It will never happen here

[kikkup]

God hasn't been kicked out of my country.. Come up here to the mountains. More churches than C-Stores. We'll make room for you!

We may all need to move up there..

 

[beaker]

Confiscation of civilian firearms

Controversy arose over a September 8 city-wide order by New Orleans Police Superintendent Eddie Compass to local police, U.S. Army National Guard soldiers, and Deputy U.S. Marshals to confiscate all civilian-held firearms. "No one will be able to be armed," Compass said. "Guns will be taken. Only law enforcement will be allowed to have guns." Seizures were carried out without warrant, and in some cases with excessive force; one instance captured on film involved 58 year old New Orleans resident Patricia Konie. Konie stayed behind, in her well provisioned home, and had an old revolver for protection. A group of police entered the house, and when she refused to surrender her revolver, she was tackled and it was removed by force. Konie's shoulder was fractured, and she was taken into police custody for failing to surrender her firearm.[79][80] Even U.S. Army National Guard soldiers, armed with M16 assault rifles, were used for house to house searches, seizing firearms and attempting to get those remaining in the city to leave.[81]

Angered citizens, backed by the National Rifle Association and other organizations, filed protests over the constitutionality of such an order and the difficulty in tracking seizures, as paperwork was rarely filed during the searches. Wayne LaPierre, CEO of the National Rifle Association, defended the right of affected citizens to retain firearms, saying that, "What we’ve seen in Louisiana - the breakdown of law and order in the aftermath of disaster - is exactly the kind of situation where the Second Amendment was intended to allow citizens to protect themselves." The searches received little news coverage, though reaction from groups such as the NRA, the Second Amendment Foundation, and Gun Owners of America was immediate and heated, and a lawsuit was filed September 22 by the NRA and SAF on behalf of two firearm owners whose firearms were seized. On September 23, the U.S. District Court for the Eastern District of Louisiana issued a restraining order to bar further firearms confiscations.[79]

After refusing to admit that it had any seized firearms, the city revealed in mid-March that it did have a cache of some 1000 firearms seized after the hurricane; this disclosure came after the NRA filed a motion in court to hold the city in contempt for failure to comply with the U.S. District Court's earlier order to return all seized firearms. On April 14, 2006, it was announced that the city will begin to return seized firearms, however as of early 2008, many firearms were still in police possession, and the matter was still in court.[79] The matter was finally settled in favor of the NRA in October 2008. Per the agreement, the city was required to relax the strict proof of ownership requirements previously used, and was to release firearms to their owners with an affidavit claiming ownership and a background check to verify that the owner is legally able to possess a firearm.[82]

Louisiana legislator Steve Scalise introduced Louisiana House Bill 760, which would prohibit confiscation of firearms in a state of emergency, unless the seizure is pursuant to the investigation of a crime, or if the seizure is necessary to prevent immediate harm to the officer or another individual. On June 8, 2006, HB 760 was signed into law.[83] 21 other states joined Louisiana in enacting similar laws. A federal law prohibiting seizure of lawfully held firearms during an emergency, the Disaster Recovery Personal Protection Act of 2006, passed in the House with a vote of 322 to 99, and in the Senate by 84-16. The bill was signed into law by President Bush on October 9, 2006.[84]

http://en.wikipedia.org/wiki/Critic...ane_Katrina#Confiscation_of_civilian_firearms

In the aftermath of Hurricane Katrina, New Orleans Chief of Police Eddie Compass ordered police and National Guard units to confiscate firearms from citizens who remained in the area.

The National Rifle Association and Second Amendment Foundation filed a lawsuit against the city of New Orleans to place an emergency injunction forbidding such seizures from continuing. A temporary restraining order was granted September 23, 2005.[1]

The Disaster Recovery Personal Protection Act of 2006 (H.R.5013, S.2599) was a bill introduced March 28, 2006 by Republican Congressman Bobby Jindal in the House and on April 7, 2006 by Republican Senator David Vitter in the Senate.[2] On August 4, 2006, it was referred to committee.

On July 12, 2006 Senator Vitter proposed Senate Amendment 4615 (the Vitter Amendment) to Department Of Homeland Security Appropriations Act, 2007 (H.R. 5441), to prohibit the confiscation of a firearm during an emergency or major disaster if the possession of such firearm is not prohibited under Federal or State law.[3] The proposed amendment was subsequently modified to contain the provisions of the Disaster Recovery Personal Protection Act of 2006. However, the temporary surrender of a firearm could be required "as a condition for entry into any mode of transportation used for rescue or evacuation".

http://en.wikipedia.org/wiki/Disaster_Recovery_Personal_Protection_Act_of_2006

Of course non of this means anything if Marshall law is declared, and the Constitution is suspended.

 

[jmullinix]

Of course non of this means anything if Marshall law is declared, and the Constitution is suspended.

Just curious. Does the constitution allow its suspension? Can marshall law be "legally" declared and can the constitution be "legally" suspended?

 

[strider12]

Just curious. Does the constitution allow its suspension? Can marshall law be "legally" declared and can the constitution be "legally" suspended?

A whole new set of guidelines is setup when martial law is declared. Look em up, it's ugly.

 

[jmullinix]

A whole new set of guidelines is setup when martial law is declared. Look em up, it's ugly.

But is it authorized by our constitution. I understand that the laws to allow it have been passed, but is suspension of the constitution allowed by the constitution?

 

[strider12]

But is it authorized by our constitution. I understand that the laws to allow it have been passed, but is suspension of the constitution allowed by the constitution?

Read Article 1, section 9. Suspension of Habeas Corpus

 

[04redmach1]

Yall are not handling this right, you are to sit back quietly and be right.

 

[Constitution Hour]

Just curious. Does the constitution allow its suspension? Can marshall law be "legally" declared and can the constitution be "legally" suspended?

Abraham Lincoln sure thought so. Look up the Lieber code. Lincoln was a dictator and the worst President this country ever had. He was shot too late, his damage is still being felt to this day and I am not talking about racial issues.

 

[strider12]

Abraham Lincoln sure thought so. Look up the Lieber code. Lincoln was a dictator and the worst President this country ever had. He was shot too late, his damage is still being felt to this day and I am not talking about racial issues.

I am very familiar with the Lieber Code. Especially Article 2.

 

[jmullinix]

Lincoln did a lot of things that were not legal in the day. He was in a civil war, the "Illegal and immoral war of Northern Aggression against America." This is a man that usurped Maryland's right to secede as that would have surrounded DC with Confederate states. Maryland secession was squelched early in the war and the state had an armed presence throughout the war, if I remember correctly.

My question, however, is any of this authorized by the Constitution? Would it be authorized if Congress declared war?