It's that time again, with states of emergency being declared across the east coast on sunny days to get the money flowing faster. They're also asking for federal states of emergency to be declared, but as we all know, we've already been under a state of emergency since 1995.(see: http://thewolfweb.com/message_topic.aspx?topic=601955)

So I thought it'd be fun to discuss the rights we won't have for the next 10 days if things go worst case scenario. Any insight would be appreciated. Are police allowed to go hardcore and shoot on sight if curfews and mandatory evacuation orders aren't followed? They certainly did during Katrina. Do normal search and seizure rules apply? Is it constitutionally legal to ban carrying firearms(which is currently the case east of I95)? For that matter are mandatory evacuations even legal?

Enlighten me.

8/25/2011 1:18:43 PM

gee i dono

8/25/2011 1:21:50 PM

Quote :

"§ 14 288.7. Transporting dangerous weapon or substance during emergency; possessing off premises; exceptions. (a) Except as otherwise provided in this section, it is unlawful for any person to transport or possess off his own premises any dangerous weapon or substance in any area: (1) In which a declared state of emergency exists; or (2) Within the immediate vicinity of which a riot is occurring."

This applies to concealed carry as well. Bans guns when you need them most. If you've been ordered to evacuate your right to gun ownership disappears. I know there was a lawsuit about this statute last year, but I don't know the outcome.

8/25/2011 1:25:17 PM

Hey, I agree with smc for once!

8/25/2011 1:28:45 PM

It makes perfect sense that when the government claims an emergency, such as a gigantic political revolution, they should be able to take away our rights.

[Edited on August 25, 2011 at 1:51 PM. Reason : ]

8/25/2011 1:36:42 PM

^Why do you hate America? You should be on an FBI watchlist. And as soon as this thread is indexed by Google in a few hours, you will be.

8/25/2011 1:42:46 PM

TODAY WE ARE ALL ON THE FBI WATCHLIST.

8/25/2011 1:51:57 PM

America, land of the free!*

*Except when big brother doesn't want you to be free

8/25/2011 1:56:57 PM

You guys are paranoid and delusional.

8/25/2011 2:01:24 PM

Any concrete predictions? It'd be nice to have some actual metrics to go along with this crowing so that, God forbid, you actually be held accountable for this alarmism.

8/25/2011 2:19:04 PM

The government now has the right to chemtrail your house.

8/25/2011 3:12:39 PM

Quote :

"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. 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."

http://en.wikipedia.org/wiki/Criticism_of_government_response_to_Hurricane_Katrina#Confiscation_of_firearms

8/25/2011 3:46:54 PM

smc pwnt, stay home

Man, good thing we have a federal government.

[Edited on August 25, 2011 at 3:54 PM. Reason : .]

8/25/2011 3:53:42 PM

The Louisiana law would have allowed confiscation from your home. The North Carolina law only applies in public, where it is illegal to posses a firearm during a state of emergency(now). To my knowledge this N.C. law is still in effect(as evidenced by a lawsuit trying to challenge it in June 2010).

^The feds also desegregated schools...in 1954. Or not.

[Edited on August 25, 2011 at 4:49 PM. Reason : .]

8/25/2011 4:46:32 PM

Quote :

"^The feds also desegregated schools...in 1954. Or not."

It's not a perfect system. States do stupid shit all the time.

8/25/2011 4:53:42 PM

You blame the states. I say the federal government is slow and ineffectual as an agent to protect liberties.

8/25/2011 5:01:09 PM

Quote :

"The Louisiana law would have allowed confiscation from your home. The North Carolina law only applies in public, where it is illegal to posses a firearm during a state of emergency(now). To my knowledge this N.C. law is still in effect(as evidenced by a lawsuit trying to challenge it in June 2010)."

Quote :

"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.""

Whether you agree or not, it's generally accepted that Federal law supersedes any of those local laws.

So, it looks like your civil liberties, on paper, are ok.

8/25/2011 5:11:15 PM

Here is an example where the firearms ban was enforced by police during a snow emergency just last year. WHERE IS YOUR FEDERAL GOVERNMENT NOW?

http://www.wnd.com/index.php?fa=PAGE.view&pageId=125245

It appears the lawsuit, Bateman v. Perdue, was delayed until January this year and probably dismissed.

[Edited on August 25, 2011 at 5:39 PM. Reason : .]

8/25/2011 5:30:41 PM

8/25/2011 5:39:08 PM

Was the law actually enforced? Was anyone fined or arrested? The webpage you referenced doesn't mention it. Is that also why the case was tossed?

8/25/2011 7:09:14 PM