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State of Emergency gun control laws

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joko104

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In Florida, if a state of emergency is declared Florida law essentially voids 2A:
It is illegal to sell or buy any firearms or ammo - and all gun shops are required to lock up all firearms. Basically all gun stores are ordered out of business. This can last for many days.
It is illegal to have a firearm in public unless you are in law enforcement.

We can remember during Katrina the police went door to door seizing firearms and everyone who foolishly listened to the government telling them to go to an arena - unarmed - found themselves completely defenseless against rape and attack.

First, how can a state just declare they are voiding the US Constitution? Why has this not been challenged in court?

Second, it is during a state of emergency when a person is most likely to need firearms for defense of their family and themselves.

Why is it ONLY 2A that the government - local, state and federal - where the government takes the position that they can eliminated the Bill Of Rights anytime they want to?
 
joko104 said:
In Florida, if a state of emergency is declared Florida law essentially voids 2A:
It is illegal to sell or buy any firearms or ammo - and all gun shops are required to lock up all firearms. Basically all gun stores are ordered out of business. This can last for many days.
It is illegal to have a firearm in public unless you are in law enforcement.

We can remember during Katrina the police went door to door seizing firearms and everyone who foolishly listened to the government telling them to go to an arena - unarmed - found themselves completely defenseless against rape and attack.

First, how can a state just declare they are voiding the US Constitution? Why has this not been challenged in court?

Second, it is during a state of emergency when a person is most likely to need firearms for defense of their family and themselves.

Why is it ONLY 2A that the government - local, state and federal - where the government takes the position that they can eliminated the Bill Of Rights anytime they want to?
Click to expand...

That (bolded above) is an extremely weak argument - folks do not wait until "an emergency is declared" to buy a gun or ammo.
 
joko104 said:
In Florida, if a state of emergency is declared Florida law essentially voids 2A:
It is illegal to sell or buy any firearms or ammo - and all gun shops are required to lock up all firearms. Basically all gun stores are ordered out of business. This can last for many days.
It is illegal to have a firearm in public unless you are in law enforcement.

We can remember during Katrina the police went door to door seizing firearms and everyone who foolishly listened to the government telling them to go to an arena - unarmed - found themselves completely defenseless against rape and attack.

First, how can a state just declare they are voiding the US Constitution? Why has this not been challenged in court?

Second, it is during a state of emergency when a person is most likely to need firearms for defense of their family and themselves.

Why is it ONLY 2A that the government - local, state and federal - where the government takes the position that they can eliminated the Bill Of Rights anytime they want to?
Click to expand...



Whilst promising I don't think that law is a feesable bases for banning guns.

We need to repeal the 2nd amendment before we can make any progress in banning guns.,
 
Rich2018 said:
Whilst promising I don't think that law is a feesable bases for banning guns.

We need to repeal the 2nd amendment before we can make any progress in banning guns.,
Click to expand...

We need to repeal the 2dA so we can see the need for it.
 
Too little, too late...
 
Rich2018 said:
It's never too late for gun control

What is "too little" ?
Click to expand...

Why shut the barn door after the horses have escaped? What about the guns that are already out there?
 
Elvira said:
Why shut the barn door after the horses have escaped? What about the guns that are already out there?
Click to expand...

Ban them and confiscate them.

ut the horses back in the stable and bolt the door.
 
But we know the 2dA will never be amended: end of story.
 
joko104 said:
In Florida, if a state of emergency is declared Florida law essentially voids 2A...
Click to expand...
Incorrect. This is the relevant section of the actual Florida law:

In addition to any other powers conferred upon the Governor by law, she or he may....

(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.
Florida Statutes & Constitution

For those of us living in actual reality, this means:
1) It is not automatic, it is at the governor's discretion.
2) The government can't seize everyone's firearms in a state of emergency.
3) It is not illegal to possess a firearm in public.


We can remember during Katrina the police went door to door seizing firearms...
Click to expand...
Then at best you are remembering wrong, or at worst remembering a lie inflated by gun rights extremists.

There were isolated incidents of out-of-state LEOs asking fleeing residents for firearms as they lacked them; and the NOPD superintendent announced, to basically no effect, that only police should have firearms. The NOPD apparently collected a little over 500 mostly non-working firearms, in a city of over 425,000 and where gun ownership levels are fairly high.


....everyone who foolishly listened to the government telling them to go to an arena - unarmed - found themselves completely defenseless against rape and attack.
Click to expand...
:roll:

There were almost no actual criminal acts in the Superdome or Convention Center. There was only one homicide in each location. Officers from the NOPD's sex crimes unit were living in the Superdome, checked on every single claim of rape or assault, and only substantiated two sexual assaults: "I think it was urban myth," said Lieutenant Benelli, who also heads the police union. "Any time you put 25,000 people under one roof, with no running water, no electricity and no information, stories get told." 9https://www.nytimes.com/2005/09/29/us/nationalspecial/fear-exceeded-crimes-reality-in-new-orleans.html)[/color]

Please spare us the macho vigilante nonsense.


