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Thread: state of emergency pertaining to concealed or open carry?

  1. #1
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    can anyone recall any laws as to state of emergency and concealed or open carry. did a google search and nothing turned up. recall hearing somthing about it in the past

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    Don't know what the specific code is for VA, but the governor, nor anyone, nor anyagency under his command (National guard, State Police, etc) cannot suspend our rights toCC or OC orforce us to hand over our arms during an emergencyas long as we comply with state law.
    Revelation 1911 - And I saw heaven opened, and behold a white horse; and he that sat upon him was called Faithful and True, and in righteousness he doth judge and make war.

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    i argree can you sight a code on that. i recall this topic from some point in my life. however maybe the sale of firearms are prohibited not sure and cannot find code im looking for

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    Founder's Club Member - Moderator ed's Avatar
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    beachpatriot13 wrote:
    i argree can you sight a code on that.
    There are not codes for what you CAN do.. only codes for what you can't do.
    Carry On.

    Ed

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    Regular Member TFred's Avatar
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    I think the feds passed something after the post-Katrina gun grab, but I don't know the cite.

    TFred


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    § 44-146.15. Construction of chapter.
    Nothing in this chapter is to be construed to:
    3) Empower the Governor, any political subdivision, or any other governmental authority to in any way limit the rights of the people to keep and bear arms as guaranteed by Article I, Section 13 of the Constitution of Virginia or the Second Amendment of the Constitution of the United States, including the lawful possession, sale, or transfer of firearms except to the extent necessary to ensure public safety in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth or any other governmental entity as an emergency shelter or for the purpose of sheltering persons;

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    Activist Member Wolf_shadow's Avatar
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    Virginiaplanter wrote:
    § 44-146.15. Construction of chapter.
    Nothing in this chapter is to be construed to:
    3) Empower the Governor, any political subdivision, or any other governmental authority to in any way limit the rights of the people to keep and bear arms as guaranteed by Article I, Section 13 of the Constitution of Virginia or the Second Amendment of the Constitution of the United States, including the lawful possession, sale, or transfer of firearms except to the extent necessary to ensure public safety in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth or any other governmental entity as an emergency shelter or for the purpose of sheltering persons;
    I purpose that the section § 44-146.15.be amended by adding a period after firearms and striking;
    except to the extent necessary to ensure public safety in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth or any other governmental entity as an emergency shelter or for the purpose of sheltering persons;
    How does a criminal safe gun free zone (CSGFZ) create public safety? See Fort Hood as an example of CSGFZ. OMHO
    Yes I carry a Bible and a Gun, your point.
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    Unfortunately, the language, "...except to the extent necessary to ensure public safety..." pretty much renders the whole thing moot. Could some government official declare the County of Fairfax, or any other locality, to be a shelter for the duration of an emergency?

    If a category 5 hurricane rolls through the region causing massive flooding along the Potomac and thousands of displaced people are "sheltering" in Fairfax County and county officials want to realize their wet dream of a gun free county, well, who's to stop them?

    Plausible? Maybe, maybe not. I think the statute contains too many weasel words and loopholes (ironic though that might be), despite getting off to a good start.

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    Regular Member TFred's Avatar
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    markand wrote:
    Unfortunately, the language, "...except to the extent necessary to ensure public safety..." pretty much renders the whole thing moot. Could some government official declare the County of Fairfax, or any other locality, to be a shelter for the duration of an emergency?

    If a category 5 hurricane rolls through the region causing massive flooding along the Potomac and thousands of displaced people are "sheltering" in Fairfax County and county officials want to realize their wet dream of a gun free county, well, who's to stop them?

    Plausible? Maybe, maybe not. I think the statute contains too many weasel words and loopholes (ironic though that might be), despite getting off to a good start.
    I would suspect that if this scenario took place, the government would do it, and the people would suffer the consequences, including increased risk of crime, but it would later be declared by the courts to have been illegal - but after the damage had been done.

    TFred

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    TFred wrote:
    markand wrote:
    Unfortunately, the language, "...except to the extent necessary to ensure public safety..." pretty much renders the whole thing moot. Could some government official declare the County of Fairfax, or any other locality, to be a shelter for the duration of an emergency?

    If a category 5 hurricane rolls through the region causing massive flooding along the Potomac and thousands of displaced people are "sheltering" in Fairfax County and county officials want to realize their wet dream of a gun free county, well, who's to stop them?

