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Joined: May 28, 2007 Posts: 27162 Location: South West Florida (Behind friendly lines but still in Occupied Territory)
Posted: Tue Feb 09, 2010 8:32 am Post subject: NC Residents Revolt Over 'State Of Emergency'
Residents Fumed Over Weekend Alcohol, Firearm Ban
King State Of Emergency Lifted Monday
POSTED: 5:18 pm EST February 6, 2010
UPDATED: 6:21 pm EST February 8, 2010
video at the link
Comments 581
KING, N.C. --
Residents in King were fumed over the weekend after a state of emergency declaration restricted the sale of alcohol and the carrying of firearms in vehicles.
King Police Chief Paula May said she’s received hundreds of threats related to the restrictions, which banned driving from 12 a.m. Sunday to 5 a.m.
The state of emergency for King was declared by members of the City Council after Stokes County authorities also declared a state of emergency.
Under North Carolina law, May said, when a state of emergency is put into place that includes a ban on driving, the sale of alcohol and carrying of firearms in vehicles is also banned.
“I think there’s been some misinterpretation that I personally have declared martial law and taken away people’s right to bear arms and that’s erroneous,” May told WXII reporter Jermont Terry. “By law, statue 14-288.7 automatically went into effect. And that law which goes into effect when there’s a state of emergency prohibits the transportation, purchase sale and possession of firearms other than on one's own premises.”
The news of the ban created a firestorm of criticism.
“This is absolutely the craziest thing I have ever heard. So far fetched that I am speechless!” one post on WXII12.com read.
“This has to be the most ridiculous event of the century!!!!! This is the ultimate denial of liberties for the most asinine reason...bad weather!!!” another poster wrote.
May said officers did pull people over who were in violation of the curfew driving ban, but no tickets were issued.
King Police Chief Paula May More
“We did find some people on the streets,” May said. “We didn’t take any enforcement actions. We spoke to the people driving and helped them to get to where they needed to be.”
May wouldn’t give details on the types of threats other than to say they had been phoned, faxed and e-mailed.
“We have to take them all serious and we’ll investigate to the best of our ability and determine the source of those threats,” she said.
King, NC -- Stokes County Emergency Services and King Police department have declared a State of Emergency in the county and a curfew in the city of King.
A blast of winter weather Friday left widespread power outages. As of 5:00pm Saturday, more than 6,400 Duke Energy customers are without power. There is no word yet on when power will be restored in the county. So in the meantime, King Police Chief Paula May issued the following State of Emergency guidelines for the city of King.
This official State of Emergency includes the following prohibitions:
1. CURFEW: Unless a member of the King Police Department or the Emergency Management Program, every person located within the City of King must be inside a house dwelling from the hours of midnight - 5:00 AM throughout the duration of the State of Emergency.
2. NO ALCOHOLIC BEVERAGES: No sale, consumption, transportation or possession of alcoholic beverages is allowed, except for possession of consumption on a person's own residential premises.
3. NO FIREARMS: No sale or purchase of any type of firearm, ammunition, explosive, or any possession of such items is allowed off a person's own premises.
4. ACCESS RESTRICTIONS: No access or attempting to obtain access is allowed by any person to any area that has been barricaded or otherwise posted indicating that access is denied or restricted by law enforcement officers.
These restrictions are for the safety and protection of persons in the City of King and will be strictly enforced.
