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Old March 15, 2020, 05:18 AM   #1
Hal
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Let's talk about 42 U.S. Code § 5207.Firearms policies

Now that we are under a National Emergency & the National Guard has been called up in six states (as of Sunday 15th March).
It's probably a good idea to know what's what - as far as federal (firearm) law is concerned.

Here's the code:
(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.

Perhaps one of our legal professionals can help lend an authoritative hand guiding this. Like it or not - this whole thing is getting uglier by the second.
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Old March 15, 2020, 02:01 PM   #2
44 AMP
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Quote:
Perhaps one of our legal professionals can help lend an authoritative hand guiding this. Like it or not - this whole thing is getting uglier by the second.
Not a legal scholar or professional, so my opinion with worth what you pay for it...

Seems pretty straight forward, to me. It's a listing of restrictions, things the Fed CANNOT DO.

Am guessing this came about as part of the backlash from what the govt did during Katrina, and with the intent of preventing a recurrence.

That's NOT ugly, that's a good idea.

The down side is that this covers FEDERAL agents and employees and not state or local actors. Some places have similar laws for their people, other places still do not.

Temporary suspension of civil rights, and liberty, within certain guidelines is allowed under law during declared emergencies. Because some people have, and will try to go too far, we need laws like this one to put blocks in their path, and hopefully keep them focused on where they NEED to go, and not go where they WANT, just because they can and have emergency power to do it with.

There are people who, when given the power will use it (and waste resources) for their personal agendas and NOT for needed helpful things.

That is what we have to watch for, and as much as possible, guard against.
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Old March 16, 2020, 05:50 AM   #3
Hal
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Quote:
That's NOT ugly, that's a good idea.
Agreed - poor phrasing on my part.

This part of the code is not ugly.

The entire panic unfolding is what is ugly & turning uglier at an alarming rate.

This part of the US code does appear to have been put in place after Katrina.
The conundrum here is - it applies to federal employees - or - anyone under the control of federal employees. That pat is plain and simple.

BUT....just where does that leave local authority - such as Champaign Il. ?
OR - the National Guard - - which at this time is only happening in Georgia. The 6 I spoke of earlier have been cancelled.

Just when does federal start & local end?
This is from the FEMA website:
(regarding Trump declaring a National Emergency)

"The emergency declaration does not change measures authorized under other federal statutes and HHS remains the lead federal agency directing the federal response to COVID-19. FEMA actions will be in support of HHS and in coordination with state, tribal and territorial governments. Eligible emergency protective measures taken at the direction or guidance of public health officials in response to this emergency, and not supported by the authorities of another federal agency, will be reimbursed strictly under the FEMA Public Assistance program. FEMA assistance will be provided at a 75 percent Federal cost share. Reimbursable activities typically include emergency protective measures such as the activation of State Emergency Operations Centers, National Guard costs, law enforcement and other measures necessary to protect public health and safety."

Since it appears that FEMA (the feds) are picking up 3/4 of the tab,does that mean they are in charge over National Guard & state & local law enforcement?
If so - then the US code is there to help protect our right to keep and bear arms during this whole thing.
If not - then are we at the mercy of some wannabe dictator - such as the mayor in Il. that's set up to pretty much rule over that city is she wises?
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Old March 16, 2020, 09:16 AM   #4
Aguila Blanca
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Quote:
Originally Posted by Hal
This part of the US code does appear to have been put in place after Katrina.
The conundrum here is - it applies to federal employees - or - anyone under the control of federal employees. That pat is plain and simple.

BUT....just where does that leave local authority - such as Champaign Il. ?
OR - the National Guard - - which at this time is only happening in Georgia. The 6 I spoke of earlier have been cancelled.
I think the answer lies within the law itself:

Quote:
(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—
If the municipality in question receives any funding at all from the federal government, it would appear that the law applies to them. However, I may be overly optimistic. It may apply only to people who are being paid from federal funds provided specifically for the emergency.

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