[Taurus92]

Not sure why we have two threads on this.

NRA threatens lawsuit after US Virgin Islands governor orders weapons seizure

In 2005, New Orleans Mayor Ray Nagin signed a similar order allowing seizure of guns, assault rifles and other weapons, ahead of a forced evacuation from those still living in areas affected by Hurricane Katrina.

The NRA filed a lawsuit after Katrina claiming New Orleans violated gun owners' constitutional right to bear arms and left them "at the mercy of roving gangs, home invaders, and other criminals" after the hurricane.

Congress later passed the 2006 Disaster Recovery Personal Protection Act, which was meant to prohibit future confiscation of weapons during an emergency.

2006 Disaster Recovery Personal Protection Act At the Federal level.

Purpose of the Legislation

The purpose of H.R. 5013 is to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to prohibit the confiscation of lawfully possessed firearms by an individual operating under the color of Federal law while acting in support of relief from a major disaster or emergency, unless the confiscation is otherwise permitted by law.[bold mine]

 

[Taurus92]

I have a question that might be stupid, but I haven't slept in quite a while. We have this that states "while acting during or pursuant to a declared state of emergency".

Then we have what is in 1), (2), and (3), " 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.

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]

 

[Taurus92]

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).

From a different thread.

http://dailycaller.com/2017/09/05/v...d-to-seize-guns-ammo-ahead-of-hurricane-irma/

 

[Taurus92]

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

Yes. From a different thread.

https://www.oathkeepers.org/virgin-islands-governor-orders-gun-seizures-advance-hurricane-irma/ by: David Codrea

As for Governor Mapp, he was an NYPD “Only One†before moving his career to the Virgin Islands. He has taken the oath to the Constitution throughout that career, advancing through the Virgin Islands legislature to the governorship.

It’s fair to wonder about the competency of an administration of an island in the Caribbean that is so unprepared to experience a hurricane it needs to seize firearms from citizens in order to equip its troops. It’s also fair to wonder about the character of those who would strong-arm that citizenry into defenselessness at the very time they will need protection the most, and at a time when the “authorities†will have their hands more than full and vast areas will be left on their own for an indeterminate period.