Does Texas have such law?

[Stupid]

see the text is in red.

http://www.gunsandammomag.com/second_amendment/0506r/

Hard Times In The Big Easy
Law-abiding citizens were subject to confiscation of their firearms during the Katrina catastrophe.
By John Hay Rabb

Last August, Hurricane Katrina flattened New Orleans and cut a wide swath of destruction across several other southern states. Millions were left dead, injured, hungry or homeless. In the chaotic aftermath of the storm, New Orleans Police Superintendent P. Edwin Compass III announced that all privately owned firearms would be seized. "No one will be able to be armed. Guns will be taken," Compass declared. "Only law enforcement [will be] allowed to have weapons."

Louisiana, like many other states, issues concealed carry weapons permits to law-abiding individuals. Compass's order did not distinguish between stolen guns and legally owned guns; therefore, he was in violation of Louisiana statute.

The governor can temporarily suspend state laws, but only after a state of emergency has been declared. Under his emergency powers, the governor may specifically authorize a senior law enforcement official to confiscate legally owned firearms. To the best of my knowledge, the governor of Louisiana never authorized Superintendent Compass to confiscate legally owned firearms.



After the confiscation order was issued, police and National Guard personnel began searching empty houses for firearms, and TV camera crews filmed numerous instances of forced entry.

California TV station KTVU captured on videotape the most disturbing gun-confiscation incident. An 82-year-old woman stood in her small kitchen, surrounded by police in tactical gear and several TV cameramen. In the open palm of her hand she held a knife and a small revolver. Neither of the weapons was pointed at the police officers.


Superintendent Compass managed to round up some police officers and National Guardsmen to go door to door, confiscating guns from law-abiding citizens and leaving them helpless against the depredations of armed criminals.


The police ordered her to hand over the two weapons. When she did not immediately comply with the order, she was gang tackled by three burly police officers, who pinned her to the kitchen floor. The officers then hustled her out to a flatbed truck, lifted her aboard and drove away.

Some police officers told reporters that the confiscation order was issued after Army, Coast Guard and police helicopters were fired upon while flying over the city. It is reasonable to assume that the shooters responsible for these attacks used illegal firearms, which would not simply be handed over when the police and National Guard knocked on the door.

There certainly was no shortage of guns available to criminals. In the wake of the storm, more than 1,000 guns were stolen from gun dealers in Alabama, Louisiana and Mississippi. Only about 130 of these weapons were recovered.

(The Associated Press also reported that some police officers asked if they could borrow guns from citizens. The officers explained that they were outgunned during running street battles with armed criminals.)

Sending In The National Guard
The participation of National Guard troops in gun-confiscation efforts raised a few eyebrows in the legal community. According to federal law, military forces--with some exceptions--may not participate in civilian law enforcement activities. The Posse Comitatus Act of 1878 ("posse comitatus" means "the power of the county") was passed in response to the intrusive involvement of federal troops in elections held in the former Confederate states.

The National Guard units in New Orleans are deployed under the authority of the governor, and the Posse Comitatus Act does allow National Guard units to participate in civilian law enforcement activities--as long as the governor has ordered their deployment. Even so, it is a bit unsettling to watch National Guardsmen kicking down doors to confiscate legal firearms. --JHR

In some of the city's wealthier neighborhoods, the houses were relatively unscathed by the storm. Some of the houses were surrounded by armed private security guards.

On several occasions the police temporarily handcuffed the guards and took their firearms. After a few minutes, the handcuffs were removed and the guns returned. All of these incidents took place on private property and involved licensed security personnel. They appear to be clear violations of the U.S. Constitution, the Louisiana Constitution and Louisiana state law.

In the town of Algiers, residents formed their own armed defense force. The men worked in shifts, patrolling the streets 24 hours a day. The Garden District of New Orleans also formed its own armed defense force. Neither of the guard forces fired a single shot.

In time it became clear that the police superintendent's gun-confiscation order stood on shaky legal ground. The National Rifle Association and the Second Amendment Foundation challenged the order in federal court. On September 12 the court issued a restraining order against the New Orleans Police Department. No more guns could be confiscated, but the guns that had already been confiscated would not be returned to their rightful owners.

