State of Emergency Rules on carry?

[Guest canynracer]

next question is...if told, how many LEOS/Guard would ACTUALLY carry out the order, that is obviously against the law?

[strickj]

next question is...if told, how many LEOS/Guard would ACTUALLY carry out the order, that is obviously against the law?

[ame]

[/ame]

[Fallguy]

next question is...if told, how many LEOS/Guard would ACTUALLY carry out the order, that is obviously against the law?

I would not see such an order coming from a state level official, but a Sheriff/Chief of Police or local guard commander, it is very possible. I'm sure any of us that have lived in small towns have seen officials feel they can make their own rules.

So I would say most would carry out the order if given.

But an even better question may be, "How many LEOs/Guard would even know it is against the law?"

...and maybe a better question yet is, "How many of us would comply with an illegal order to surrender our weapons or not carry in public?"

I'm sure the first reaction is to say, "No, I wouldn't comply", but how many would actually be prepared to either be arrested or even possibly have it escalated to a higher level?

Edited October 26, 2008 by Fallguy

[Guest goomba]

that is the jist of it. if our own troopers & NG wont try to take our gun, they will Import cops and NG from up north and from Cali to do it.

[Guest canynracer]

I would not see such an order coming from a state level official, but a Sheriff/Chief of Police or local guard commander, it is very possible. I'm sure any of us that have lived in small towns have seen officials feel they can make their own rules.

So I would say most would carry out the order if given.

But an even better question may be, "How many LEOs/Guard would even know it is against the law?"

...and maybe a better question yet is, "How many of us would comply with an illegal order to surrender our weapons or not carry in public?"

I'm sure the first reaction is to say, "No, I wouldn't comply", but how many would actually be prepared to either be arrested or even possibly have it escalated to a higher level?

I hear ya....and for the sake of my family..I would comply, then sue the crap outta someone...unless of course there was some sort of revolution going on...

[Guest bkelm18]

I hear ya....and for the sake of my family..I would comply, then sue the crap outta someone...unless of course there was some sort of revolution going on...

Well it's gotta start somewhere...

[dralarms]

I hear ya....and for the sake of my family..I would comply, then sue the crap outta someone...unless of course there was some sort of revolution going on...

That in it'self is reason enough for me not to comply, My family would be right there doin what they could to keep the wolves at bay.

[Guest canynracer]

Well it's gotta start somewhere...

HAHAHA...Im down..but I aint leading it!!! I am just a soldier...hahaha

DRALARMS, I hear you, I really do, but I really dont need my 3yr old, or my 7yr old getting shot....In the event of Katrina....I would have evac'd anyway...

now, other forms of "civil unrest" I think I would take more of a stand to defend my property until I could not hold up anymore...but like I said, I have other plans to leave Memphis and hold up at a friends.

[dralarms]

HAHAHA...Im down..but I aint leading it!!! I am just a soldier...hahaha

DRALARMS, I hear you, I really do, but I really dont need my 3yr old, or my 7yr old getting shot....In the event of Katrina....I would have evac'd anyway...

now, other forms of "civil unrest" I think I would take more of a stand to defend my property until I could not hold up anymore...but like I said, I have other plans to leave Memphis and hold up at a friends.

Well that is different, my kids are grown, my 29 year old son lives next door and would be right there to help, my daughter lives less than 20 min away (that's where the grand children are) and I would not want them here if the stinky brown stuff strikes the quickly rotating blades.

[Guest db99wj]

What guns, I don't have no stink'n guns.

Canyn and Dralarms, your avatars are confrusing.

[fizik]

I can honestly say I don't think I'd comply with something like that. In a situation like that, I'd be carrying with or without a permit, and my guns would all be loaded and accessible but maybe with a shirt or something over them. Desperate times, desperate measures.

[Guest canynracer]

What guns, I don't have no stink'n guns.

Canyn and Dralarms, your avatars are confrusing.

All better now...go wipe your nose

[Guest db99wj]

All better now...go wipe your nose

Thanks Homer.

[strickj]

You're not a real man unless you use one of these pics as your avatar

http://www.tngunowners.com/forums/showthread.php?p=177635#post177635

[Fivestring63]

I was at the Jacobs Bldg. gun show this past Saturday and the guy selling the book about the laws of traveling to other states, can't remember the name of it, argued with me that this Bill is not signed .

"Also signed was Senate Bill 1597, introduced by State Senator Mark Norris (R-32), legislation prohibiting any government agency from regulating the lawful sale, possession, transfer, transport, and carry of firearms during a state of emergency, such as occurred following Hurricane Katrina."

I was gonna buy one of those books till he started in on that.

[Fallguy]

I was at the Jacobs Bldg. gun show this past Saturday and the guy selling the book about the laws of traveling to other states, can't remember the name of it, argued with me that this Bill is not signed .

