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Posted: 1/26/2012 9:17:36 PM EDT
After Hurricane Katrina, an order was issued to confiscate firearms, and yes it did happen.
The NRA went to court to request an injunction. Since then several states have laws forbidding
the confiscation of legally owned firearms even in an instance like Katrina.

Does Florida have such a law? Anyone know?
Link Posted: 1/26/2012 9:40:38 PM EDT
Not allowed per
Florida State: 2008 Statue Title XLVI, Chapter 870.044
Federal Law: Disaster Recovery Personal Protection Act of 2006 (H.R.5013, S.2599)
Link Posted: 1/27/2012 3:07:44 AM EDT
I can't help but wonder what would happen if you tried quoting those statutes to the officer / NG trying to confiscate your weapons, hypothetically of course, in such a situation as katrina. Praying, of course, such a thing never happens.
Link Posted: 1/27/2012 5:21:38 AM EDT
Originally Posted By Hey-Mikey:
I can't help but wonder what would happen if you tried quoting those statutes to the officer / NG trying to confiscate your weapons, hypothetically of course, in such a situation as katrina. Praying, of course, such a thing never happens.


Bad things would happen.... bad bad things.
Link Posted: 1/27/2012 6:00:23 AM EDT
[Last Edit: 1/27/2012 6:02:36 AM EDT by SoFloTRD]
I know many municipalities in the state have in their municipal code something of the following:

Automatic emergency measures. Whenever a state of emergency exists, pursuant to section 10-79, the following acts shall be prohibited during the period of the emergency throughout the city:

(1) The sale of or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size or description.

(2) The intentional display, after the emergency is declared, by or in any store or shop of any ammunition or gun or other firearm of any size or description.

(3) The intentional possession in a public place of a firearm by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of his duty.

==

This is for the city I live in right now. I was a little surprised to find out a while back (while researching other codes) that the above code is clearly defined. Doesn't specifically state that an LEO could take you weapon, but it does pretty clearly state you're not supposed to possess or carry a firearm during a declared emergency.
Link Posted: 1/27/2012 6:23:25 AM EDT
Originally Posted By SoFloTRD:
I know many municipalities in the state have in their municipal code something of the following:

Automatic emergency measures. Whenever a state of emergency exists, pursuant to section 10-79, the following acts shall be prohibited during the period of the emergency throughout the city:

(1) The sale of or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size or description.

(2) The intentional display, after the emergency is declared, by or in any store or shop of any ammunition or gun or other firearm of any size or description.

(3) The intentional possession in a public place of a firearm by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of his duty.

==

This is for the city I live in right now. I was a little surprised to find out a while back (while researching other codes) that the above code is clearly defined. Doesn't specifically state that an LEO could take you weapon, but it does pretty clearly state you're not supposed to possess or carry a firearm during a declared emergency.


Doesn't matter. No city or municipality can make, inact, enforce any firearm law contrary to state law. If they do the municipality is criminally liable as is each elected official.


Posted Via AR15.Com Mobile
Link Posted: 1/27/2012 6:40:06 AM EDT
Originally Posted By CS223:
Originally Posted By SoFloTRD:
I know many municipalities in the state have in their municipal code something of the following:

Automatic emergency measures. Whenever a state of emergency exists, pursuant to section 10-79, the following acts shall be prohibited during the period of the emergency throughout the city:

(1) The sale of or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size or description.

(2) The intentional display, after the emergency is declared, by or in any store or shop of any ammunition or gun or other firearm of any size or description.

(3) The intentional possession in a public place of a firearm by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of his duty.

==

This is for the city I live in right now. I was a little surprised to find out a while back (while researching other codes) that the above code is clearly defined. Doesn't specifically state that an LEO could take you weapon, but it does pretty clearly state you're not supposed to possess or carry a firearm during a declared emergency.


Doesn't matter. No city or municipality can make, inact, enforce any firearm law contrary to state law. If they do the municipality is criminally liable as is each elected official.


