S.2028

gerrycaruso

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This bill allows that during a pandemic,the Commissioner of Public Health may allow a public health authority the right to enter a home without a warrant and remove any contaminated materials. These materials may be destroyed. According to the latest issue of The Outdoor Message,GOAL does not seem to oppose this bill. Does this mean that someone can decide my guns are contaminated and destroy them or am I worrying over nothing
 
This bill allows that during a pandemic,the Commissioner of Public Health may allow a public health authority the right to enter a home without a warrant and remove any contaminated materials. These materials may be destroyed. According to the latest issue of The Outdoor Message,GOAL does not seem to oppose this bill. Does this mean that someone can decide my guns are contaminated and destroy them or am I worrying over nothing

It means exactly that. [thinking]
 
while there may be some reasons to be concerned with this bill, please do not jump to conclusions. first of all, no provision of this bill would go into effect unless a state of emergency has been declared. it is designed to deal with something like ebola or another viral outbreak.

as far as someone entering your property, they would need probable cause. this would be the same standard police are held to every day. for example, if someone owned a farm and a herd of livestock became ill with some horribly infectious disease, DPH officials could (if an emergency has been declared) enter their property to deal with the situation.

there is no provision in this bill to allow for the confiscation of your firearms, nor would your firearms fall under the authority of DPH during a declared emergency. to my knowledge there is nothing in this bill that has not already been upheld by the USSC (please correct me if i'm wrong). Also, contrary to popular belief, this bill also does not mandate swine flue vaccinations or any other vaccination.

this bill has been filed many times over the last few years and has not become law. also, the house recently debated this and made some changes to the language. I have been told that the house changed some of the "concerning" sections of the bill. I haven't actually seen those changes yet so i'm not sure what they did.

please dont get me wrong. i'm not trying to tell anyone what they should or should not be concerned about with this bill. it just seems like there is a lot of misinformation and conspiracy theories out there surrounding this one.
 
while there may be some reasons to be concerned with this bill, please do not jump to conclusions. first of all, no provision of this bill would go into effect unless a state of emergency has been declared. it is designed to deal with something like ebola or another viral outbreak.

I stopped reading your post here. A state of emergency has been declared already. [thinking]
 
I stopped reading your post here. A state of emergency has been declared already. [thinking]

not by the governor. so even if this bill had been enacted, none of its provisions would be in effect.

Edit:

Just wanted to add that the senate version includes the following:
"prior to the destruction of any property during the emergency, the department of public health or a local public health authority shall institute appropriate civil proceedings against the property to be destroyed in accordance with the existing laws and rules of the courts of this Commonwealth"
 
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We have a "state of emergency" for friggin snow storms around here for god's sake. Some local clerk decides that my house is contaminated because my wife goes to the doctor and has whatever the boogeyman disease of the month. The next thing you know "they" have the right to enter and determine what property that I legally own can be destroyed without compensation. What happens is they determine that the interior of my house contains "contaminated material" because people have thrown up on the floor and I don't happen to have a biohazard response team to clean it up myself?

Probable cause? Good luck. No warrant, nothing.

Normally I am not paranoid but I do not like the idea that some agency that typically has no judicial oversight or reporting authority for legal issues gets a free ride into my house. Nanny state at its best IMO.
 
I wrote many letters to the House Ways and Means committe last month, where it was up for vote, about this very topic. The idea I got from it was that they loaded it with all the anti-constitution junk it had in its original form, so the public could gasp and cry about it, so they could remove the most offensive parts and look like they give a shit about our rights.

In it's current state, it still contains the wording to absolve "health care providers" from any civil liabilities while preforming the duties ordered (read vaccinating). As well as the ability to quarantine any infected persons.

My worry is the lack of a "Katrina Bill" here in MA, so when this happens they can march up and confiscate your firearms if they deem you a threat to the cause.
 
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