Posted on 02/10/2006 9:46:15 AM PST by SonofLiberty1
State "Emergency Powers" vs. The Right to Arms
After Hurricane Katrina, many New Orleans residents legally armed themselves to protect their lives and property from civil disorder. With no way to call for help, and police unable to respond, honest citizens were able to defend themselves and their neighbors against looters, arsonists and other criminals.1
However, just when these people needed guns the most, New Orleans's Police Superintendent ordered the confiscation of firearms, allegedly under a state emergency powers law. "No one will be able to be armed," he said. "Guns will be taken. Only law enforcement will be allowed to have guns."2 (Fortunately, an NRA lawsuit brought an end to the seizures--along with a far-fetched denial that confiscation had ever been ordered.)
Of course, no one condones the mindless violence of those who would loot a helpless city, or shoot at rescue workers. But one reason for the citizens to retain a legal right to arms, is precisely because the government has no legal duty to protect them.3 Legislative bodies can, and should, act to protect the self-defense rights of citizens at the times when those rights are most important.
Unfortunately, 33 states have "emergency powers" laws that give the government permission to suspend or limit gun sales, and to prohibit or restrict citizens from transporting or carrying firearms. In some states, authorities are authorized to seize guns outright from citizens who've committed no crime--and who would then be defenseless against disorder.
The movement to change these laws is gaining speed. Just two months after Hurricane Katrina, the Louisiana legislature--with only one dissenting vote--adopted a resolution declaring "the policy of the state of Louisiana to protect and uphold the citizens' right to keep and bear arms in their residences, businesses, and means of transport, and on their persons," condemning the seizure of firearms from New Orleans citizens, and announcing it planned to amend Louisiana's emergency powers law "to rectify the denial of these rights."4
In the past, America has balanced emergency needs with respect for constitutional rights. Months before Pearl Harbor, the U.S. Congress passed the Property Requisition Act of 1941, which allowed the President, as a last resort, to seize needed war materials "upon the payment of fair and just compensation."5 The Congress, concerned about the prospect of gun confiscation, included language to prohibit registration or seizure of privately owned firearms. America and its allies went on to win the greatest armed conflict in history. Today, Congress and the state legislatures should follow that lead.
"No one will be able to be armed," he said. "Guns will be taken. Only law enforcement will be allowed to have guns."
Setting a precedent for nationwide confiscation.
hurricane katrina is a perfect example of WHY WE SHOULD HAVE GUNS!! Duh!
If my families life is in danger you better believe, law or no law, i'll have a gun and i'll use it and damn the consequences.
A lot of good people will be hurt.
...The movement to change these laws is gaining speed....
In the good places it is. In Mitt Romney land and in other leftist states it's not going too well.
Partly explains why the good people there are voting with their feet.
Sad they have to try and pass laws to protect the 2nd Amendment.
I shudder at this statement since I was an LEO, but in a similar situation, I would have resisted with force the confiscation of my weapons if they could have found them to start.
From the videotapes, it appears they only had the balls to tackle old ladies and seize their only means of protection.
If government has no legal duty to protect me, then government cannot possess the legal right to confiscate my means of protection....
no matter HOW loudly they scream "emergency".
I am sure the folk in NO said the same thing before the storm and before they had to put their rhetoric into action. This is like Kelo...until folk actually DO resist, then all we have is rhetoric.
A more realistic plan would be to have a place to stash the arms when the gestapo arrives. You give them the old junk gun you keep around for the goons and then when the thugs leave, you break out the basic self defense gear again (keeping the rest well hidden)
The idea is to protect yourself against barbarians not operating under the guise of government. You take a pot shot at the gestapo and they will get YOU and your guns.
Outsmart the buggers and support moves to prevent such moves before the disaster.
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