State of Emergency
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Thread: State of Emergency

  1. State of Emergency

    So, I've heard stories in the past for major incidents such as Hurricane Katrina where the State of Emergency basically voids some civil rights.

    Not sure if that's the case all the time, can anyone explain what is entailed when a Governor declares 'state of emergency'? Not really concerned for this one, but got me thinking about more serious issues in the future.

    I ask because my states governor declared a state of emergency today:

    Gov. Martinez declares a state of emergency | KOB.com

    Please excuse my ignorance on the subject lol
    Quick to the gun, Sure of your grip. Quick to the threat, sure of your shot. - Chris Costa

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  3. #2
    Quote Originally Posted by ClearSightTactical View Post
    So, I've heard stories in the past for major incidents such as Hurricane Katrina where the State of Emergency basically voids some civil rights.

    Not sure if that's the case all the time, can anyone explain what is entailed when a Governor declares 'state of emergency'? Not really concerned for this one, but got me thinking about more serious issues in the future.

    I ask because my states governor declared a state of emergency today:

    Gov. Martinez declares a state of emergency | KOB.com

    Please excuse my ignorance on the subject lol
    In most situations it is done to qualify for federal FEMA aid.

    I don't think a governor can suspend federal rights, but perhaps they can suspend state rights.

  4. #3
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    Quote Originally Posted by ClearSightTactical View Post
    So, I've heard stories in the past for major incidents such as Hurricane Katrina where the State of Emergency basically voids some civil rights.

    Not sure if that's the case all the time, can anyone explain what is entailed when a Governor declares 'state of emergency'? Not really concerned for this one, but got me thinking about more serious issues in the future.

    I ask because my states governor declared a state of emergency today:

    Gov. Martinez declares a state of emergency | KOB.com

    Please excuse my ignorance on the subject lol
    It all depends on how bad an emergency it is. When I was employed, Florida used the SOE declaration to trigger some responses. In our case, it meant that all of our leaves could be canceled and we had to report for work. These SOEs could start even before a hurricane hit. As soon as the Feds declared one, then the bills for our operation became a FEMA problem. Otherwise it stayed a joint state/USACOE problem. During the SOE from the state, things remained about normal for normal citizens and the state would move manpower and supplies into an area. They also would open up the Emergency Operations Centers with Feds, state, county, taxing districts, reporting there. It also triggered us having to do sat phone/radio check at a regular interval and time. Weather conditions were reported more often. Hourly instead of twice a day. If the Feds did it, then the state and Feds moved things to staging points. In the case of us, Homestead Air Reserve Base is the staging point. During a SOE Florida suspends tolls on many of the roads so that traffic will flow faster. It also closes some lanes to traffic to allow faster movement of manpower and supplies. It can put some roads off limits to civilians. In snow areas, you can be told to stay home. Get caught on the road and you face fines/lockup. After Andrew and the Disaster Declaration, we had what amounted to Martial Law placed on us. Curfew from 1800 to 0600. Get caught out and you could be going to jail. Fed troops and National Guard were out. Feds had the guns but the Guard had all the bullets. Both were at a checkpoints. In the case of snow areas, the state uses it to call out the Guard if needed for moving supplies or emergency snow removal. Another thing it does is allows states that have pacts with other states, to borrow manpower and supplies. Most states along the Gulf have a pact where if needed, the borrowing state pay 1.5 times wages for employees from borrowed states. Plus per diem. It also allows state to do temp manpower transfers to other agencies as needed. After Katrina, many states wrote into their Constitutions that guns could not be seized during a SOE. The state can also turn an employee's vehicle into an emergency vehicle that allows unrestrained access to areas under curfew. BTDT.

  5. #4
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    State of Emergency...

    S&W645 gave a good, indepth answer to your question, however (there is always a 'however'), the State of North Carolina enacted a law that prohibits anyone that is not LEO/ERT from possessing firearms outside their homes, and provides for the LEO/ERT to confiscate weapons of any type.
    The NRA is actively fighting this usurpation of the 2A rights.
    (This law was enacted AFTER Katrina hit LA)
    JPKirkpatrick
    USAF-Ret; NRA Life; CRPA Life; USA Carry Mbr;
    Oath Keepers Chrtr Mbr; USCCA Mbr; HGCA Mbr; Ret Former LEO

  6. #5
    Georgia is in a similar situation to NC & FL (among others). We actually have a bill that has been
    submitted to the General Assembly this session that would address the issue.

    First Reader Summary - -
    A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to prohibit any additional limitations on carrying firearms during states of emergency; to provide civil remedies for violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
    I most certainly hope that this one passes.... THIS YEAR !!

    Without it... if we were lucky... the Governor could limit carry to within the
    home ONLY. If we weren't so lucky... they could seize guns...
    Life Member GeorgiaCarry.org http://www.GeorgiaCarry.org

  7. #6
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    i guess it depends on which state you are in. anybody know about washington state?

  8. #7
    G.B. Signed in a federal bill that would not allow for the removal of your firearms during a disaster. I apologize for not being able to find it, perhaps someone more versed in google, can look it up and post it?

    But you should be covered...also, if it's concealed who'd know you have it unless you needed it and then who cares? Just my two cents.

  9. #8
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    thanks for the information. i live in a small town where the police chief has told me that he deos not support handguns possessed by private individuals. i would bet that if he could he would seize guns in an emergency if he could.

  10. #9
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    Quote Originally Posted by santa View Post
    thanks for the information. i live in a small town where the police chief has told me that he deos not support handguns possessed by private individuals. i would bet that if he could he would seize guns in an emergency if he could.
    If I remember guns that were taken during Katrina were considered taken illegally by courts.

    Also anyone attempting to disarm me on my property or property under my control especially during an emergency where I would be unable to defend my property would be committing a tactical error when they entered my property.

  11. #10
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    Quote Originally Posted by Nightmare45 View Post
    If I remember guns that were taken during Katrina were considered taken illegally by courts.

    Also anyone attempting to disarm me on my property or property under my control especially during an emergency where I would be unable to defend my property would be committing a tactical error when they entered my property.
    That poses an interesting problem. A law enforcement officer could be the one who attempts to remove your guns and you'd shoot them. Would the DA/PA try to show that they were acting lawfully?

    We had that problem with Martial Law after Andrew. It took the courts to declare the curfew illegal. Most likely it would be the same in the case of disarming someone. A test case even with the law.

    Originally Posted by KCD1974
    G.B. Signed in a federal bill that would not allow for the removal of your firearms during a disaster. I apologize for not being able to find it, perhaps someone more versed in google, can look it up and post it?

    But you should be covered...also, if it's concealed who'd know you have it unless you needed it and then who cares? Just my two cents.

    As Far as the Feds go, Disaster Recovery Personal Protection Act of 2006 (HR-5013) was the bill that passed the House but never passed the Senate. There was also a Senate Bill ( S-2599 ) which passed the Senate. Never made it any further. But don't give up hope. It finally got tacked onto the Department of Homeland Security Appropriations bill of Oct 2006 and was signed by GWB. H.R. 5441 [109th]: Department of Homeland Security Appropriations Act, 2007

    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.

    (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.'.

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