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  #76  
Old 03-31-2014, 09:15 PM
NonHyphenAmerican NonHyphenAmerican is offline
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Quote:
Originally Posted by CavCop View Post
Anyone out on the streets can be subject to trespassing/looting laws. Firearms are fine on your own property, but off your property and a decleration is issued, you will have them taken. You can have them taken as safe property, have them taken as a trespasser in possession of a firearm, or shot as a looter based on how you are acting.

.
Keep in mind, I'm asking for a clarification of what you stated.
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  #77  
Old 03-31-2014, 10:07 PM
flyinrock flyinrock is offline
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I can't help but recall all the disaster places I've flown in as a helicopter pilot around the world. What some of us think as a disaster is everyday life for millions. To go help in a disaster in those areas really makes me thankful for what we have in the USA. It also makes me angry at those who feel entitled simply because they are there? aka NOLA? That really disgusted me after Katrina.
My "Go Bag" has a supply of antibiotics and ointments for me and my team, a Steri-Pen for water with extra batteries, extra glasses in case of loss or breakage, any prescription meds necessary for the duration, and whatever special equipment for the area and season. Not as involved anymore flying out to remote places but still live in one and we are ready for nearly any eventuality. That and great neighbors who are of the same mindset.
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  #78  
Old 04-01-2014, 06:15 AM
CavCop CavCop is offline
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Originally Posted by NonHyphenAmerican View Post
Keep in mind, I'm asking for a clarification of what you stated.
When the Governer issues an evacuation order, he is telling people to leave for their safety. They may bring all the guns they want with them.

But they can not be forced to leave, so some may stay. If you stay and dont leave the area that is deemed a disaster/martial law area, you only have rights to your own property. You can have guns on your own property.

If you take your guns off your property to do a patrol, check on stores, etc... you will be stopped and weapons can be taken. This is a good thing vs how Katrina was done. In Texas most people left. The First Responders insured minimal looting and supplies taken where needed, so when the people returned home the only damage was nature and not looters and there was no reason to loot. Katrina had shootings in the street, gang fights, first reponders being shot at, and they went door to door taking guns. Texas just puts an area off limits and if you go out in public armed looking for trouble, you might find it. Most of the dealings were LA transplants.

There is ryme behind the reason.

The sad part was what the "refugees" did to Houston and the surrounding area for crime stats and problems.
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  #79  
Old 04-01-2014, 10:47 AM
DivePanama DivePanama is offline
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Quote:
Originally Posted by CavCop View Post
Like most posts this might be hard to explain to you.
As usual, you show your azz when asked a question

Quote:
First, what makes you think people can legaly open carry a long gun in public durring a disaster, when orders to evacuate are given and laws are changed via a decleration?
First off, we in West Virginia CAN carry, OC or CC during times of disaster. With that said, I'm asking YOU by what statute in Texas are YOU, as a LEO, authorized to arrest someone just for openly carrying a long gun in Texas, disaster or not.

Quote:
I will lay it out. If you dont get it, look it up on your own, or ignore it.
Please continue showing your misplaced arrogance, it is actually humorous at this point

Quote:
Texas has an Emergency Management Plan, as do all states I would hope. The Governer and Office of the Attorney General OAG have put presidence on things when Natrual Disasters, Martial Law, etc... come into play. But even a local Judge or Mayor may make a Disaster Decleration for their area. Each situation can be custom taylored, but things like cerfews and off limit areas come to play. It is not just another day. When a Governer states people are to evacuate, he cant force them to leave, but its notice that you are on your own and the state wont send you help.
Again, by what statute in Texas state law are you authorized to confiscate someone who is only openly carrying a long arm?

Quote:
Major disaster stage one puts First Responders on the ground. In Texas we focus on two things, protection of people and property. Now if told to evacuate, then property is the main issue.
Statute please.

Quote:
You can not legaly just enter and area assigned as a disaster area if told to evac. You must wait till First Responders are done. You would be trespassing on any land not your own in that area, any land, even what you might have called public land the day prior. So only First Responders have legal access, untill that stage is done. The next stage is letting property owners back to their own property, there can still be cerfews and other things imposed and upheld by courts of law. Then in the end the general public can come in.
So far, we have you word. By what statute is this authority vested from?

Quote:
Anyone out on the streets can be subject to trespassing/looting laws. Firearms are fine on your own property, but off your property and a decleration is issued, you will have them taken. You can have them taken as safe property, have them taken as a trespasser in possession of a firearm, or shot as a looter based on how you are acting.
So simply being on the streets makes one a looter? Statute please?