The gun-confiscation program in New Orleans may be an ominous indication of how governments will react to a future catastrophe, either natural or man-made.

After Katrina hit, the NOPD was in shambles. Emergency calls went unanswered, some officers abandoned their posts, and others participated in the looting spree. But even in this crisis atmosphere, Superintendent Compass managed to round up some police officers and National Guardsmen to go door to door, confiscating guns from law-abiding citizens and leaving them helpless against the depredations of armed criminals.

The New Orleans city government has a long history of antipathy toward private gun ownership, and there are many large cities dominated by anti-gun mayors and city councils. If, God forbid, there is another terrorist attack on a major city, law-abiding gun owners should be prepared for the "New Orleans treatment."

[nitrogen]

Texas passed a law during the 2007 legislative session banning this from happening specifically in answer to what happened in Louisiana.

[Xander]

What Nitrogen said. Specifically, they amended GC §418.003 to define an additional specific limitation to the goverment's power in emergency situations, calling out that the code does not authorize the seizure of legally owned and carried firearms and ammunition.

The text of the amended code is here: http://www.legis.state.tx.us/tlodocs/80 ... 00112F.htm

[Stupid]

Thanks. this is a good law, which will make me think twice before moving to a different state.

What would happen if say the governor disobeys the law? What's the punishment?

[seamusTX]

What would happen if say the governor disobeys the law? What's the punishment?

The governor is unlikely to disobey it. More likely some flaky mayor or police chief.

I think they could be sued afterward for a civil rights violation. That's small comfort at the time, but civil rights damages can be in the millions of dollars.

I am still not a lawyer.

- Jim

[WarHawk-AVG]

Thanks. this is a good law, which will make me think twice before moving to a different state.

What would happen if say the governor disobeys the law? What's the punishment?

Molon Labe

[Stupid]

I guess that's the reason to have more than one guns. In case of a seize, you give out the gun you are least favorite as a decoy to the finest, then still have more for protection.

What would happen if say the governor disobeys the law? What's the punishment?

The governor is unlikely to disobey it. More likely some flaky mayor or police chief.

I think they could be sued afterward for a civil rights violation. That's small comfort at the time, but civil rights damages can be in the millions of dollars.

I am still not a lawyer.

- Jim

[seamusTX]

I guess that's the reason to have more than one guns. In case of a seize, you give out the gun you are least favorite as a decoy to the finest, then still have more for protection.

I agree. If some kind of emergency seizure occurred, the cops aren't going to have time to look in every box in the attic and dig up the crawlspace.

- Jim

[Stupid]

I'd better make sure all my ammo are in one caliber or some smarts may figure out I have more than one gun by looking at my stack of ammo.

I guess that's the reason to have more than one guns. In case of a seize, you give out the gun you are least favorite as a decoy to the finest, then still have more for protection.

I agree. If some kind of emergency seizure occurred, the cops aren't going to have time to look in every box in the attic and dig up the crawlspace.

- Jim

[kauboy]

I feel sorry for the poor guy they send out to do this.
It is now illegal at the State and Federal level.
Do not come knocking on my door asking for my firearm.
You will politely be asked to leave... once!
After that, it is criminal trespassing.
Attempts to force your way inside will probably not end well.

[lawrnk]

I think the issue at the time was the NO residents shooting people randomly, shooting rescue helicopters, etc..
Doubled edged sword there. Violate our rights, or get guns away from thugs.

On a positive note, NO is supposedly safe now that Houston imported all their criminals.

[ShootingStar]

lawrnk,

I think the issue at the time was the NO residents shooting people randomly, shooting rescue helicopters, etc..
Doubled edged sword there. Violate our rights, or get guns away from thugs.

Nope, I have to disagree. You will Never get the bad guys to give up their guns. NEVER.

If confiscation happens, the only guns that will be confiscated will be those of Us, the law abiding.

