Defending Your Family During States of Emergency

Discussion in 'In the News' started by OWM, Sep 4, 2017.

  1. moe mensale

    moe mensale Well-Known Member

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    Are you referring to possible weapons confiscation during declared states of emergency? GA code says that's not allowed. But it appears that "carrying" of firearms is restricted to GWCL holders.

    http://www.georgiacarry.org/cms/ga-code-detail/?title=38&chapter=3&section=37

    O.C.G.A.§ 38-3-37
    Prohibited actions by government official or employee during declared state of emergency

    (a) As used in this Code section, the term:

    (1) "Firearm" means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.

    (2) "License holder" shall have the same meaning as set forth in Code Section 16-11-125.1.

    (3) "Weapon" shall have the same meaning as set forth in Code Section 16-11-125.1.

    (b) No official or employee of the state or any political subdivision thereof, member of the National Guard in the service of the state, or any person operating pursuant to or under color of state law, while acting during or pursuant to a declared state of emergency, shall:

    (1) Temporarily or permanently seize, or authorize the seizure of, any firearm or ammunition or any component thereof the possession of which was not prohibited by law at the time immediately prior to the declaration of a state of emergency, other than as provided by the criminal or forfeiture laws of this state;

    (2) Prohibit possession of any firearm or ammunition or any component thereof or promulgate any rule, regulation, or order prohibiting possession of any firearm or ammunition or any component thereof if such possession was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency;

    (3) Prohibit any license holder from carrying any weapon or promulgate any rule, regulation, or order prohibiting such carrying if such carrying was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency; or

    (4) Require the registration of any firearm.
     

  2. OWM

    OWM Well-Known Member

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    "Are you referring to possible weapons confiscation during declared states of emergency? GA code says that's not allowed. But it appears that "carrying" of firearms is restricted to GWCL holders."

    I was referring to confiscation and how that related to the GWCL. What you posted fixes that for me. Thanks.
     
  3. tmoore912

    tmoore912 Just a Man

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    Just FYI

    GeorgiaCarry.Org fixed this in 2014 with House Bill 60. It took years of developing relationships within the State Legislature to get this passed. GCO had been trying since we started in 2007.

    So you can thank them.
     
  4. Arty

    Arty Fire for effect

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    GCO has done and is continuing to do great work.
    I thank all involved!
     
  5. OWM

    OWM Well-Known Member

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    Just got off my sorry ass and renewed my membership in GCO. Made a small donation for being sorry. I like folks that fix things.
     
  6. Taurus92

    Taurus92 Well-Known Member

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    Not sure why we have two threads on this.

    NRA threatens lawsuit after US Virgin Islands governor orders weapons seizure


    2006 Disaster Recovery Personal Protection Act At the Federal level.

     
    Last edited: Sep 6, 2017
  7. Savannah Dan

    Savannah Dan Cross-drawer

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    I have a question that might be stupid, but I haven't slept in quite a while. We have this that states "[FONT=&quot]while acting during or pursuant to a declared state of emergency".
    Then we have what is in 1), (2), and (3), "[/FONT] at the time immediately prior to the declaration of a state of emergency".


    My question: Looking at the bold above, can they try to confiscate 'during' a state of emergency?


    Please be kind. I'm just a tired old white guy, not a lawyer.
     
  8. Taurus92

    Taurus92 Well-Known Member

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    I read it to say if confiscation wasn't legal "immediately prior to" declaring a state of emergency then confiscation is not legal during the state of emergency. [standard "I am not a lawyer" disclaimer]
     
  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    If it was prohibited by law prior to the state of emergency, then they can still seize it during the state of emergency. For example, convicted felons are not immune from having the policy seize their guns just because there is a declared state of emergency.

    Does that explanation help explain the wording?
     
  10. Savannah Dan

    Savannah Dan Cross-drawer

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    Yes. Thank you very much. It is about to get real here in a couple of days and I wanted to make sure I have the right info. Saturday I told people that it looked like Irma was going to hit about 30 miles south of Wrightsville Beach NC. They were calling me crazy then. Not so much now.
     
  11. OWM

    OWM Well-Known Member

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    May be closer than either of us want. Still not over Matthew. Good luck.
     
  12. johnski

    johnski Well-Known Member

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    Iirc the Govenor of the US Virgin islands is from New York City. Imagine my surprise.
     
  13. moe mensale

    moe mensale Well-Known Member

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    So "firearms" can't be seized (good!) nor possession prohibited (also good!).

    But according to (3), only license holders may carry their "weapons" (defined as a knife or handgun). Since a GWCL isn't required to carry a long gun, then an unlicensed person would be legal carrying a rifle and/or shotgun during a declared state of emergency. Correct?
     
  14. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    From where does your definition come?

    Does that definition apply to the statute under discussion? Why or why not?
     
  15. moe mensale

    moe mensale Well-Known Member

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    Post #2.

    http://www.georgiacarry.org/cms/ga-code-detail/?title=16&chapter=11&section=125.1

    Yes.
     
  16. RedDawnTheMusical

    RedDawnTheMusical Well-Known Member

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    From what I heard on Fox News (Tucker Carlson) last night (which is difficult as some in my family seem to struggle keeping the noise down when I'm watching the news), the Governor was on the phone and claimed that he gave no such order. According to him, he doesn't have the authority under state law or the constitution to authorize the seizure of citizen property and rightfully so. He claimed that the story was based on the fact that whoever was in charge of the rescue operations can PURCHASE items that they need (including ammunition) directly through local merchants, without going through the typical purchase approval process - in times of a declared emergency. Supposedly there was no confiscation of firearms or other property (as near as I could tell in listening to the story).
     
  17. Taurus92

    Taurus92 Well-Known Member

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    From a different thread.

     
  18. Taurus92

    Taurus92 Well-Known Member

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    Yes. From a different thread.