Concerning firearms only being on one's own property, statute please?

Quote:
Texas is not LA N.O., most Texans support the way our state deals with things. Beumont PD took in a fair number of guns as did a few other places. We even have laws that only cover disasters/martial law. Felony crimes, and property crimes can be met with dealy force, and cerfews are cause to arrest.
Nobody asked you what Texans supported. With that said, without independent and verifiable data, you statement here is only your opinion, not fact.

Quote:
LA N.O. might have been a war zone, Texas is more a hunting zone. Nothing made me shake my head then asking a criminal what they were thinking and they say "that aint how it is in New Orleans".
Again, not relevant to the original question I asked.

So again I ask, is open carry of a long arm legal or not in Texas? Second, by what statutory authority do you as a LEO have to confiscate said openly carried long arms, whether during times of emergency or otherwise?

Don't need attitude, just asking for actual statutory law citation.
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Last edited by DivePanama; 04-01-2014 at 10:51 AM.
  #80  
Old 04-01-2014, 10:48 AM
DivePanama DivePanama is offline
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Quote:
Originally Posted by NonHyphenAmerican View Post
Keep in mind, I'm asking for a clarification of what you stated.
Ask for the actual Texas statutes. Clarification means squat if it is opinion without the backing of law.
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  #81  
Old 04-01-2014, 11:01 AM
DivePanama DivePanama is offline
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BTW Cav, I did find this concerning Texas:
http://www.handgunlaw.us/states/texas.pdf

Quote:
State Emergency Powers
Sec. 433.0045. Firearms. (a) A directive issued under this chapter may not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition. (b) A peace officer who is acting in the lawful execution of the officer's official duties during a state of emergency may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual.
(c) The peace officer shall return a firearm and any ammunition to an individual disarmed under Subsection (b) before ceasing to detain the individual unless the officer:
(1) arrests the individual for engaging in criminal activity; or (2) seizes the firearm as evidence in a criminal investigation. Added by Acts 2007, 80th Leg., R.S., Ch. 18, Sec. 4, eff. April 27, 2007.
So from what I gather, in general, as long as a individual is carrying legally, they can only be disarmed temporarily and the arms must be returned immediately unless said individual is arrested for committing some other crime.

Not quite the carte blanche you inferred to Cav. Nothing about "on their own property", etc... from what I see here.

With that said, I would still like to see the actual citations that would support your postings.

Have a nice day
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  #82  
Old 04-01-2014, 12:55 PM
CavCop CavCop is offline
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Quote:
Originally Posted by DivePanama View Post
As usual, you show your azz when asked a question



First off, we in West Virginia CAN carry, OC or CC during times of disaster. With that said, I'm asking YOU by what statute in Texas are YOU, as a LEO, authorized to arrest someone just for openly carrying a long gun in Texas, disaster or not.



Please continue showing your misplaced arrogance, it is actually humorous at this point



Again, by what statute in Texas state law are you authorized to confiscate someone who is only openly carrying a long arm?



Statute please.



So far, we have you word. By what statute is this authority vested from?



So simply being on the streets makes one a looter? Statute please?

Concerning firearms only being on one's own property, statute please?



Nobody asked you what Texans supported. With that said, without independent and verifiable data, you statement here is only your opinion, not fact.



Again, not relevant to the original question I asked.

So again I ask, is open carry of a long arm legal or not in Texas? Second, by what statutory authority do you as a LEO have to confiscate said openly carried long arms, whether during times of emergency or otherwise?

Don't need attitude, just asking for actual statutory law citation.
There are about 15 thing that when added together would give you the info you want.

You served in the Military right? Do you under stand ROE and how it works? You get that the ROE is never the same and it is based on situations. If a road block is put up, and you bypass it trying to get home, that is an arrest under Texas law.

Look up Penal code 30.05 and read all of it. Pay attention to the (a) (1) and (a) (2).
Look up Transportation codes Sec 472.012, 472.022.
Look up powers of the Governer and Office of the Attorney General
NIMS response to disasters

You want clear cut laws for disasters and moments of unrest. Show me the law that says a cerfew can be ordered.

I explained above how it works prior, I posted above some reading. I could show you a number of books from Federal and State level that give options on what to do. They are not laws. If the Governor says the Capital is off limits and has DPS and ational Guard surrounding it, and your kid sneaks in and gets shot and killed, you would want a statute that covers that. It would be part of the Disaster Decleration on what property will be defended. And while you wont find a statute that I know of, set area's are guarded with deadly force and the warining was the fence or armed patrols.

