Gun ban due to snow??

[wgoforth]

What would that have to do with anything??

Cannot sell or posses guns or explosives off or your own property in parts of NC due to storm

http://www.wxii12.com/news/22487153/detail.html" onclick="window.open(this.href);return false;

[Kevinf2349]

My guess is that it is because they decalred a state of emergency and they don't want armed looters on the streets.

I call it the 'Katrina effect'

[seamusTX]

Just FYI, Texas law has similar provisions: Government Code Chapter 433, State of Emergency:

Sec. 433.002. ISSUANCE OF DIRECTIVES. (a) After a state of emergency is proclaimed, the governor may issue reasonable directives calculated to control effectively and terminate the emergency and protect life and property....

(b) The directive may provide for:
(1) control of public and private transportation in the affected area;
(2) designation of specific zones in the affected area in which, if necessary, the use and occupancy of buildings and vehicles may be controlled;
(1) control of public and private transportation in the affected area;
(2) designation of specific zones in the affected area in which, if necessary, the use and occupancy of buildings and vehicles may be controlled;
(3) control of the movement of persons;
(4) control of places of amusement or assembly;
(5) establishment of curfews;
(6) control of the sale, transportation, and use of alcoholic beverages, weapons, and ammunition, except as provided by Section 433.0045; and
(7) control of the storage, use, and transportation of explosives or flammable materials considered dangerous to public safety.

You can find the law here: http://www.statutes.legis.state.tx.us/" onclick="window.open(this.href);return false;

GC 433.045 states that

A directive issued under this chapter may not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.

(b) A peace officer who is acting in the lawful execution of the officer's official duties during a state of emergency may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual.

To the best of my knowledge, these provisions have never been put into effect in Texas. In that case, the obvious contradictions have not been tested in court.

- Jim

[killerfly128]

Just FYI, Texas law has similar provisions: Government Code Chapter 433, State of Emergency:

Sec. 433.002. ISSUANCE OF DIRECTIVES. (a) After a state of emergency is proclaimed, the governor may issue reasonable directives calculated to control effectively and terminate the emergency and protect life and property....

(b) The directive may provide for:
(1) control of public and private transportation in the affected area;
(2) designation of specific zones in the affected area in which, if necessary, the use and occupancy of buildings and vehicles may be controlled;
(1) control of public and private transportation in the affected area;
(2) designation of specific zones in the affected area in which, if necessary, the use and occupancy of buildings and vehicles may be controlled;
(3) control of the movement of persons;
(4) control of places of amusement or assembly;
(5) establishment of curfews;
(6) control of the sale, transportation, and use of alcoholic beverages, weapons, and ammunition, except as provided by Section 433.0045; and
(7) control of the storage, use, and transportation of explosives or flammable materials considered dangerous to public safety.

You can find the law here: http://www.statutes.legis.state.tx.us/" onclick="window.open(this.href);return false;

GC 433.045 states that

A directive issued under this chapter may not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.

(b) A peace officer who is acting in the lawful execution of the officer's official duties during a state of emergency may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual.

To the best of my knowledge, these provisions have never been put into effect in Texas. In that case, the obvious contradictions have not been tested in court.

- Jim

Wrong (i think), if I recall correctly the last large huracane to roll through Houston brought these laws into effect.

[seamusTX]

Show me.

- Jim

[frazzled]

Show me.

- Jim

Indeed, please provide proof of that statement. Of course with the power out city wide, no one would have noticed, or cared.

[Keith B]

Just FYI, Texas law has similar provisions: Government Code Chapter 433, State of Emergency:

Sec. 433.002. ISSUANCE OF DIRECTIVES. (a) After a state of emergency is proclaimed, the governor may issue reasonable directives calculated to control effectively and terminate the emergency and protect life and property....

(b) The directive may provide for:
(1) control of public and private transportation in the affected area;
(2) designation of specific zones in the affected area in which, if necessary, the use and occupancy of buildings and vehicles may be controlled;
(1) control of public and private transportation in the affected area;
(2) designation of specific zones in the affected area in which, if necessary, the use and occupancy of buildings and vehicles may be controlled;
(3) control of the movement of persons;
(4) control of places of amusement or assembly;
(5) establishment of curfews;
(6) control of the sale, transportation, and use of alcoholic beverages, weapons, and ammunition, except as provided by Section 433.0045; and
(7) control of the storage, use, and transportation of explosives or flammable materials considered dangerous to public safety.