First, how can a state just declare they are voiding the US Constitution? Why has this not been challenged in court?
Click to expand...
Uh, hello? The rights outlined in the Constitution are not absolute, and can be curtailed or regulated or restricted for all sorts of reasons. A statewide emergency is, without question, the type of situation where the government may need to do things that would not be acceptable during normal times.


Why is it ONLY 2A that the government - local, state and federal - where the government takes the position that they can eliminated the Bill Of Rights anytime they want to?
Click to expand...
:roll:

That isn't even remotely true.

During an emergency, the government of Florida grants itself broad powers. It can violate any state regulations it wants; it can commandeer private property; it can force people to evacuate an area; it can completely control access to a specific area; they can "limit or suspend lighting devices and appliances, gas and water mains, electric power distribution, and all other utility services;" set curfews... the list goes on.

It is truly bizarre that you twist this into a gun control rant.
 
The 2dA will not be repealed.
 
joko104 said:
In Florida, if a state of emergency is declared Florida law essentially voids 2A:
It is illegal to sell or buy any firearms or ammo - and all gun shops are required to lock up all firearms. Basically all gun stores are ordered out of business. This can last for many days.
It is illegal to have a firearm in public unless you are in law enforcement.

We can remember during Katrina the police went door to door seizing firearms and everyone who foolishly listened to the government telling them to go to an arena - unarmed - found themselves completely defenseless against rape and attack.

First, how can a state just declare they are voiding the US Constitution? Why has this not been challenged in court?

Second, it is during a state of emergency when a person is most likely to need firearms for defense of their family and themselves.

Why is it ONLY 2A that the government - local, state and federal - where the government takes the position that they can eliminated the Bill Of Rights anytime they want to?
Click to expand...
Why don’t you take the issue up with your Trump loving Governor? Surely somebody who embraces the Dotard-in-Chief’s purported absolute support for the 2nd Amendment can make things happen. :thumbs:
 
Rich2018 said:
OK, let's try than.

Repeal the 2nd amendment and ban all guns...
Click to expand...

To repeal the second, or any other amendment, you need 38 states to agree. 1 vote from Idaho, 1 from 1 vote from California. There are more Idaho's than California's. Good luck with that.
 
jimbo said:
To repeal the second, or any other amendment, you need 38 states to agree. 1 vote from Idaho, 1 from 1 vote from California. There are more Idaho's than California's. Good luck with that.
Click to expand...

Thank you, repealing the 2nd amendment will be a huge challenge, we're going to need all the luck we can get.
 
Rich2018 said:
Thank you, repealing the 2nd amendment will be a huge challenge, we're going to need all the luck we can get.
Click to expand...

Dream on. You won't get it.
 
Visbek said:
Incorrect. This is the relevant section of the actual Florida law:

In addition to any other powers conferred upon the Governor by law, she or he may....

(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.
Florida Statutes & Constitution

For those of us living in actual reality, this means:
1) It is not automatic, it is at the governor's discretion.
2) The government can't seize everyone's firearms in a state of emergency.
3) It is not illegal to possess a firearm in public.



Then at best you are remembering wrong, or at worst remembering a lie inflated by gun rights extremists.

There were isolated incidents of out-of-state LEOs asking fleeing residents for firearms as they lacked them; and the NOPD superintendent announced, to basically no effect, that only police should have firearms. The NOPD apparently collected a little over 500 mostly non-working firearms, in a city of over 425,000 and where gun ownership levels are fairly high.



:roll:

There were almost no actual criminal acts in the Superdome or Convention Center. There was only one homicide in each location. Officers from the NOPD's sex crimes unit were living in the Superdome, checked on every single claim of rape or assault, and only substantiated two sexual assaults: "I think it was urban myth," said Lieutenant Benelli, who also heads the police union. "Any time you put 25,000 people under one roof, with no running water, no electricity and no information, stories get told." 9https://www.nytimes.com/2005/09/29/us/nationalspecial/fear-exceeded-crimes-reality-in-new-orleans.html)[/color]

Please spare us the macho vigilante nonsense.



Uh, hello? The rights outlined in the Constitution are not absolute, and can be curtailed or regulated or restricted for all sorts of reasons. A statewide emergency is, without question, the type of situation where the government may need to do things that would not be acceptable during normal times.



:roll:

That isn't even remotely true.

During an emergency, the government of Florida grants itself broad powers. It can violate any state regulations it wants; it can commandeer private property; it can force people to evacuate an area; it can completely control access to a specific area; they can "limit or suspend lighting devices and appliances, gas and water mains, electric power distribution, and all other utility services;" set curfews... the list goes on.

It is truly bizarre that you twist this into a gun control rant.
Click to expand...

870.044 Automatic emergency measures

Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, the following acts shall be prohibited during the period of said emergency throughout the jurisdiction:

(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 her or his duty.
Nothing contained in this chapter shall be construed to authorize the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in a criminal act.
 
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