Gun Seizure during disasters

[Commander]

We all remember the gun seizures in Lousiana after Katrina. While studying the Texas CHL laws, I found the following:

LGC §229.001. FIREARMS; EXPLOSIVES. (a) A municipality may
not adopt regulations relating to the transfer, private ownership,
keeping, transportation, licensing, or registration of firearms, ammunition,
or firearm supplies.
(b) Subsection (a) does not affect the authority a municipality has
under another law to:
(4) regulate the use of firearms in the case of an insurrection, riot,
or natural disaster if the municipality finds the regulations necessary to
protect public health and safety;

If I am reading this correctly, this law gives Texas Cities the same powers that officials used in New Orleans last year.

[KBCraig]

Yes, I noticed that when I was researching the law about our local housing authority banning guns. I meant to start a thread on it, and kept forgetting it.

This is something that must change in 2007!

Kevin

[txinvestigator]

We all remember the gun seizures in Lousiana after Katrina. While studying the Texas CHL laws, I found the following:

LGC §229.001. FIREARMS; EXPLOSIVES. (a) A municipality may
not adopt regulations relating to the transfer, private ownership,
keeping, transportation, licensing, or registration of firearms, ammunition,
or firearm supplies.
(b) Subsection (a) does not affect the authority a municipality has
under another law to:
(4) regulate the use of firearms in the case of an insurrection, riot,
or natural disaster if the municipality finds the regulations necessary to
protect public health and safety;

If I am reading this correctly, this law gives Texas Cities the same powers that officials used in New Orleans last year.

Use is not the same as transfer, ownership, transportation, etc.

[seamusTX]

I am not a lawyer, but I don't think so. The first clause says, "A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ..."

The exception applies only to "use."

I would expect that if this law were used at all, it would be to prevent people patrolling the neighborhood in armed groups and that sort of thing. I have not heard of that happening in Texas.

It will all be moot soon. The U.S. House and Senate have both passed bills prohibiting states and municipalities from confiscating firearms during emergencies. They have to be reconciled in a conference committee, and no doubt signed by the President before the next hurricane. See http://www.nra-ila.org/ for details.

- Jim

[Venus Pax]

It would be nice to see a law passed in TX to prevent confiscation.

I do know that after Rita hit, DPS let private citizens ride around Bridge City (my family lived there at the time) with shotguns and patrol the area. They figured the private citizens knew best who belonged there.
I also understand that there were signs up that said, "You loot. We shoot."

[spud]

If anyone asks, I sold them.

[Charles L. Cotton]

It would be nice to see a law passed in TX to prevent confiscation.

[sparx]

If anyone asks, I sold them.

to buy all of mine.

[robert_de_niro]

Yes, I noticed that when I was researching the law about our local housing authority banning guns. I meant to start a thread on it, and kept forgetting it.

This is something that must change in 2007!

Kevin

But how many would actually obey it? If I had people breaking into my place to loot where my family was, and they were armed with knives and guns like in New Orleans, I'd say the state could have my guns if they could come take them from me. "From my cold, dead fingers".

[spud]

If anyone asks, I sold them.

to buy all of mine.

haha agreed.

[flintknapper]

Kevin

I'd say the state could have my guns if they could come take them from me. .

Yup! Molôn Labé!

[stevie_d_64]

...regulate the use...

So If I wanted to use mine in such a manner as Davy Crockett did at teh Alamo...

They can regulate that action if they want to.../sarcasm

I just don't see me doing that though...

We just had a recent test of this theory...The bad rain storms a few weeks ago...

I turned the dunderhead traffic around coming down my street to wash up flood water into our homes very effectively...

Only one dunderhead found out why when they actually tested me on the request...

"Why should I turn around?"

"Because I said so!" (A locked and loaded AR make quite a visual deterrent and statement)

Local Law Enforcement had ZERO problem with my determined stance, they had other things to deal with than a homeowner protecting their property in this manner...