OC/CC during a State of Emergency

[jcabin]

(Ref: 18Pa.C.S.§6107)

In reality, what do you folks think is likely to happen if there was a real state wide "state of emergency"? Is LE and the .mil going to recognize the law or are they going to go door to door Katrina Style?

This depends on area to area. I'm assuming anyone in philly caught OC'ing would be locked up immeditately. Here in more rural area's we would probably do okay with retaining our weapons.

[HiredGoon]

Good thing there's not an "illegal database" of gun owners, huh?

[son of the revolution]

(Ref: 18Pa.C.S.§6107)

In reality, what do you folks think is likely to happen if there was a real state wide "state of emergency"? Is LE and the .mil going to recognize the law or are they going to go door to door Katrina Style?

This depends on area to area. I'm assuming anyone in philly caught OC'ing would be locked up immeditately. Here in more rural area's we would probably do okay with retaining our weapons.

They better not try a Post Katrina confiscation , since they would be violating Federal Law by doing so ! The outrage over what happened in New Orleans prompted Bush to sign into law back in 2007 the Disaster Recovery Personal Protection Act that specifically forbids Govt officials from confiscating firearms from law abiding citizens during a State of Emergency.



Print it out and keep a copy if your concerned.

[Nic]

(Ref: 18Pa.C.S.§6107)

In reality, what do you folks think is likely to happen if there was a real state wide "state of emergency"? Is LE and the .mil going to recognize the law or are they going to go door to door Katrina Style?

This depends on area to area. I'm assuming anyone in philly caught OC'ing would be locked up immeditately. Here in more rural area's we would probably do okay with retaining our weapons.

I don't think it would go as far as door to door, but given that many LE don't know/recognize/understand the letter of the law (or updated laws), I think OC'ing will equal confiscation.

[Dannytheman]

You don't keep ALL your weapons in the same place, do you???

Shame, shame!!!

[4XLT]

weapons ? what weapons ??

[falcn]

Found in Public Law 109-295

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.
‘‘(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.’’.

[jahwarrior72]

I don't think it would go as far as door to door, but given that many LE don't know/recognize/understand the letter of the law (or updated laws), I think OC'ing will equal confiscation.

i'd like to see them try. i don't know, maybe it's me, but i keep seeing these funny blue helmets on people, for no reason....

[JCWohlschlag]

(Ref: 18Pa.C.S.§6107)

In reality, what do you folks think is likely to happen if there was a real state wide "state of emergency"? Is LE and the .mil going to recognize the law or are they going to go door to door Katrina Style?

The very same statute prevents such an action.

18 Pa.C.S. § 6107

Title 18 Pa.C.S. Crimes and Offenses

Part II. Definition of Specific Offenses

Article G. Miscellaneous Offenses

Chapter 61. Firearms and Other Dangerous Articles

Subchapter A. Uniform Firearms Act

§ 6107. Prohibited conduct during emergency

(a) General rule.--No person shall carry a firearm upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:

(1) Actively engaged in a defense of that person’s life or property from peril or threat.

(2) Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).

(b) Seizure, taking and confiscation.--Except as otherwise provided under subsection (a) and notwithstanding the provisions of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any other provision of law to the contrary, no firearm, accessory or ammunition may be seized, taken or confiscated during an emergency unless the seizure, taking or confiscation would be authorized absent the emergency.

(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

“Accessory.” Any scope, sight, bipod, sling, light, magazine, clip or other related item that is attached to or necessary for the operation of a firearm.

“Firearm.” The term includes any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any weapon.

Check Purdon’s for this current version of the statute, as the one in the PAFOA reference library is still out of date.

Realistically, I think there is a much smaller chance of it happening again due to the outrage over the Katrina actions. They know it is wrong to do so; they know there has been both federal law and state law passed to prevent future recurrences; they know their asses will be held to the fire if it ever happens again, and the consequences will be much, much greater.

[cigarmanpa]

They better not try a Post Katrina confiscation , since they would be violating Federal Law by doing so ! The outrage over what happened in New Orleans prompted Bush to sign into law back in 2007 the Disaster Recovery Personal Protection Act that specifically forbids Govt officials from confiscating firearms from law abiding citizens during a State of Emergency.



Print it out and keep a copy if your concerned.

i'm sure that they will really give a shit what the law is