Disasters, Riots, Looters, Martial Law, it all comes down to fixing the problem.

I explained the 3 major stages and 1st is for First Responders. Its a few hundred page read, but with Google you might find some cliff note on Texas plans (they are all flexable for the situation and approved by the OAG). But hey, next time there is a major incident, feel free to go all CJ Grisham and open carry a long gun on the streets. Dont let that officer disarm you with giving you a statute, usless he is prying that long gun from your hands.
  #83  
Old 04-01-2014, 01:27 PM
Remmy700P Remmy700P is offline
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Military Rules of Engagement have ZERO to do with civilian laws, municipal/state law enforcement authorities, etc.
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  #84  
Old 04-01-2014, 01:40 PM
DivePanama DivePanama is offline
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Quote:
Originally Posted by CavCop View Post
There are about 15 thing that when added together would give you the info you want.

You served in the Military right? Do you under stand ROE and how it works? You get that the ROE is never the same and it is based on situations. If a road block is put up, and you bypass it trying to get home, that is an arrest under Texas law.

Look up Penal code 30.05 and read all of it. Pay attention to the (a) (1) and (a) (2).
Look up Transportation codes Sec 472.012, 472.022.
Look up powers of the Governer and Office of the Attorney General
NIMS response to disasters

You want clear cut laws for disasters and moments of unrest. Show me the law that says a cerfew can be ordered.

I explained above how it works prior, I posted above some reading. I could show you a number of books from Federal and State level that give options on what to do. They are not laws. If the Governor says the Capital is off limits and has DPS and ational Guard surrounding it, and your kid sneaks in and gets shot and killed, you would want a statute that covers that. It would be part of the Disaster Decleration on what property will be defended. And while you wont find a statute that I know of, set area's are guarded with deadly force and the warining was the fence or armed patrols.

Disasters, Riots, Looters, Martial Law, it all comes down to fixing the problem.

I explained the 3 major stages and 1st is for First Responders. Its a few hundred page read, but with Google you might find some cliff note on Texas plans (they are all flexable for the situation and approved by the OAG). But hey, next time there is a major incident, feel free to go all CJ Grisham and open carry a long gun on the streets. Dont let that officer disarm you with giving you a statute, usless he is prying that long gun from your hands.
Again Cav, I asked for the statute that authorizes you to confiscate long arms being legally carried during a time of emergency, and you give me the statute covering burglary and criminal trespass?????

So now the question here is how is burglary and criminal trespass applicable to the single act of legally open carrying a long arm during a time of emergency???

Concerning sec 472.222, that concerning warning signs, barricades, etc... That deals with OC of long arms how???? You do realize this is a "transportation" statute

Concerning section 472.012, here is the synopsis from your state's website:
http://www.texas-statute-info.com/ge...tatute_id=3377
Quote:
Transportation code, Sec. 472.012. : Department authority generally.

(a) The department may remove personal property from the right-of-way or roadway of the state highway system if the department determines the property blocks the roadway or endangers public safety.(b) The department may remove the personal property without the consent of the owner or carrier of the property. Acts: 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
So the question still remains, by what statute do you as a LEO have the authority to disarm someone who is simply legally OCing a long arm in Texas during a time of emergency. Notice that little stickler I keep using called "legally." In other words, the individual is breaking no laws.

BTW Cav, "ROE's" do not trump statutory law, so lets not even play the whole psuedo-warrior nonsense when we are talking about civil and criminal statutes that apply to citizens and civilian law enforcement alike.

Have a nice day
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  #85  
Old 04-01-2014, 01:41 PM
DivePanama DivePanama is offline
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Originally Posted by Remmy700P View Post
Military Rules of Engagement have ZERO to do with civilian laws, municipal/state law enforcement authorities, etc.
Exactly brother. Something that seems to be lost on Cav.
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  #86  
Old 04-01-2014, 02:09 PM
CavCop CavCop is offline
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Originally Posted by Remmy700P View Post
Military Rules of Engagement have ZERO to do with civilian laws, municipal/state law enforcement authorities, etc.
The ROE is rules set up for a set mission. They are custom tuned to what the needs are.

When a disater hits, set things are done and orders are issued. It is custom to the needs. You have a single set of laws/statutes that take effect 100% of the time every time a disaster hits.

The rules for area's like Houston were different than for Kuntz. The Floods in eastland had set rules. Each incident will have guidance. Set officals hold the power to issue the rules of the game when its game time.

