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Thread: Governor declares State of Emergency?? are we disarmed?

  1. #1
    Regular Member ocholsteroc's Avatar
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    Governor declares State of Emergency?? are we disarmed?

    I heard that NC they get Disarmed(30days). What about VA, I have never checked on it.
    Last edited by ocholsteroc; 04-28-2011 at 11:32 AM.
    How come a DUI you can get your driver licence back, which it is a privilege. But if commiting a felon, even something non violent like stealing, you are denied your constitutional rights for the rest of your life?
    If you don't support the Second Amendment to the Constitution, what other parts of the Constitution do you reject?
    More restrictions on guns? how about restrictions on chainsaws and knives?

  2. #2
    Regular Member 2a4all's Avatar
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    No!
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

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  4. #4
    Regular Member ocholsteroc's Avatar
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    Originally Posted by Lovenox
    Look at 1 e:

    RCW 43.06.220
    State of emergency — Powers of governor pursuant to proclamation.

    (1) The governor after proclaiming a state of emergency and prior to terminating such, may, in the area described by the proclamation issue an order prohibiting:

    (e) The possession of firearms or any other deadly weapon by a person (other than a law enforcement officer) in a place other than that person's place of residence or business;

    (4) Any person willfully violating any provision of an order issued by the governor under this section is guilty of a gross misdemeanor.
    Yes, but that does not grant authority to a municipal government or municipal government official to enact such bans - only to the governor.

    From your link
    How come a DUI you can get your driver licence back, which it is a privilege. But if commiting a felon, even something non violent like stealing, you are denied your constitutional rights for the rest of your life?
    If you don't support the Second Amendment to the Constitution, what other parts of the Constitution do you reject?
    More restrictions on guns? how about restrictions on chainsaws and knives?

  5. #5
    Regular Member The Wolfhound's Avatar
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    Not applicable here

    That link appears to be for the state of Washington. Things are a bit different round these parts. Something about the RIGHT of the people to keep and bear arms in the Va. Constitution.

  6. #6
    Regular Member ocholsteroc's Avatar
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    Quote Originally Posted by The Wolfhound View Post
    That link appears to be for the state of Washington. Things are a bit different round these parts. Something about the RIGHT of the people to keep and bear arms in the Va. Constitution.
    opps...... Why did you post me another state link then?? RN? ^^^
    Last edited by ocholsteroc; 04-28-2011 at 04:10 PM.
    How come a DUI you can get your driver licence back, which it is a privilege. But if commiting a felon, even something non violent like stealing, you are denied your constitutional rights for the rest of your life?
    If you don't support the Second Amendment to the Constitution, what other parts of the Constitution do you reject?
    More restrictions on guns? how about restrictions on chainsaws and knives?

  7. #7
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    Originally Posted by Lovenox
    Look at 1 e:

    RCW 43.06.220
    State of emergency — Powers of governor pursuant to proclamation.

    (1) The governor after proclaiming a state of emergency and prior to terminating such, may, in the area described by the proclamation issue an order prohibiting:

    (e) The possession of firearms or any other deadly weapon by a person (other than a law enforcement officer) in a place other than that person's place of residence or business;

    (4) Any person willfully violating any provision of an order issued by the governor under this section is guilty of a gross misdemeanor.
    Yes, but that does not grant authority to a municipal government or municipal government official to enact such bans - only to the governor.
    The above holds true as long as the state does NOT accept any Federal funding to help with the state of emergency. As soon as any funds are accepted, then the state run afoul of Federal law.

    Chris

  8. #8
    Regular Member The Wolfhound's Avatar
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    Not to argue but just curious...

    "The above holds true as long as the state does NOT accept any Federal funding to help with the state of emergency. As soon as any funds are accepted, then the state run afoul of Federal law."

    Where is that cited so I can read it? It seems to override the concept of state sovereignty.

  9. #9
    Campaign Veteran Dutch Uncle's Avatar
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    State sovereignty....state sovereignty...... I thnk some ancient history professors might be able to dig something up about that archaic and no-longer-relevant concept!

    From a practical viewpoint, the feds own a share of just about everything in the states anymore. The National Guard comes to mind, even though there are people who still think they are the states' "militias".

    I hate to be such a cynic, but if crunch time hit Virginia, and the Feds came to "help", we might very well be faced with the loss of our Art 1, sec 13 freedoms (technically, no gov't can take away our rights, just our freedom to excersize them). It likely wouldn't resemble post-Katrina, however, as Virginians think a bit more independantly than those in many other states. You folks ask yourselves: would you dutifully hand in all your guns if such an order went out??? (never mind that some of us have collections that would fill up an entire military vehicle!!!)
    Last edited by Dutch Uncle; 04-28-2011 at 05:45 PM.

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    Quote Originally Posted by The Wolfhound View Post
    "The above holds true as long as the state does NOT accept any Federal funding to help with the state of emergency. As soon as any funds are accepted, then the state run afoul of Federal law."

    Where is that cited so I can read it? It seems to override the concept of state sovereignty.
    Sec. 706. Firearms Policies (42 U.S.C. 5207)*
    (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 an person
    where such possession is not otherwise prohibited by Federal, State, or
    local law; or
    (4) prohibit the carrying of 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.
    (c) Private Rights of Action -
    (1) In General - Any individual aggrieved by a violation of this section may
    seek relief in an action at law, suit in equity, or other proper proceeding for
    redress against any person who subjects such individual, or causes such
    individual to be subjected, to the deprivation of any of the rights, privileges,
    or immunities secured by this section.
    (2) Remedies - In addition to any existing remedy in law or equity, under any
    law, an individual aggrieved by the seizure or confiscation of a firearm in
    violation of this section may bring an action for return of such firearm in
    the United States district court in the district in which that individual resides
    or in which such firearm may be found.
    (3) Attorney Fees - In any action or proceeding to enforce this section, the
    court shall award the prevailing party, other than the United States, a
    reasonable attorney’s fee as part of the costs

  11. #11
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Dutch Uncle View Post
    State sovereignty....state sovereignty...... I thnk some ancient history professors might be able to dig something up about that archaic and no-longer-relevant concept!

    From a practical viewpoint, the feds own a share of just about everything in the states anymore. The National Guard comes to mind, even though there are people who still think they are the states' "militias".

    I hate to be such a cynic, but if crunch time hit Virginia, and the Feds came to "help", we might very well be faced with the loss of our Art 1, sec 13 freedoms (technically, no gov't can take away our rights, just our freedom to excersize them). It likely wouldn't resemble post-Katrina, however, as Virginians think a bit more independantly than those in many other states. You folks ask yourselves: would you dutifully hand in all your guns if such an order went out??? (never mind that some of us have collections that would fill up an entire military vehicle!!!)
    Go ahead and be a cynic. It's a valid point.

    Many would just hand them over despite all the tough talk.

    Many more would pretend like they didn't have any until they started contacting CHP holders on the assumption they must have guns.

    I'll let your imagination go from there.

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