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Katrina Bill?

This is a discussion on Katrina Bill? within the General Discussion forums, part of the General category; Is it a lost cause in MA? I know the police chief's blocked it, but has it lost all support ...

  1. #1
    Navy Veteran edmorseiii's Avatar
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    Default Katrina Bill?

    Is it a lost cause in MA? I know the police chief's blocked it, but has it lost all support and momentum? I did little searching on it and couldn't come up with any recent info.

    That whole pandemic response, state of emergency crap makes me worry that once someone gets the sniffles and the .gov wants too, they can come try to take law abiding citizens means to self defense.

    And for the hard core, I did say TRY .

    Thanks for your input,
    Ed

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    NES Member Underwhere's Avatar
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    All the people I wrote to told me they were going to vote against it if it came across them.

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    Navy Veteran edmorseiii's Avatar
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    That's what I was afraid of.

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    I could be wrong, but it appears as if the session expired, and the bill needs to be re-introduced.

    http://www.mass.gov/legis/185history/s01401.htm

    Maybe someone from GOAL could comment on the current status?

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    But the Vitter amendment was signed into law thru the Disaster Recovery Personal Protection Act of 2006 by Fmr President Bush thus making the non passage of MA's version not an entire loss?

    http://en.wikipedia.org/wiki/Disaste...on_Act_of_2006

    I know its wiki but it was the first to pop up

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    Navy Veteran edmorseiii's Avatar
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    So I guess I am confused. If there is a Fed law on the books protecting us, why the push for a state level law?

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    Quote Originally Posted by edmorseiii View Post
    So I guess I am confused. If there is a Fed law on the books protecting us, why the push for a state level law?
    I'm wondering, if that has anythign to do with incorpration and the fact that it hasn't happened yet.

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    Navy Veteran edmorseiii's Avatar
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    If I didn't work on the Cape...

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    Quote Originally Posted by edmorseiii View Post
    So I guess I am confused. If there is a Fed law on the books protecting us, why the push for a state level law?
    Because it only restricts the "feds", and not state and local level LE?

    http://thomas.loc.gov/cgi-bin/query/...dgvYB:e120964:

    H.R.5441
    Department of Homeland Security Appropriations Act, 2007 (Enrolled as Agreed to or Passed by Both House and Senate)

    `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.'.

  10. #10
    Jose
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    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--
    This verbiage is going to apply to a lot of local yokels wearing a badge.

    Very few PDs in the country have never received Federal funds. And a good lawyer can argue that even milsurp firearms given to PDs are "funds".

    Whenever a large disaster strikes, the Feds eventually get involved, so the locals will come under some sort of federal "control". A good lawyer can argue this too.

    It's not perfect but it is better than nothing.

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