Joined: May 28, 2007 Posts: 27162 Location: South West Florida (Behind friendly lines but still in Occupied Territory)
Posted: Tue Feb 09, 2010 8:52 am Post subject:
Quote:
SEC. 706. FIREARMS POLICIES. (a) PROHIBITION ON CONFISCATION OF FIREARMS.— No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may— (1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation; (2) require registration of any firearm for which registration is not required by Federal, State, or local law; (3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or (4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local January 9, 2007 Sec. 705 ROBERT T. STAFFORD DISASTER RELIEF 62 law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency. (b) LIMITATION.—Nothing in this section shall be construed to prohibit any person in subsection (a) from requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency, provided that such temporarily surrendered firearm is returned at the completion of such rescue or evacuation. (c) PRIVATE RIGHTS OF ACTION.— (1) IN GENERAL.—Any individual aggrieved by a violation of this section may seek relief in an action at law, suit in equity, or other proper proceeding for redress against any person who subjects such individual, or causes such individual to be subjected, to the deprivation of any of the rights, privileges, or immunities secured by this section. (2) REMEDIES.—In addition to any existing remedy in law or equity, under any law, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may bring an action for return of such firearm in the United States district court in the district in which that individual resides or in which such firearm may be found. (3) ATTORNEY FEES.—In any action or proceeding to enforce this section, the court shall award the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs. (42 U.S.C. 5207) January 9, 2007
_________________ I'm a Conservative ~ "BOO" and According to Obama and Napolitano I am (AKA) the "Boogieman"
Joined: May 28, 2007 Posts: 27162 Location: South West Florida (Behind friendly lines but still in Occupied Territory)
Posted: Tue Feb 09, 2010 8:54 am Post subject:
Quote:
Amendment 2 A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
_________________ I'm a Conservative ~ "BOO" and According to Obama and Napolitano I am (AKA) the "Boogieman"
Joined: May 28, 2007 Posts: 27162 Location: South West Florida (Behind friendly lines but still in Occupied Territory)
Posted: Tue Feb 09, 2010 9:12 am Post subject:
Congress Passes NRA-backed “Disaster Recovery Personal Protection Act of 2006”
Saturday, September 30, 2006
Fairfax, VA- The National Rifle Association (NRA) and law-abiding gun owners scored a significant victory yesterday when the United States Congress acted to prohibit the confiscation of legal firearms from law-abiding citizens during states of emergency, barring practices conducted by officials in New Orleans in the wake of Hurricane Katrina. This action was included in the Department of Homeland Security Appropriations bill that passed both chambers of Congress. This bill now heads to President Bush for his expected signature.
“Following the chaos and civil disorder in New Orleans when the city effectively suspended the Second Amendment, NRA vowed to make sure we never again witnessed this kind of desecration on our rights,” declared Chris W. Cox. “As promised, NRA set out to pass legislation at both the federal and state levels to protect the Second Amendment rights of law-abiding American citizens.”
H.R. 5013, the “Disaster Recovery Personal Protection Act,” was introduced in the House by Congressman Bobby Jindal (LA - 1) passed the House on July 25, 2006 with a broad bi-partisan margin of 322-99. Senator David Vitter (R-La) introduced the Senate version of the bill, which passed the United States Senate by 84-16, the largest margin of victory for a NRA-backed measure.
“The essence of the ‘Disaster Recovery Personal Protection Act’ was so compelling that it received strong bipartisan support in Congress,” continued Cox. “When 911 is non-existent and law enforcement personnel are busy with search and rescue missions and other duties, law abiding Americans want to defend their families and loved ones in times of emergency. Your NRA helped guarantee their freedom to do just that.”
“On behalf of all NRA members nationwide, I want to thank Rep. Bobby Jindal (R-LA) and Sen. Vitter for their leadership in introducing this legislation and seeing these fundamental bills through to passage,” concluded Cox.
Joined: May 28, 2007 Posts: 27162 Location: South West Florida (Behind friendly lines but still in Occupied Territory)
Posted: Tue Feb 09, 2010 9:13 am Post subject:
109th CONGRESS
2d Session
H. R. 5013
AN ACT
To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to prohibit the confiscation of firearms during certain national emergencies.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Disaster Recovery Personal Protection Act of 2006'.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Second Amendment to the Constitution states that a `well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed', and Congress has repeatedly recognized this language as protecting an individual right.
(2) In the wake of Hurricane Katrina, State and local law enforcement and public safety service organizations were overwhelmed and could not fulfill the safety needs of the citizens of the State of Louisiana.
(3) In the wake of Hurricane Katrina, the safety of these citizens, and of their homes and property, was threatened by instances of criminal activity.
(4) Many of these citizens lawfully kept firearms for the safety of themselves, their loved ones, their businesses, and their property, as guaranteed by the Second Amendment, and used their firearms, individually or in concert with their neighbors, for protection against crime.
(5) In the wake of Hurricane Katrina, certain agencies confiscated the firearms of these citizens in contravention of the Second Amendment, depriving these citizens of the right to keep and bear arms and rendering them helpless against criminal activity.