You can find the law here: http://www.statutes.legis.state.tx.us/" onclick="window.open(this.href);return false;

GC 433.045 states that

A directive issued under this chapter may not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.

(b) A peace officer who is acting in the lawful execution of the officer's official duties during a state of emergency may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual.

To the best of my knowledge, these provisions have never been put into effect in Texas. In that case, the obvious contradictions have not been tested in court.

- Jim

Wrong (i think), if I recall correctly the last large huracane to roll through Houston brought these laws into effect.

I believe you are confusing the banning of confiscation with the prohibition of selling or trading that has been in affect for a long time.

[seamusTX]

Of course with the power out city wide, no one would have noticed, or cared.

Broadcast radio still worked fine, if you had a battery-powered radio or generator.

There was no prohibition on carrying firearms or the sale of alcoholic beverages, ammunition, or firearms after Ike.

The convenience stores that sell beer got back into business within days. Selling ammunition or firearms was moot, as all the places that sold them before Ike were damaged and closed.

The only emergency provision that I am aware of was the dusk-to-dawn curfew in the City of Galveston (which was selectively enforced).

- Jim

[frazzled]

Of course with the power out city wide, no one would have noticed, or cared.

Broadcast radio still worked fine, if you had a battery-powered radio or generator.

There was no prohibition on carrying firearms or the sale of alcoholic beverages, ammunition, or firearms after Ike.

The convenience stores that sell beer got back into business within days. Selling ammunition or firearms was moot, as all the places that sold them before Ike were damaged and closed.

The only emergency provision that I am aware of was the dusk-to-dawn curfew in the City of Galveston (which was selectively enforced).

- Jim

Of course batteries don't last for weeks...

[seamusTX]

Of course batteries don't last for weeks...

Car batteries do, if they are in a car that runs. :^)

They also make manual crank radios. I keep meaning to get one, but I'm lazy.

- Jim

[killerfly128]

Show me.

- Jim

Oops ... I was refering to the first one ... not the second one. Sorry.

http://www.texaschlforum.com/viewtopic. ... e&start=60" onclick="window.open(this.href);return false;

Its on page 5 ... I must have seen it while skimming that thread. I dont know if that information is accurate though. I guess it was supposed to have taken place in Baytown? I tried to search for a news story on it but saw nothing. I may have been wrong, I often am.

[seamusTX]

It does seem the mayor of Baytown declared a curfew and a ban on the sale of firearms after Ike.

These meeting minutes indicate that it was lifted on October 3, 2009. I can't find any other information about it.

I don't know (1) whether he had the authority to do so, since Perry had not authorized that particular provision, or (2) whether the ban on firearms had any effect, as that area was a mess at the time and most businesses were closed.

That's the only case that I have heard of.

- Jim

[killerfly128]

It does seem the mayor of Baytown declared a curfew and a ban on the sale of firearms after Ike.

These meeting minutes indicate that it was lifted on October 3, 2009. I can't find any other information about it.

I don't know (1) whether he had the authority to do so, since Perry had not authorized that particular provision, or (2) whether the ban on firearms had any effect, as that area was a mess at the time and most businesses were closed.

That's the only case that I have heard of.

- Jim

Looks like I wasnt off base lol. Where did you end up finding it?

[seamusTX]

Oops. I forgot to copy the URL: http://www.baytown.org/NR/rdonlyres/B24 ... inutes.pdf" onclick="window.open(this.href);return false;

The mention of the curfew and firearms sales ban is on the last page.

- Jim

[killerfly128]

Oops. I forgot to copy the URL: http://www.baytown.org/NR/rdonlyres/B24 ... inutes.pdf" onclick="window.open(this.href);return false;

The mention of the curfew and firearms sales ban is on the last page.

- Jim

Cool deal Jim, I didnt think I was wrong on it. I know that there hasnt been a case of guns and ammo being confiscated like in Katrina but I coulda sworn I read something about them not being sold due to a disaster.