    Plausible? Maybe, maybe not. I think the statute contains too many weasel words and loopholes (ironic though that might be), despite getting off to a good start.
    I would suspect that if this scenario took place, the government would do it, and the people would suffer the consequences, including increased risk of crime, but it would later be declared by the courts to have been illegal - but after the damage had been done.

    TFred
    Well, there is one safeguard to keep this from happening. It's called the Militia. And every man between the ages of 17 and 45 is a member. Our Founders weren't stupid by any stretch. They knew a "well regulated Militia" is the best guarantor of our safety.

    I wonder what might happen if the local police were directed to disarm private citizens and they were met with several thousand fully armed people saying, "Not today, not tomorrow, not ever."?

    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

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    I read it as saying you have nothing to worry about unless you decide to let the government take care of you in one of their "shelters". Personally, I'd never use that "benefit" of my tax dollars and I don't think many of you would either.
    "Rule 1: All Guns Are Always Loaded" - Jeff Cooper
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    bullseye wrote:
    I read it as saying you have nothing to worry about unless you decide to let the government take care of you in one of their "shelters". Personally, I'd never use that "benefit" of my tax dollars and I don't think many of you would either.
    If my home, and my friends homes were all leveled, I sure would. I would not, however, let them disarm me. Plenty of violence/theft happens in "shelters". Why do you think you see so many homeless people who shack up in them in D.C. carrying all their possessions with them every day?



    Edit: Let me clarify by saying I would use one in the case I couldn't easily get to an area where I could pitch a tent and live off the land for a sustainable amount of time.

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    During disasters the Red Cross operates most if not all shelter facilities. It makes no difference if they are in a school, church or other community facility, they do not allow weapons of any type. Agreements are in place that give the Red Cross total authority and control of that building while it is being used as a Red Cross facility, they own it and control it.

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    Unless you are caught completely unaware, with no advance warning, you should have little need to go to a shelter except to register as a survivor (letting folks outside the disaster area know you were alive and well). Getting caught that unaware should be really hard to achieve - and no, you do not need to be a "survivalist" to not need to huddle in the shelter.

    The biggest reason folks get stuck going to a shelter is because they wait too long before deciding to either hunker down or bug out. Traffic jams will be more deadly than the actual disaster event.

    For those who wear tin foil hats - no, the gooberment cannot declare a large swath of real estate, like "the whole county" a shelter.

    The laws that were written after Katrina are designed to prevent house-to-house sweeps for firearms. It would be reasonable for the cops to be more wary than usual of anyone OCing, especially carrying a shotgun or rifle, during the declared emergency. That being said, I am doubtful that the cops will have much to say about a bunch of neighbors who have grouped together to keep an eye on their neighborhood unless said group takes to sticking the heads of looters on pikes:what: as a warning to others.

    stay safe.

    skidmark
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    kenny wrote:
    During disasters the Red Cross operates most if not all shelter facilities. It makes no difference if they are in a school, church or other community facility, they do not allow weapons of any type. Agreements are in place that give the Red Cross total authority and control of that building while it is being used as a Red Cross facility, they own it and control it.
    Just one more reason I no longer make any donations of any kind to the Red Cross. I stopped doing this in 2005 after Katrina when that dismal organization used some Katrina money for other things. And now you say they are of a mind to squelch my God-given and Bill of Rights protected most important right, especially in light of a national disaster??? No way. They know where they can stick it.

    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

    America First!

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    Regular Member Thundar's Avatar
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    skidmark wrote:
    ...I am doubtful that the cops will have much to say about a bunch of neighbors who have grouped together to keep an eye on their neighborhood unless said group takes to sticking the heads of looters on pikes:what: as a warning to others.
    Visual imagery


    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

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    SouthernBoy wrote:
    kenny wrote:
    During disasters the Red Cross operates most if not all shelter facilities. It makes no difference if they are in a school, church or other community facility, they do not allow weapons of any type. Agreements are in place that give the Red Cross total authority and control of that building while it is being used as a Red Cross facility, they own it and control it.
    Just one more reason I no longer make any donations of any kind to the Red Cross. I stopped doing this in 2005 after Katrina when that dismal organization used some Katrina money for other things. And now you say they are of a mind to squelch my God-given and Bill of Rights protected most important right, especially in light of a national disaster??? No way. They know where they can stick it.
    I've found I even have to find somewhere else to donate blood, since they don't allow OC/CC in any of the donor centers. One of the few locations in Hampton Roads I've ever seen an obvious and prominently displayed "No guns" sign.