(6) These confiscations were carried out at gunpoint by nonconsensual entries into private homes, by traffic checkpoints, by stoppage of boats, and otherwise by force.
(7) The citizens from whom firearms were confiscated were either in their own homes or attempting to flee the flooding and devastation by means of motor vehicle or boat, and were accosted, stopped, and arbitrarily deprived of their private property and means of protection.
(8 ) The means by which the confiscations were carried out, which included intrusion into the home, temporary detention of persons, and seizures of property, constituted unreasonable searches and seizures and deprived these citizens of liberty and property without due process of law in violation of fundamental rights under the Constitution.
(9) Many citizens who took temporary refuge in emergency housing were prohibited from storing firearms on the premises, and were thus treated as second-class citizens who had forfeited their constitutional right to keep and bear arms.
(10) At least one highly-qualified search and rescue team was prevented from joining in relief efforts because the team included individuals with firearms, although these individuals had been deputized as Federal law enforcement officers.
(11) These confiscations and prohibitions, and the means by which they were carried out, deprived the citizens of Louisiana not only of their right to keep and bear arms, but also of their rights to personal security, personal liberty, and private property, all in violation of the Constitution and laws of the United States.
SEC. 3. PROHIBITION ON CONFISCATION OF FIREARMS DURING CERTAIN NATIONAL EMERGENCIES.
Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201) is amended by adding at the end the following:
`SEC. 706. FIREARMS POLICIES.
`(a) Prohibition on Confiscation of Firearms- No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may--
`(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation;
`(2) require registration of any firearm for which registration is not required by Federal, State, or local law;
`(3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or
`(4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency.
`(b) Limitation- Nothing in this section shall be construed to prohibit any person from requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency.
`(c) Private Rights of Action-
`(1) IN GENERAL- Any individual aggrieved by a violation of this section may seek relief in an action at law, suit in equity, or other proper proceeding for redress against any person who subjects such individual, or causes such individual to be subjected, to the deprivation of any of the rights, privileges, or immunities secured by this section.
`(2) REMEDIES- In addition to any existing remedy in law or equity, under any law, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may bring an action for return of such firearm in the United States district court in the district in which that individual resides or in which such firearm may be found.
`(3) ATTORNEY FEES- In any action or proceeding to enforce this section, the court shall award the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs.'.
Passed the House of Representatives July 25, 2006.
This story went up on the Drudge Report and in the current context of people wondering of the Federal government is going to do something drastic to gain more power over Americans... well boom! That's what happened.
Lots of people in America are on edge right now expecting the worst.
W _________________ Vox populi vox Dei
Ad majorem Dei gloriam
Joined: May 28, 2007 Posts: 27162 Location: South West Florida (Behind friendly lines but still in Occupied Territory)
Posted: Tue Feb 09, 2010 9:18 am Post subject:
Emergency Powers Laws
S. 2599/H.R. 5013: Disaster Recovery Personal Protection Act of 2006
In the aftermath of Hurricane Katrina, the citizens of New Orleans lost their right to defend themselves from thugs and looters when law enforcement systematically confiscated legally owed firearms from those who were trying to protect themselves, their families and their property. To ensure this never happens again, the passage of S. 2599/H.R. 5013, the “Disaster Recovery Personal Protection Act of 2006,” is a top NRA-ILA legislative priority.
On July 25, 2006, the U.S. House of Representatives voted 322 to 99 to pass H.R. 5013 (introduced by Rep. Bobby Jindal, R-LA), to guarantee that the Second Amendment rights of law-abiding Americans will never again be violated during a time of emergency. Companion legislation, S. 2599 by Sen. David Vitter (R-LA), is now under consideration in the U.S. Senate.
S. 2599 specifically prohibits the confiscation of lawfully possessed firearms by officials during emergencies. It also forbids federal officers or employees from requiring the registration of firearms, prohibiting the lawful carrying of firearms or banning the possession of lawful firearms. These prohibitions apply to all federal officers, employees or any others who receive federal funds and specifically include the uniformed services.
The legislation also expressly allows citizens to bring legal action--similar to a traditional civil rights suit--against any government agent or employee who violates this act. The bill also allows for suit to be brought to force the return of any illegally confiscated firearm. Finally, S.2599/H.R. 5013 provides for payment of attorney’s fees for victims who are forced to use the courts to restore their rights and property.
