NFOA MEMBERS FORUM
General Categories => Survival/Emergency Preparedness => Topic started by: Mudinyeri on June 15, 2011, 03:14:37 PM
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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):
(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. ;)
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Kent Rogert introduced a bill a few years ago that addressed that and it went nowhere.
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Kent Rogert introduced a bill a few years ago that addressed that and it went nowhere.
Unfortunately.
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Does the "Disaster Recovery Personal Protection Act of 2006" provide any protections?
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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.
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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.
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In the aftermath of Hurricane Katrina (http://en.wikipedia.org/wiki/Hurricane_Katrina), New Orleans (http://en.wikipedia.org/wiki/New_Orleans) Chief of Police Eddie Compass (http://en.wikipedia.org/wiki/Eddie_Compass) ordered police and National Guard (http://en.wikipedia.org/wiki/United_States_National_Guard) units to confiscate firearms from citizens who remained in the area. The National Rifle Association (http://en.wikipedia.org/wiki/National_Rifle_Association) and Second Amendment Foundation (http://en.wikipedia.org/wiki/Second_Amendment_Foundation) filed a lawsuit (http://en.wikipedia.org/wiki/Lawsuit) against the city of New Orleans to place an emergency injunction (http://en.wikipedia.org/wiki/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 (http://en.wikipedia.org/wiki/Bobby_Jindal) in the House (http://en.wikipedia.org/wiki/United_States_House_of_Representatives) and on April 7, 2006 by Republican Senator David Vitter (http://en.wikipedia.org/wiki/David_Vitter) in the Senate (http://en.wikipedia.org/wiki/United_States_Senate).[2] On August 4, 2006, it was referred to committee (http://en.wikipedia.org/wiki/United_States_congressional_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
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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.
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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?
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.[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.
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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