Gun owners & martial law

[graywolf]

I ran across this news story today. It's nearly a year old, but I wondered if anyone here knows whether any similar legislation has been proposed in Tennessee:

Mississippi Passes Legislation Protecting Gun Owners During Martial Law

Infowars

February 11, 2009

Mississippi lawmakers have passed a bill to protect the state’s residents during martial law. On the Office of the Lieutenant Governor of Mississippi website, Phil Bryant announces the passage of SB 2036. The legislation “restricts the power of a peace officer to confiscate firearms and ammunitions in an emergency or during a time of martial law,” according to the website.

Senator Merle Flowers

It is significant that Lieutenant Governor Bryant mentions the law applies to martial law.

Mississippi senator Merle Flowers authored the bill and referred it to the Judiciary on January 6. It passed the Senate on February 4. According to the Mississippi bill status website, the act amends Section 33-7-303 of Mississippi Code of 1972 and “explicitly restrict the power to confiscate firearms and ammunitions in an emergency.”

Mississippi passes the law reaffirming the Second Amendment at approximately the same time a number of states are introducing and passing resolutions and bills declaring sovereignty from the federal government and buttressing the Tenth Amendment.

eta: I just checked the bill's status (at that link listed) and it says: Died In Committee.

That's sad for Mississippi, but the question remains, anything like that here?

Edited December 7, 2009 by graywolf

[Guest HexHead]

You're a little late. IIRC that passed here a couple of years ago.

[Mike.357]

I believe TN passed a similar two years ago.

[Guest jimdigriz]

I believe TN passed a similar two years ago.

It only protects gun owners when the one who declares the emergency is the TN governor. It does not protect them if the President is the one who declares it.

[graywolf]

Here's what I found out when I did an online search just now:

*HB 1778 by *Casada ( SB 1992 by *Johnson)

Firearms and Ammunition - As enacted, prohibits confiscations of lawfully possessed firearms and ammunition during periods of martial rule; clarifies firearm and ammunition restriction prohibitions during any state of emergency, major disaster, or natural disaster. - Amends TCA Title 58, Chapter 1, Part 1 and Title 58, Chapter 2, Part 1.

Signed into law 5/29/09

(This was probably an amendment to the law y'all are saying passed 2 years ago. I think maybe they altered the definition of what constitutes an emergency.)

Tennessee General Assembly Legislation

[Oh Shoot]

Yeah, not sure the sequence of bills, but the latest one WAS passed just this year.

- OS

[TMMT]

It only protects gun owners when the one who declares the emergency is the TN governor. It does not protect them if the President is the one who declares it.

Homeland Security appropriations bill, H.R. 5441

Signed into law October 4, 2006 by President Bush

President's Statement on H.R. 5441

Summary: (a). The bill applies to all law enforcement, including state and local. (Formally, it applies to federal law enforcement, plus anyone receiving federal funds or assisting federal law enforcement. In a disaster, this means almost everyone.) It bans gun confiscation, gun registration, and restrictions on where a firearm may be possessed; confisction, registration, and restrictions pursuant to existing laws are still allowed. People who are assisting federal disaster relief, and who are allowed to carry firearms under existing law, may not be forbidden to do so.

( When mass transit is being used for evacuation (e.g., busses out of New Orleans), passengers can be required to surrender their firearms for the duration of the trip, and then reclaim the firearms when the trip is over.

© A person victimized by a violation of this law can sue in federal district court; a prevailing plaintiff will be awarded attorney fees.

SEC. 557. 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.

‘‘( 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.

‘‘© 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.’’.

(link)

Oh and just a side note then Senator Obama voted against this bill...

[Guest jimdigriz]

Thanks, that's good to know that there is a Federal bill prohibiting gun confiscation as well. However, the government breaks the law every second of the day, so I don't put it past them to brush this off in an "emergency."

Remember, "no matter how cynical you become, it's never enough to keep up!"

[JayC]

It only protects gun owners when the one who declares the emergency is the TN governor. It does not protect them if the President is the one who declares it.

Well, first there is no process to declare martial law under the federal constitution, only the following line:

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

This is the only part of the Constitution which is allowed to be set aside, and current SCOTUS rulings limit even when it maybe used.

Also, since federal law enforcement receive their law enforcement powers from the state of TN when acting inside the state of TN, they would also likely be limited by this law.

Now the truth is, if the federal government declares martial law, and comes door to do to take firearms, likely no state law or pesky Constitution right will stop them, nor will they likely face any legal or criminal repercussions from their illegal behavior - just look at all the police officers who violated LA state law and the federal Constitution during Katrina, how many were charged? NONE.

[Guest jimdigriz]

Well, first there is no process to declare martial law under the federal constitution, only the following line:

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

This is the only part of the Constitution which is allowed to be set aside, and current SCOTUS rulings limit even when it maybe used.

And remember that President Lincoln suspended Habeus Corpus, even though the Constitution makes it a Congressional prerogative only. And when his action was overturned in court, he ignored the ruling. Surely, an instructive example about the rule of law during emergencies.

[JayC]

And remember that President Lincoln suspended Habeus Corpus, even though the Constitution makes it a Congressional prerogative only. And when his action was overturned in court, he ignored the ruling. Surely, an instructive example about the rule of law during emergencies.

I agree, it makes me sick every time I hear somebody refer to Lincoln as our greatest President, maybe our greatest tyrant. All part of the brainwashing of our youth via government controlled education.

You're right likely the government won't allow the law or the Constitution to stand in their way in an 'emergency' real or not.

[Guest Tenngunner]

I agree, it makes me sick every time I hear somebody refer to Lincoln as our greatest President, maybe our greatest tyrant.

Now, now, fellas-

We all know Mr. 'O' used his (Lincoln's) Bible to be sworn in with, so that alone makes them both "great POTUSs"!

[GKar]

Sen Jackson has introduced in this session a new revision to 58-2-107 (see SB2391 that clarifies that emergency management powers compensating for, comandeering or utilizing private property may NOT be construed as including firearms. This revision also clarifies that similar emergency powers that "Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, or combustibles" likewise may NOT be construed to include firearms or ammunition.

[Chief07]

Homeland Security appropriations bill, H.R. 5441

Signed into law October 4, 2006 by President Bush

President's Statement on H.R. 5441

Oh and just a side note then Senator Obama voted against this bill...

Thanks for the refresher. I remember reading this awhile back.

But I still don't trust this Government. They seem to disreguard

the Constitution and bill of rights at will.

[Tempest455]

Thanks for the refresher. I remember reading this awhile back.

But I still don't trust this Government. They seem to disreguard

the Constitution and bill of rights at will.

Ditto!