Posted Via AR15.Com Mobile


The key wording here is during a declared emergency.
Link Posted: 1/27/2012 6:42:04 AM EDT
Originally Posted By CS223:
Originally Posted By SoFloTRD:
I know many municipalities in the state have in their municipal code something of the following:

Automatic emergency measures. Whenever a state of emergency exists, pursuant to section 10-79, the following acts shall be prohibited during the period of the emergency throughout the city:

(1) The sale of or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size or description.

(2) The intentional display, after the emergency is declared, by or in any store or shop of any ammunition or gun or other firearm of any size or description.

(3) The intentional possession in a public place of a firearm by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of his duty.

==

This is for the city I live in right now. I was a little surprised to find out a while back (while researching other codes) that the above code is clearly defined. Doesn't specifically state that an LEO could take you weapon, but it does pretty clearly state you're not supposed to possess or carry a firearm during a declared emergency.


Doesn't matter. No city or municipality can make, inact, enforce any firearm law contrary to state law. If they do the municipality is criminally liable as is each elected official.


Posted Via AR15.Com Mobile


Doesn't mean they wouldn't try.....

Link Posted: 1/27/2012 7:37:34 AM EDT
BTW, I did find the following:

252.36 Emergency management powers of the Governor.

[...]

(h) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles. However, nothing contained in ss. 252.31-252.90 shall be construed to authorize the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in the commission of a criminal act.


==

Goes along with the city stuff I posted above, but doesn't address the carry issue and appears clear to me that they can't take your firearm unless you're in the process of being a bad guy.
Link Posted: 1/27/2012 8:17:32 AM EDT
[Last Edit: 1/27/2012 8:20:03 AM EDT by CS223]

Originally Posted By SoFloTRD:

The key wording here is during a declared emergency.

Again, as indicated, only the Governor can make that decision. State law preempts all others. I'd go back and have a look at your current ordinances, after Oct. 1 2011, municipalities were scrambling to scrub their books of anything contrary to the law.
Link Posted: 1/27/2012 8:48:38 AM EDT
will not happen here in Jax. I got that from the number one man himself..........
Link Posted: 1/27/2012 9:25:08 AM EDT
What guns??

Link Posted: 1/27/2012 1:58:37 PM EDT
Link Posted: 1/27/2012 6:12:32 PM EDT
Originally Posted By SGB:

Originally Posted By SoFloTRD:
I know many municipalities in the state have in their municipal code something of the following:

Automatic emergency measures. Whenever a state of emergency exists, pursuant to section 10-79, the following acts shall be prohibited during the period of the emergency throughout the city:

(1) The sale of or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size or description.

(2) The intentional display, after the emergency is declared, by or in any store or shop of any ammunition or gun or other firearm of any size or description.

(3) The intentional possession in a public place of a firearm by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of his duty.

==

This is for the city I live in right now. I was a little surprised to find out a while back (while researching other codes) that the above code is clearly defined. Doesn't specifically state that an LEO could take you weapon, but it does pretty clearly state you're not supposed to possess or carry a firearm during a declared emergency.

Please forward all the information you have on this ordinance to me.


Done.
Link Posted: 1/27/2012 7:34:36 PM EDT
Originally Posted By SGB:
Please forward all the information you have on this ordinance to me.


Notwithstanding the preemption issues, this ordinance just mirrors FS 870.044 under the Riots/Affrays chapter. It's an automatic measure that kicks in when the mayor or sheriff declare a local state of emergency. Most people, many in government included, really are not familiar with how legal states of emergencies work.

I've worked through close to two dozen declared states of emergency in Florida, and never met a cop that knew or cared about this statute.
Link Posted: 1/28/2012 6:33:01 AM EDT
Originally Posted By Trippinmyrlinn:
Originally Posted By CS223:
Originally Posted By SoFloTRD:
I know many municipalities in the state have in their municipal code something of the following:

Automatic emergency measures. Whenever a state of emergency exists, pursuant to section 10-79, the following acts shall be prohibited during the period of the emergency throughout the city:

(1) The sale of or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size or description.