Have you delt with disasters, other than watching them t.v.? Have been to the FEMA and NIMS training? Local training? Drills? Plans?

There are people here that have worked disaster areas. Ask them if their was a curfew, and then have them site the statute.
  #87  
Old 04-01-2014, 02:16 PM
CavCop CavCop is offline
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Originally Posted by DivePanama View Post
Again Cav, I asked for the statute that authorizes you to confiscate long arms being legally carried during a time of emergency, and you give me the statute covering burglary and criminal trespass?????

So now the question here is how is burglary and criminal trespass applicable to the single act of legally open carrying a long arm during a time of emergency???

Concerning sec 472.222, that concerning warning signs, barricades, etc... That deals with OC of long arms how???? You do realize this is a "transportation" statute

Concerning section 472.012, here is the synopsis from your state's website:
http://www.texas-statute-info.com/ge...tatute_id=3377


So the question still remains, by what statute do you as a LEO have the authority to disarm someone who is simply legally OCing a long arm in Texas during a time of emergency. Notice that little stickler I keep using called "legally." In other words, the individual is breaking no laws.

BTW Cav, "ROE's" do not trump statutory law, so lets not even play the whole psuedo-warrior nonsense when we are talking about civil and criminal statutes that apply to citizens and civilian law enforcement alike.

Have a nice day
Your so hell bent on a statute. Maybe another here can inform you. Or maybe you think it did not happen or does not happen. I cant give you a statute to cerfews either.

Did you read the 30.05? Post how it starts, as my phone no workie that good to cut and past. How do you think they seal a disaster area, that might be the barricade issue as it marks the area. Transporation code covers movement and can cover entering an "off limit" area. Maybe others from Texas can tell you about arrests for going around barricades that are posted.

Last edited by CavCop; 04-01-2014 at 02:21 PM.
  #88  
Old 04-01-2014, 02:26 PM
CavCop CavCop is offline
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Originally Posted by DivePanama View Post
Exactly brother. Something that seems to be lost on Cav.
Or some people are so anti police/establishment they cant see how set situations set set rules made for them. How fllod might be different than a tornado, or looters might come into play, or a big city vs small town.

Go ahead and use better terms, as I know both you get what I am saying, you just dont like the over military/gov overtone, as thats why I use it.
  #89  
Old 04-01-2014, 02:55 PM
DivePanama DivePanama is offline
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Quote:
Originally Posted by CavCop View Post
The ROE is rules set up for a set mission. They are custom tuned to what the needs are.

When a disater hits, set things are done and orders are issued. It is custom to the needs. You have a single set of laws/statutes that take effect 100% of the time every time a disaster hits.

The rules for area's like Houston were different than for Kuntz. The Floods in eastland had set rules. Each incident will have guidance. Set officals hold the power to issue the rules of the game when its game time.

Have you delt with disasters, other than watching them t.v.? Have been to the FEMA and NIMS training? Local training? Drills? Plans?

There are people here that have worked disaster areas. Ask them if their was a curfew, and then have them site the statute.
When you can show that civil liberties are suspended during times of emergency through proper legislative actions and statutes, then I'll be impressed
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  #90  
Old 04-01-2014, 02:59 PM
DivePanama DivePanama is offline
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Originally Posted by CavCop View Post
Your so hell bent on a statute. Maybe another here can inform you. Or maybe you think it did not happen or does not happen. I cant give you a statute to cerfews either.

Did you read the 30.05? Post how it starts, as my phone no workie that good to cut and past. How do you think they seal a disaster area, that might be the barricade issue as it marks the area. Transporation code covers movement and can cover entering an "off limit" area. Maybe others from Texas can tell you about arrests for going around barricades that are posted.
Yes I am "hell bent" on statute. Why, because the rule of law is the basis of our form of government. Not "ROE's" and not your opinion.

BTW, no where in the statutes you tried to blow smoke with does it justify or authorize LEO's disarming citizens who are legally carrying and not in the commission of a crime.

So again, what Texas statute authorizes you to arbitrarily disarm your fellow citizens who are lawfully and legally carrying?
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  #91  
Old 04-01-2014, 03:03 PM
DivePanama DivePanama is offline
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Originally Posted by CavCop View Post
Or some people are so anti police/establishment they cant see how set situations set set rules made for them. How fllod might be different than a tornado, or looters might come into play, or a big city vs small town.

