Has anyone analyzed how the "Disaster Recovery Personal Protection Act" effects the confiscation of firearms in an "emergency" here in Georgia? http://www.nraila.org/CurrentLegislation/Read.aspx?ID=2354
MP, what about it do you think doesn't affect GA? Don't most police departments receive some federal funding (and therefore fall under the bill)?
Well, I do not know the extent of federal funding today. Ten years ago, the answer would have been an unequivocal, "Yes, even though there is no constitutional provision authorizing such an expenditure, but there is bothing you can do to challenge it thanks to current standing doctrines." Most of those programs declined in funding over the years through a sliding scale built into the program and contained sunset provisions past which the locality was to pick up the funding slack. Even assuming some federal funding (traffic programs, Community Oriented Policing, Drug propaganda taught in schools by local law enforcement - "I turned in my parents and all I got was this lousy T-shirt!") remains, I do not know that this bill cuts off all federal funds to a locality based on a weapon snatching.
No, it doesn't cut off funding. It prohibits a recipient of federal funds from doing a gun snatching, and it creates a private right of action with attorney's fees for the winner if there is a violation. My thought was that if all police departments receive federal funding, then all police departments are prohibited from gun snatching, and subject to relentless pursuit by the world's civil rights attorneys.
Maybe this overwhelming vote is good ammunition for a Georgia Katrina bill, like that introduced by Bobby Franklin last year. And don't forget that Florida passed theirs unanimously - not one dissenting vote!