(2) The intentional display, after the emergency is declared, by or in any store or shop of any ammunition or gun or other firearm of any size or description.

(3) The intentional possession in a public place of a firearm by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of his duty.

==

This is for the city I live in right now. I was a little surprised to find out a while back (while researching other codes) that the above code is clearly defined. Doesn't specifically state that an LEO could take you weapon, but it does pretty clearly state you're not supposed to possess or carry a firearm during a declared emergency.


Doesn't matter. No city or municipality can make, inact, enforce any firearm law contrary to state law. If they do the municipality is criminally liable as is each elected official.


Posted Via AR15.Com Mobile


Doesn't mean they wouldn't try.....



They all had to change this because of the preemption. I work for a city that had to make the changes.
Link Posted: 1/28/2012 7:59:02 AM EDT
Link Posted: 1/31/2012 9:10:10 AM EDT
Display firearms in a state of emergency is what keeps things civil. Remember the Korean shop owners during the LA riots.
Link Posted: 1/31/2012 3:53:48 PM EDT
Originally Posted By jjrockbush:
What guns??



Link Posted: 2/14/2012 9:08:54 AM EDT
In a state of emergency when people feel that its ok to act stupid and loot, rob, steal and kill.... There is no way someone is going to prevent me from protecting my self and my family.

This is also why reguardless to how many rounds I use at the range I always have a minimum back up of ammo at the house that does not get used. Forget the whole zombie epademic everyone jokes about but a hurricane, tsunami, etc are very real possibilities and I will not be a victim.

Also this whole article reminds me of the latin quote: "Molon Labe"
Link Posted: 2/17/2012 1:47:58 PM EDT
[Last Edit: 2/19/2012 12:06:17 PM EDT by SGB]
Originally Posted By LoCapitano:
In a state of emergency when people feel that its ok to act stupid and loot, rob, steal and kill.... There is no way someone is going to prevent me from protecting my self and my family.

This is also why reguardless to how many rounds I use at the range I always have a minimum back up of ammo at the house that does not get used. Forget the whole zombie epademic everyone jokes about but a hurricane, tsunami, etc are very real possibilities and I will not be a victim.

Also this whole article reminds me of the latin quote: "Molon Labe"


+10000. I live in Miami Beach. I could easily see every http://s5.tinypic.com/vqnldy_th.jpg {EDITED - SGB} http://s5.tinypic.com/vqnldy_th.jpg in Liberty City crossing the bridges and coming up my street, looting and rioting. They will not make it far, unless the communist regime in city hall lets them.
Link Posted: 2/17/2012 3:29:31 PM EDT
[Last Edit: 2/17/2012 3:31:06 PM EDT by ACGUNNER]
The lessons learned & the laws changed since Katrina. I doubt that confiscation would
happen again. Have you watched http://www.youtube.com/watch?v=B1Qx0cTze0M, one can see
the numbers of LEO during those events.

For those that have the mentality of "Come & Take Them ! ! !"
Have you trained for this? Do you have experience in multiple target engagement?
What are your numbers, is there enough of yous & have you trained together?
Just some things to consider.

Nobody wants or wishes for a confrontation w/LEO, their numbers run THICK.
Link Posted: 2/17/2012 9:13:30 PM EDT
Originally Posted By ACGUNNER:http://www.youtube.com/watch?v=B1Qx0cTze0M


I think that video stands against everything it is to be American! I am in no way shape or form a Police basher... In 99% of situations I stand behind our men in blue and support what they do becuase they have a very challenging job, and as A Firefighter I've become very familiar with a lot of them!

But to tackle an elderly lady that doesn't want to leave her residence, regardless to what illnesses might come to her... That is her choice and God gave us the freedom of choice!
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