 6 in New Hampshire...
 

echo6tango

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suntzu wrote:
echo6tango wrote:
It does give somewhat of a nice warm and fuzzy when there is BOTH a federal and a state law preventing confiscation. I don't see every state following suit though.
I don't either. But it would sure be nice if they all did, as well as all states passing a sovereignty bill declaring states rights under the 10th Amendment--along the lines of the HCR 6 in New Hampshire...
Are you thread stalking me? Just Kidding :D. I was just researching that state sovereignty after seeing it in another thread. I like to go out and do some personal research when I see something interesting that someone has posted…never take anything at the claimed face value. Yeah, that’s the cynic/paranoid/they’re trying to make me believe something/conspiracy theory thingy in me. I merely call it analytical and independent thinking while everyone else thinks I’m always searching for a hidden meaning or agenda :D
 

Nitrox314

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Have I got a video for you guys. Look up on Youtube these key words: Onion news Schizophrenic. I am pretty paranoid sometimes (Because being Intel in the USMC taught me alot about the real world). Hell, I triple check all my doors and windows at night. They talk about helping out Paranoid Schizophrenics by wiretapping and placing hidden words in magazines or even implant speakers in their ears so they can help them make day today decisions.Its really hilarious. I love the onion.
 

Anubis

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Arapahoe County CO, ,
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ourmanthejoker wrote:
I think this stems from the Katrina incident where they took all the guns away.
The NM state constitution has an RKABA provision, but so did the LA constitution when the Katrina outrage occurred. See http://www.davekopel.com/2A/LawRev/WhatStateConstitutionsTeach.htm

No amount of codified laws and rights will keep thugs from taking weapons under color of lawif that's what they want to do. Like Thomas Jefferson wrote: "The tree of liberty...".
 

agentX

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NMGunIt wrote:
I tried to find out what the result of a declared State of Emergency by the governor of New Mexico would be. I have read somewhere, that in some states, during a declared state of emergency, the RTKBA is prevented.

Does anyone know this or how to get this info?
:question:

Seeing the varying responses to this query, permit me to submit these thoughts: Both the national and state Constitution(s0, respectively, stipulate a right to keep and bear arms; NM Const.specifically states we have said "RIGHT" "protected", and that "RIGHT includes FOR personal protection; would one, in a literal emergency, not NEED, especially under an emergency, personal protection? Having asked that, one should consider this; the state Constitution protects your RIGHT to keep and bear arms; the governor operates under,by, and derives hispower fromthe constitution; can the governor suspend your constitutional RIGHT(S) merely with the stroke of a pen, NO??! He can try; his goons fro mthe DPS can threaten you; but then the question lies, how free are you really? Will you roll over, play dead, and lay yourself vulnerable to roving thugs, not unlike those in New Orleans BECAUSE you want to be a good li'l serf and obey the government when that govt. may be attempting to actually place you in a position of danger by attempting to disarm you, espcially in time of an emergency.

As for me and mine, we'll stand with the logic of Patrick Henry; "givem eliberty or give me death": And if in a state emergency I WILL reatin my GOD GIVEN right to protect myself regardless of what King Richardson would or would not decalre, and woe unto any homos sapien erectus who, during an emergency wishes to injure me. Better the thug's life than mine.

It's a matter of determining whether you beleive you have a "natural right" to life and liberty, which means safey, or are going to follow the law and give up your cap gun when the guv says ya gotta. If you do the latter, then you'll be one who gives them up when they come to confiscate them for good.
 

DustoneGT

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When I finish my LE training and take that oath, I fully intend to honor it. Under no circumstance will I confiscate arms from the good guys. If I get in over my head it's the good citizens who will be there to help.

Ask around and most LEOs will say the same.

Any who don't respect your rights have no business hiding behind a badge. Oath breakers are traitors to the LE community.

If Richardson, Chavez, et al try it they will have half the forces leave and stand with the citizens.
 

turbodog

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suntzu wrote:
ourmanthejoker wrote:
I think this stems from the Katrina incident where they took all the guns away.
The sad thing is--the people were willing to give them up and allowed them to be taken.
Brother, you're quite wrong about the "willing" part.

Most folks who had their guns taken by police after Katrina surrendered them at gunpoint.

Most of those who go on about "my cold dead hands" are full of crap. Fact is, when facing the business end of a half dozen M-16's in the hands of some tightly wound cops, I bet most people choose to give over the gun rather than die.

And if there were one or two who did chose not to give in..well, plenty of people just disappeared during that time here and not all of them were from the storm.
 

Flyer22

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Jun 26, 2008
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Colorado Springs, Colorado, USA
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turbodog wrote:
suntzu wrote:
ourmanthejoker wrote:
I think this stems from the Katrina incident where they took all the guns away.
The sad thing is--the people were willing to give them up and allowed them to be taken.
Brother, you're quite wrong about the "willing" part.

Most folks who had their guns taken by police after Katrina surrendered them at gunpoint.

Most of those who go on about "my cold dead hands" are full of crap. Fact is, when facing the business end of a half dozen M-16's in the hands of some tightly wound cops, I bet most people choose to give over the gun rather than die.

And if there were one or two who did chose not to give in..well, plenty of people just disappeared during that time here and not all of them were from the storm.

I've wondered what I would do in a situation like that. I might try to run, depending on the precise circumstances.

Morallyspeaking, a cop that confiscates your guns in a situation like that is guilty of theft. How far would you go to recover your property? If I had a back-up gun that I successfully hid from the rogueauthorities, I would probably consider something along the lines of a 1-man guerrilla action. Whether I would actually pursue such a course, I don't know at this point.
 
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