"Also signed was Senate Bill 1597, introduced by State Senator Mark Norris (R-32), legislation prohibiting any government agency from regulating the lawful sale, possession, transfer, transport, and carry of firearms during a state of emergency, such as occurred following Hurricane Katrina."

I was gonna buy one of those books till he started in on that.

Doesn't give you a lot of confidence does it.

But sort of furthers my point...if a person selling a book about carry laws, doesn't even know the law...well.....

[Guest canynracer]

The book is from legally armed right???

[Fivestring63]

The book is from legally armed right???

As a matter of fact it was. I remember seeing the "Legally Armed" bumper stickers. He was also selling the HCP badges. <snicker>

[Guest sling]

Heh heh. I always get a hoot out of that bunch.

Kinda like the guy in the F350 with the big HCP badge on his rear window that was flying down Briley last night.

Didnt someone else see this guy?

[jughead]

my understanding is if the gov. doesnt sign or veto it becomes law anyway

[Fallguy]

my understanding is if the gov. doesnt sign or veto it becomes law anyway

That is true.

But it was signed by the Governor. See here

[Fivestring63]

my understanding is if the gov. doesnt sign or veto it becomes law anyway

Here's what I found on it. A unanimous vote and signed by the Gov.

Actions Taken on SB1597

Pub. Ch. 1295/23/2007Effective date(s) 05/10/075/23/2007Signed by Governor.5/10/2007Transmitted to Gov. for action.5/2/2007Signed by H. Speaker5/1/2007Signed by S. Speaker5/1/2007Enrolled and ready for signatures5/1/2007Passed H., Ayes 93, Nays 04/30/2007Am. no. 1 withdrawn.4/30/2007Subst. for comp. HB.4/30/2007Rcvd. from S., held on H. desk.3/29/2007Passed S. as am., Ayes 32, Nays 03/28/2007

[John Wall]

One should get familiar with TCA Title 38, Chapter 9, considering Civil Emergencies.

At the worst, one would need written permission to be lawfully "on the street or in public places during a civil emergency".

On duty medical personnel would be exempt from curfew. Curfew may be during "hours of the day or night the chief administrative officer of a municipality deems necessary in the interest of the public safety and welfare".

Also, the chief administrative officer may "Issue such other orders as are necessary for the protection of life and property." This COULD include restrictions on possession of firearms while on the street or in public places during a civil emergency.

"Municipalities may provide by ordinance that any person violating the provisions of orders issued by the chief administrative officer pursuant to this authorization during a proclaimed civil emergency commits a Class C misdemeanor."

Do not shoot the messenger, and prepare for what may happen if things go south for a day or so after the election. Staying home may be the best policy.

I understand many of us may not have that option. Realize a Civil Emergency may already be in effect by the time it is announced by the media.

Several things could cause this. Not just disgruntled voters, but

(2) “Civil emergency†means:

(A) A riot or unlawful assembly characterized by the use of actual force or violence or a threat to use force, if accompanied by the immediate power to execute, by three (3) or more persons acting together without authority of law;

( Any natural disaster or man-made calamity, including, but not limited to, flood, conflagration, cyclone, tornado, earthquake or explosion within the geographic limits of a municipality resulting in the death or injury of persons, or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare; and

© The destruction of property, or the death or injury of persons brought about by the deliberate acts of one (1) or more persons acting either alone or in concert with others, when such acts are a threat to the peace of the general public or any segment of the general public;

(3) “Curfew†means a prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the municipality, except persons officially designated to duty with reference to the civil emergency, or those lawfully on the streets as defined in this chapter; and

(4) “Substitute officer†means an official who shall act in the absence or inability to act of the chief administrative officer as provided in this chapter. Each municipality shall by ordinance designate a “substitute officer†for the purpose of this chapter.

Careful reading of this Act will tell you that a state of Civil Emergency can be proclaimed "at the drop of a hat".

Title 58 is concerning Military affairs and Emergencies, and is proclaimed by the Governor or his designee. This act allows more draconian rules,

(1) Suspend the provisions of any law, order, rule or regulation prescribing the procedures for conduct of state business or the orders or rules or regulations of any state agency, if strict compliance with the provisions of any such law, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency;

Also, private property may be seized.

(4) Subject to any applicable requirements for compensation, commandeer or utilize any private property if the governor finds this necessary to cope with the emergency;

Be Aware, Be Prepared.

[Fallguy]

Yes during a declared emergency many restrictions may be placed upon the public but, 58-2-107(m) specifically addresses the possession, transfer, sale, transport, carrying, storage, display or use of firearms during a civil emergency, major disaster or natural disaster.

[Guest tedbo]

That law will allow them to "borrow" your guns and ammo,jeep,truck,generators and,might I add,your food for the betterment of the whole.