As for getting the guns out of the criminal's hands, there is already a way for that to happen. If they have a Felony, which will be pretty likely, they get arrested AND their guns confiscated. It's already automatic, the cops catch a bad guy in possession of a firearm, he get's arrested. They don't need to take ours. It will only make us defenseless and we could die. Even if the looters only steal our food/water/supplies, we could die as easily from lack of water/food/medical supplies/AIDS if they rape your wife or daughter.

The gov may not be able to provide everything that we need in an emergency in time to save us. We have to be prepared to save ourselves.

This is one of the hardest things I have ever pondered. If they came to my door, what would I do? I know too many LEOs that I think very much of and I know that they have families. I may be put in a position of either letting my family die because I can no longer protect them or going up against someone who also has a family. Personally, if I was a LEO, I would refuse the order; especially if it was an obviously illegal one. I know though that most LEOs would not do that and would just go ahead and follow orders.

Considering this, I think that we should put this on the list of Legislative To-Do's. Add wording making it a Felony to confiscate firearms from anyone who has no prior felonies, and not engaged in criminal behavior. In this case an ounce of prevention is worth a lot of cure. If we address this before it becomes a problem here, it could save our lives.

-ss

[lawrnk]

That may have read wrong, I agree. I meant a double edged sword perspective from those taking the guns. I have a really simple solution that no politician ever puts in place. Commit a heinous crime, IE rape, burglary, robbery, or child molestation, or ANY serious crime with a weapon...never see the light of day again.
Parole is the worst word ever brought into our dictionary.

lawrnk,

I think the issue at the time was the NO residents shooting people randomly, shooting rescue helicopters, etc..
Doubled edged sword there. Violate our rights, or get guns away from thugs.

Nope, I have to disagree. You will Never get the bad guys to give up their guns. NEVER.

If confiscation happens, the only guns that will be confiscated will be those of Us, the law abiding.

As for getting the guns out of the criminal's hands, there is already a way for that to happen. If they have a Felony, which will be pretty likely, they get arrested AND their guns confiscated. It's already automatic, the cops catch a bad guy in possession of a firearm, he get's arrested. They don't need to take ours. It will only make us defenseless and we could die. Even if the looters only steal our food/water/supplies, we could die as easily from lack of water/food/medical supplies/AIDS if they rape your wife or daughter.

The gov may not be able to provide everything that we need in an emergency in time to save us. We have to be prepared to save ourselves.

This is one of the hardest things I have ever pondered. If they came to my door, what would I do? I know too many LEOs that I think very much of and I know that they have families. I may be put in a position of either letting my family die because I can no longer protect them or going up against someone who also has a family. Personally, if I was a LEO, I would refuse the order; especially if it was an obviously illegal one. I know though that most LEOs would not do that and would just go ahead and follow orders.

Considering this, I think that we should put this on the list of Legislative To-Do's. Add wording making it a Felony to confiscate firearms from anyone who has no prior felonies, and not engaged in criminal behavior. In this case an ounce of prevention is worth a lot of cure. If we address this before it becomes a problem here, it could save our lives.

-ss

[Gyrogearhead]

Better, IMHO would be a general law at the federal level to the effect that it is a felony for any person to promulgate, enact, enforce (etc. & etc.) any law, rule or emergency declaration that abridges any part of the U.S. Constitution. In other words make it an actionable item for anyone and everyone in the entire chain from the pollitician voting for such a law to the LEO enforcing it.

As things stand presently if some law is found un-constitutional it is simply null and void, game over. However if all those in the chain of events that resulted in the enactment of the un-constitutional law could be held personally accountable for their actions in enacting and enforcing the unconstitutional law there would be no more attempts at abridgements.

Put another way, the immunity now granted to public officials for their official actions in office should be withdrawn in instances involving abridgement of constitutional guarantees. Personally, I don't think we'll ever see that happen even in our wildest dreams but then what are dreams for anyway?

[SigSauerFan84]

Thats a pretty bad situation all around. I wasnt completely aware of constantly changing "laws" during that time but I had no problem driving from west texas to New Orleans with a friend of mine to get his grandma. We wore our Military uniforms and Flak Gear and had our ID Cards in arm bands no one even questioned us. We both hold CHL's and are active duty military I know I would have been extremely upset if they tried to confiscate one of my guns we had with us