Go ahead and use better terms, as I know both you get what I am saying, you just dont like the over military/gov overtone, as thats why I use it.
Exactly how is it "anti-police" to ask a LEO here, who made the statements you have made, to provide the actual Texas statutes that authorize you to arbitrarily disarm your fellow Texans who are legally and lawfully carrying, even during times of "emergency"?

The fact that you have not provided said statutes and now must resort to your version of the "race" card by accusing me of being anti-aw enforcement only demonstrates that you do not have the "proverbial" leg to stand on in this conversation

Have a nice day
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  #92  
Old 04-01-2014, 03:11 PM
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Then look up the history of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 pre 2007. If you dont find your answers there maybe start a new thread with your question and it can be answered, vs the derailment of what was a good thread till you changed the subject.

Just like with CJ Grisham, many said it was not legal, yet courts up held it. When business oweners and home owners are gone, can police detain and arrest people they find on that property? Or can anyone hang out anywhere they want? Now add a gun to it and it falls under trespassing and it falls under trespassing with a gun.

I understand you dont like the idea or thought of it. Some things have changed like the 2007 statute you posted to limit the taking of guns if not arrested. But keep in mind, in Texas only speeding and open container are non arrestable charges, walking on the wrong side of the roadway, not using a sidewalk where provided, not signaling with in 100 feet of a turn, all can be arrests. Then you have city ords that odds say you wont know, but the locals will and even that can equal arrest.

Look at Katrina and what a joke it was. If you went out on the streets armed, you would be lucky to be alive and a thug would have taken your gun. But in Katrina thy went door to door in places. In Texas we just care about the public. Its a simple thing, it works. You just have never seen it in action. We have people here that have dealt with this stuff. As pro gun as they might be, they will say Katrina took away laws for everyone, and would have rather seen a larger police and military show of force as billions in property could have been saved.
  #93  
Old 04-01-2014, 03:26 PM
DT Guy DT Guy is offline
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Originally Posted by CavCop View Post
In Texas we just care about the public. Its a simple thing, it works.
This smacks of 'trust us, it's for your own good', to be honest.

It's fair to ask for the legal derivation of a police officer's power; as it was explained to me in training, "Everything we do derives from that book (ILCS 720, in this case) making it illegal. We have no authority beyond it or beside it, and we don't get to rewrite it; we just enforce it."

So if you're empowered to perform an action, it must (by definition) be authorized by a law, act, ordinance or similar; asking to see it is not being 'anti' anything, it's good citizenship.

Larry
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  #94  
Old 04-01-2014, 03:26 PM
DivePanama DivePanama is offline
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Originally Posted by CavCop View Post
Then look up the history of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 pre 2007. If you dont find your answers there maybe start a new thread with your question and it can be answered, vs the derailment of what was a good thread till you changed the subject.

Just like with CJ Grisham, many said it was not legal, yet courts up held it. When business oweners and home owners are gone, can police detain and arrest people they find on that property? Or can anyone hang out anywhere they want? Now add a gun to it and it falls under trespassing and it falls under trespassing with a gun.

I understand you dont like the idea or thought of it. Some things have changed like the 2007 statute you posted to limit the taking of guns if not arrested. But keep in mind, in Texas only speeding and open container are non arrestable charges, walking on the wrong side of the roadway, not using a sidewalk where provided, not signaling with in 100 feet of a turn, all can be arrests. Then you have city ords that odds say you wont know, but the locals will and even that can equal arrest.

Look at Katrina and what a joke it was. If you went out on the streets armed, you would be lucky to be alive and a thug would have taken your gun. But in Katrina thy went door to door in places. In Texas we just care about the public. Its a simple thing, it works. You just have never seen it in action. We have people here that have dealt with this stuff. As pro gun as they might be, they will say Katrina took away laws for everyone, and would have rather seen a larger police and military show of force as billions in property could have been saved.
Again Cav, I'm asking for the current statute that authorizes you to disarm citizens lawfully carrying during a time of emergency?

Even the act you just posted does not support your position:
http://www.fema.gov/media-library-da...42213_508e.pdf
Quote:
Sec. 706. Firearms Policies (42 U.S.C. 5207)
(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 -
43. This section was enacted as part of the Disaster Mitigation Act of 2000. 44. “This Act” refers to the Disaster Mitigation Act of 2000, Pub. L. No. 106-390.

STAFFORD ACT > TITLE VII > §§ 705-706
STAFFORD ACT > TITLE VII > § 706
(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.
So Cav, what Texas statute (citation please) authorizes you to disarm and confiscate from your fellow Texan a legally carried long arm during times of emergency?

