< Back to the Main Site
« previous next »
Pages: [1]   Go Down

Author Topic: Nebraska Emergency Management Act  (Read 7207 times)

Offline Mudinyeri

  • God, save us!
  • NFOA Full Member
  • **
  • Join Date: May 2010
  • Location: Omaha
  • Posts: 3965
  • Run for the Hills
Nebraska Emergency Management Act
« on: June 15, 2011, 03:14:37 PM »
With flooding imminent, I thought the members might like to know that section 81-829.40 of the Nebraska Emergency Management Act confers special powers upon the Governor in the event that a state of emergency is declared.

In Section (6), Sub-section (h) (emphasis added):

Quote
(6) In addition to any other powers conferred upon the
Governor by law, he or she may:

(h) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles; and

Just thought you might like to know.  ;)
Logged

Offline Dan W

  • NFOA Co-Founder
  • *****
  • Join Date: Oct 2007
  • Location: Lincoln NE
  • Posts: 8143
Re: Nebraska Emergency Management Act
« Reply #1 on: June 15, 2011, 08:53:14 PM »
Kent Rogert introduced a bill a few years ago that addressed that and it went nowhere.
Logged
Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline Mudinyeri

  • God, save us!
  • NFOA Full Member
  • **
  • Join Date: May 2010
  • Location: Omaha
  • Posts: 3965
  • Run for the Hills
Re: Nebraska Emergency Management Act
« Reply #2 on: June 15, 2011, 09:41:03 PM »
Quote from: Dan W on June 15, 2011, 08:53:14 PM
Kent Rogert introduced a bill a few years ago that addressed that and it went nowhere.

Unfortunately.
Logged

Offline Ram Ringer

  • NFOA Full Member
  • **
  • Join Date: Jan 2009
  • Location: Lincoln Nebraska
  • Posts: 138
Re: Nebraska Emergency Management Act
« Reply #3 on: June 16, 2011, 03:24:21 PM »
Does the "Disaster Recovery Personal Protection Act of 2006" provide any protections?
Logged
"The Most Important Political Office Is That Of The Private Citizen"  Louis Brandeis

Offline Mudinyeri

  • God, save us!
  • NFOA Full Member
  • **
  • Join Date: May 2010
  • Location: Omaha
  • Posts: 3965
  • Run for the Hills
Re: Nebraska Emergency Management Act
« Reply #4 on: June 16, 2011, 03:39:59 PM »
Quote from: Ram Ringer on June 16, 2011, 03:24:21 PM
Does the "Disaster Recovery Personal Protection Act of 2006" provide any protections?

I believe it protects against confiscation.  The Nebraska Emergency Management Act allows the Governor to forbid transporation of firearms during a declared disaster.

As long as you stay home - no problem.  If you have to go out, you may be prevented from transporting your weapon along with you.
Logged

Offline FarmerRick

  • NFOA Co-Founder
  • *****
  • Join Date: Mar 2008
  • Location: Valley, NE
  • Posts: 3250
  • Antagonist of liberals, anti-hunters & hoplophobes
Re: Nebraska Emergency Management Act
« Reply #5 on: June 16, 2011, 05:18:29 PM »
I would bet a shiny new nickel that the Governor is not even aware of that provision.   

Hmmm... wheels turning in my twisted mind....   ;D

Perhaps a letter could be crafted by the NFOA and sent to the Governor asking for him to encourage the Unicameral to change the law to enable law abiding citizens to protect themselves under ALL conditions, including during a declared state of emergency.
Logged
Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

Offline Dan W

  • NFOA Co-Founder
  • *****
  • Join Date: Oct 2007
  • Location: Lincoln NE
  • Posts: 8143
Re: Nebraska Emergency Management Act
« Reply #6 on: June 16, 2011, 10:18:03 PM »
Quote
In the aftermath of Hurricane Katrina, New Orleans Chief of Police Eddie Compass ordered police and National Guard units to confiscate firearms from citizens who remained in the area. The National Rifle Association and Second Amendment Foundation filed a lawsuit against the city of New Orleans to place an emergency injunction forbidding such seizures from continuing. A temporary restraining order was granted September 23, 2005.[1]
The Disaster Recovery Personal Protection Act of 2006 (H.R.5013, S.2599) was a bill introduced March 28, 2006 by Republican Congressman Bobby Jindal in the House and on April 7, 2006 by Republican Senator David Vitter in the Senate.[2] On August 4, 2006, it was referred to committee.
On July 12, 2006 Senator Vitter proposed Senate Amendment 4615 (the Vitter Amendment) to Department Of Homeland Security Appropriations Act, 2007 (H.R. 5441), to prohibit the confiscation of a firearm during an emergency or major disaster if the possession of such firearm is not prohibited under Federal or State law.[3] The proposed amendment was subsequently modified to contain the provisions of the Disaster Recovery Personal Protection Act of 2006. However, the temporary surrender of a firearm could be required "as a condition for entry into any mode of transportation used for rescue or evacuation".

Emphasis mine

quoted from Wikipedia
Logged
Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline Mudinyeri

  • God, save us!
  • NFOA Full Member
  • **
  • Join Date: May 2010
  • Location: Omaha
  • Posts: 3965
  • Run for the Hills
Re: Nebraska Emergency Management Act
« Reply #7 on: June 17, 2011, 08:20:14 AM »
It seems that our EMA accomplishes essentially the same thing once you have to transport your weapon.  One could safely assume, that if you were transporting your weapon and were stopped from some reason and the weapon discovered that it could be confiscated as you would, at that point, be in violation of the EMA order.
Logged

Offline gsd

  • 2013 NFOA Firearm Rights Champion award winner
  • NFOA Full Member
  • **
  • Join Date: Oct 2010
  • Location: Lincoln, NE
  • Posts: 1831
Re: Nebraska Emergency Management Act
« Reply #8 on: June 18, 2011, 07:18:24 AM »
I wonder if the pasage bolded by Dan W covers any transportation other than a POV?  If that is the case provided the vehicle you were traveling in was legally registered to you, would it not be technically your private property?
Logged
It is highly likely the above post may offend you. I'm fine with that.

Offline Chris

  • Forum Member
  • *
  • Join Date: May 2013
  • Posts: 9
Re: Nebraska Emergency Management Act
« Reply #9 on: May 14, 2013, 01:47:56 PM »
Quote from: Dan W on June 16, 2011, 10:18:03 PM

.[3] The proposed amendment was subsequently modified to contain the provisions of the Disaster Recovery Personal Protection Act of 2006. However, the temporary surrender of a firearm could be required "as a condition for entry into any mode of transportation used for rescue or evacuation".



Emphasis mine

quoted from Wikipedia


Has this been remedied/ratified? It sounds like state sponsored martial law to me when we would value means of self protection the most. 
Logged

Offline ghknives

  • Gun Show Volunteer NRA Life member
  • Powder Benefactor
  • *
  • Join Date: Dec 2008
  • Location: Alliance, Nebraska
  • Posts: 739
Re: Nebraska Emergency Management Act
« Reply #10 on: May 14, 2013, 05:34:55 PM »
Katrina wasn't the only offense. You don't hear much about it but firearms were also collected and confiscated in Greensburg, Kansas after a tornado destroyed the town
Logged
I do not love the bright sword for it's sharpness, nor the arrow for it's swiftness, nor the warrior for his glory. I only love that which they defend.        J.R.R. Tolkein
Pages: [1]   Go Up
« previous next »