    Damn shame since they do so much good, particularly for the Military.

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    People either love or hate the Red Cross. This dates back to WWII when they were force to sell coffee to servicemen and women during the European Theater.

    Unless one was seeking shelter I think the general consensus would be stay far away. During or after a disaster one most likely would go to a disaster service center for financial assistance. The rules there are the same however I have never seen a problem, but one could assume the same policy exists.

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    Regular Member TFred's Avatar
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    kenny wrote:
    People either love or hate the Red Cross. This dates back to WWII when they were force to sell coffee to servicemen and women during the European Theater.

    Unless one was seeking shelter I think the general consensus would be stay far away. During or after a disaster one most likely would go to a disaster service center for financial assistance. The rules there are the same however I have never seen a problem, but one could assume the same policy exists.
    Wow, the things you learn on these boards! I had no idea that ever happened.

    TFred


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    But when you need to get a family member home in an emergency or death they sure can cut through the red tape. Not to mention all the thousands of people they train in health & safety courses.

    The are very unique in one other way. They are the ONLY organization chartered by the U.S. Congress to perform disaster relief. Of course nowadays that does not get you very far. No government money, it all comes from donations.

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    Regular Member MSC 45ACP's Avatar
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    The Red Cross got me home during the 91 Gulf War when my daughter was born and had to be rushed to Bethesda Naval Hospitalwhen she hadsiezures shortly her birth.

    My XO didn't want to let me go because I was "Essential to the Unit's Mission" even after the war was over (She was born at the end of MAY... the war was over in FEB for the most part...)

    The Red Cross got me home over the objections of my @$$hole XO. They got the CO of Bethesda (an Admiral) to "strongly recommend the Serviceman's presence" INCONUS.

    I was a Red Cross blood donor from the time I was old enough to donate until they wouldn't take it anymore (after the 91 war when they wouldn't acceptGulfWar Vet's blood donationsbecause they didn't know what illnesses or shots we had been exposed to).

    I had donated over3 gallons up to that point in my life. I won't give them another nickel or drop of blood because of their position on 2A. :X

    I donated plasma at the MD Anderson Cancer Center in Houston when I was stationed there.

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    MSC 45ACP wrote:
    ... they [AmCross] wouldn't acceptGulfWar Vet's blood donationsbecause they didn't know what illnesses or shots we had been exposed to ...
    Interestingly, they still won't accept my blood, my family's blood ... or for that matter ... blood from anyone stationed in certain regions of Europe in the mid-90's.

    Seems that since many European commissaries got their beef from the U.K. ... AmCross is afraid that we're all potential carriers of Mad Cow Disease.



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    The last time I donated blood to the Red Cross, they started harassing me to the point I was getting phone calls at 'A' school (while in the navy) from them demanding that I go to one of their centers to donate blood... all the while receiving a couple post cards every month. They did this to a couple of folks in my class too. The rest of my class was NOT bothered like this. Just a few of us.

    My main beef with it... they refused to stop the offending behavior even after being asked to stop.

    As for emergencies, I won't use government services unless I absolutely have to. Too many strings attached for my liking. Then again, having grown up in the country and having learned how to take care of myself, I'm okay with toughing it out. My wife & kids are well-versed in roughing it. Wouldn't be the first time we've done without niceties (like being w/o power from Thursday evening until Sunday afternoon).

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    Regular Member wylde007's Avatar
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    TFred wrote:
    I would suspect that if this scenario took place, the government would do it, and the people would suffer the consequences, including increased risk of crime, but it would later be declared by the courts to have been illegal - but after the damage had been done.
    See also: Louisiana Superdome.

    The great chimp-out that took place there in a CSGFZ showed the very gross negligence of citizens to their own rights and of authority by municipal entities to enforce proper laws under such conditions.

    The temporary residents of that "shelter" fell immediately into two categories - victims and entrepreneurs. The entrepreneurs cast upon the victims a wholly vile and irascible fear for their own lives. Stripped of any means to defend themselves or their families, the law-abiding were easy pickings for the law-breaking.

    Rape, assault and even murder committed as the helpless were made even moreso and the criminals empowered by the congregation of the weak in one area.

    There is NO GOOD REASON to disarm lawful citizens. The only reason a government could possibly have (as evinced by present and historical regimes) to disarm the public is totalitarian control, genocide and social/political/cultural engineering.

    With every step towards tyranny their pace quickens. Before long there will not be too many options left, I fear.
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