Have a nice day
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  #95  
Old 04-01-2014, 03:53 PM
CavCop CavCop is offline
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Quote:
Originally Posted by DivePanama View Post
Again Cav, I'm asking for the current statute that authorizes you to disarm citizens lawfully carrying during a time of emergency?

Even the act you just posted does not support your position:
http://www.fema.gov/media-library-da...42213_508e.pdf


So Cav, what Texas statute (citation please) authorizes you to disarm and confiscate from your fellow Texan a legally carried long arm during times of emergency?

Have a nice day

As Amended 2013 intresting...

How did it change...

https://www.govtrack.us/congress/bills/109/hr5013/text
  #96  
Old 04-01-2014, 04:03 PM
CavCop CavCop is offline
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Quote:
Originally Posted by DivePanama View Post
Isn't open carry of a long gun legal in Texas?

If it is, then by what statute do LEO's have the authority to confiscate citizens long gun if they are not using them illegally?
Due to lawful arrest, as you can have contranban in jail.
  #97  
Old 04-01-2014, 05:56 PM
NonHyphenAmerican NonHyphenAmerican is offline
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So quoting from the site referenced by CavCop,

(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.

`(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.

Then how does it follow that Texas can, according to the earlier comments by CavCop take the actions he states they can take?
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  #98  
Old 04-01-2014, 06:47 PM
DivePanama DivePanama is offline
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Quote:
Originally Posted by CavCop View Post
Due to lawful arrest, as you can have contranban in jail.
Lawful arrest for what????? Carrying a long gun legally?????

I keep asking you Cavcop for the Texas statute that authorizes you or any other Texas LEO or other agents to be able to arrest someone simply for carrying a long gun lawfully during times of declared emergency.

No one here has said you cannot arrest someone for commission of a crime.

However, you have not yet produced a statute that prohibits the lawful carry of a long arm during times of declared emergency (which, btw, would be unlawful to begin with since the feds under the FEMA have already said is a no-no ) . Again, the term is LAWFUL.

Since we know that the action of OCing of long arms in Texas unto itself is lawful, https://www.texaslawshield.com/portal/texas-gun-law/ ,and the very federal statute you referenced (FEMA) codifies that unless prohibit by law citizens cannot be deprived of their firearms during times of emergency unless being arrested as part of a criminal investigation (which OC is not), then it would appear you clearly do not understand the very laws you are sworn to protect

Have a nice evening Cavcop, you have answered my questions after all
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Last edited by DivePanama; 04-01-2014 at 06:52 PM.
  #99  
Old 04-01-2014, 07:34 PM
CavCop CavCop is offline
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Quote:
Originally Posted by NonHyphenAmerican View Post
So quoting from the site referenced by CavCop,

Then how does it follow that Texas can, according to the earlier comments by CavCop take the actions he states they can take?
What year was Katrina and Rita?

The main issue with Katrina was the taking of weapons from the home. That did not happen in Texas.

The originl question was based on Rita.
  #100  
Old 04-01-2014, 07:46 PM
CavCop CavCop is offline
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Quote:
Originally Posted by DivePanama View Post
Lawful arrest for what????? Carrying a long gun legally?????

I keep asking you Cavcop for the Texas statute that authorizes you or any other Texas LEO or other agents to be able to arrest someone simply for carrying a long gun lawfully during times of declared emergency.

No one here has said you cannot arrest someone for commission of a crime.

However, you have not yet produced a statute that prohibits the lawful carry of a long arm during times of declared emergency (which, btw, would be unlawful to begin with since the feds under the FEMA have already said is a no-no ) . Again, the term is LAWFUL.

Since we know that the action of OCing of long arms in Texas unto itself is lawful, https://www.texaslawshield.com/portal/texas-gun-law/ ,and the very federal statute you referenced (FEMA) codifies that unless prohibit by law citizens cannot be deprived of their firearms during times of emergency unless being arrested as part of a criminal investigation (which OC is not), then it would appear you clearly do not understand the very laws you are sworn to protect

Have a nice evening Cavcop, you have answered my questions after all
I answered from the start, you just want set statute, that I dont have (maybe a lawyer could find the Federal and State rules that allowed it. Just like a cerfew, set times call for set rules/law. I pointed you the area's that covered it. I pointed out that it has changed. You are using an updated law to argue the past. Did you not find any statutes to reference or look further into? Maybe Pres Bush and his government need to be made as criminals, same for the Gov of LA, ad Mayor of N.O.
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