The strong bipartisan vote in favor of H.R. 5013 demonstrates the broad support for this legislation. Law enforcement must never again be allowed to disarm law-abiding people during a time of emergency when they are most vulnerable to criminal attack and when authorities are least able to come to the aid of citizens.
On July 13, 2006, 84 Senators voted in favor of an amendment to the Homeland Security appropriations bill (H.R. 5441) to prohibit the use of any federal funds to confiscate lawfully owned or possessed firearms. This was an important step; however, it applies the restriction only to funding for the 2007 fiscal year. Passage of S. 2599/H.R. 5013 will make the prohibition of government confiscation of firearms during times of emergencies permanent and provides badly needed remedies for victims of confiscation should it ever happen in violation of the law.
Posted: Tue Feb 09, 2010 9:26 am Post subject: CORRECT
"Amendment 2 A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed"
The 2nd Amendment is not about having guns for hunting or for sports. It is about the People being in control of their Government and not vice versa...
Joined: Apr 24, 2006 Posts: 1866 Location: Stronghold of Suffolk County N.Y.
Posted: Tue Feb 09, 2010 10:36 am Post subject: Re: NC Residents Revolt Over 'State Of Emergency'
AirborneSapper7 wrote:
Residents Fumed Over Weekend Alcohol, Firearm Ban
King State Of Emergency Lifted Monday
POSTED: 5:18 pm EST February 6, 2010
UPDATED: 6:21 pm EST February 8, 2010
video at the link
Comments 581
KING, N.C. --
Residents in King were fumed over the weekend after a state of emergency declaration restricted the sale of alcohol and the carrying of firearms in vehicles.
King Police Chief Paula May said she’s received hundreds of threats related to the restrictions, which banned driving from 12 a.m. Sunday to 5 a.m.
The state of emergency for King was declared by members of the City Council after Stokes County authorities also declared a state of emergency.
Under North Carolina law, May said, when a state of emergency is put into place that includes a ban on driving, the sale of alcohol and carrying of firearms in vehicles is also banned.
“I think there’s been some misinterpretation that I personally have declared martial law and taken away people’s right to bear arms and that’s erroneous,” May told WXII reporter Jermont Terry. “By law, statue 14-288.7 automatically went into effect. And that law which goes into effect when there’s a state of emergency prohibits the transportation, purchase sale and possession of firearms other than on one's own premises.”
The news of the ban created a firestorm of criticism.
“This is absolutely the craziest thing I have ever heard. So far fetched that I am speechless!” one post on WXII12.com read.
“This has to be the most ridiculous event of the century!!!!! This is the ultimate denial of liberties for the most asinine reason...bad weather!!!” another poster wrote.
May said officers did pull people over who were in violation of the curfew driving ban, but no tickets were issued.
King Police Chief Paula May More
“We did find some people on the streets,” May said. “We didn’t take any enforcement actions. We spoke to the people driving and helped them to get to where they needed to be.”
May wouldn’t give details on the types of threats other than to say they had been phoned, faxed and e-mailed.
“We have to take them all serious and we’ll investigate to the best of our ability and determine the source of those threats,” she said.
What was this woman thinking? Where i live, we simply declare a snow emergency and ask people to stay off main roads until they are cleared, not throw people into a panic and declare what amounts to be martial law. You don't throw people into a panic over some snow. This woman has no brains and should be removed. _________________
Joined: Mar 14, 2007 Posts: 2932 Location: Grant Township Mi
Posted: Tue Feb 09, 2010 11:46 am Post subject:
Exactly Reciprocity! These morons are absolutely clueless. We used to get snow days out in Colorado, especially the mountains. There were 2 or 3 times every winter, where the State Police would be waiting at the base of the mountains, and any commercial type vehicle was made to turn around as it just wasn't safe to go up on that day. Even with chains on, you weren't allowed passage. That's all there was to it. If the snow is coming down faster than DOT can keep up with it, then you would be a fool to traverse the roads.
What probably threw them for a loop was the NC DOT probably was not prepared to deal with the ammount.
But that is still no excuse for declaring a State Of Emergency. Officials are too "trigger happy" on pressing the emergency button these days. _________________
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