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  • VNVGUNNER

    Ultimate Member
    Nov 13, 2006
    2,840
    Hebron, Md.
    What is Maryland's law on gun ownership during a national disaster ?
    Can they come and take them ?
     

    jpk1md

    Ultimate Member
    Jan 13, 2007
    11,313
    What is Maryland's law on gun ownership during a national disaster ?
    Can they come and take them ?

    If they declare a Federal Disaster then the law that Congress passed in the wake of Katrina would prevent that...legally.

    I'm not aware of anything that the state has on the books that says that they CAN without some sort of Due Process.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    As far as taking your property, I believe that comes under the Fourth amendment against unreasonable seizures and the Fifth amendment's "nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

    I looked something like this up once before and the closest thing I ever came to finding anything close was something to do with the militia. Since the militia needed to be armed, I think they could require recruits to show up armed.....but I cannot remember which century that was in.

    As I understand it as a total layman without a clue, unless the state can justify a siezure of your arms for public use of those arms, then they cannot touch your property. If they are trying to sieze your arms for only "public safety", then I know of no MD law (as of yet) that authorizes them to do so during a disaster emergency and I assume it becomes a constitutional matter (Second amendment aside) violating the Fourth and Fifth amendments.

    There is some legislative history on this matter though. It appears under Spiro Agnew there was a law that allowed for the "control" of the possession of firearms during emergencies, but I have no idea if that law is still in effect, or been overturned by many following laws or court precedent since. http://www.msa.md.gov/megafile/msa/speccol/sc2900/sc2908/000001/000683/html/am683--69.html
     

    nighthawk2099

    Ultimate Member
    May 1, 2006
    1,061
    Backwoods, SouthWest Arkansas
    Disaster Recovery Personal Protection Act of 2006. It was signed into Law October 4, 2006.

    What kills me is about this law, is this sections:

    SEC. 2. FINDINGS.

    Congress finds the following:

    (1) The Second Amendment to the Constitution of the United States states that, `A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.' and Congress has repeatedly recognized this language as protecting an individual right.
     

    jpk1md

    Ultimate Member
    Jan 13, 2007
    11,313
    Disaster Recovery Personal Protection Act of 2006. It was signed into Law October 4, 2006.

    What kills me is about this law, is this sections:

    Unfortunately that language was never signed into law.

    All we got was a weak/watered down compromise in an appropriations bill for DHS.

    It was toted as a major victory...while significant it is too vague.

    http://www.gunlawnews.org/Senate-Bills/sa4615.html

    Text
    Purpose: To prohibit the confiscation of a firearm during an emergency or major disaster if the possession of such firearm is not prohibited under Federal or State law)
    On page 127, between lines 2 and 3, insert the following:
    SEC. 540. PROHIBITION ON CONFISCATION OF FIREARMS.
    None of the funds appropriated by this Act may be used to temporarily or permanently seize any firearm during an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) if the possession of such firearm is not prohibited under Federal or State law, other than for forfeiture in compliance with Federal or State law or as evidence in a criminal investigation.

    Amended Text
    The amendment (No. 4615), as modified, is as follows:
    On page 127, between lines 2 and 3, insert the following:
    SEC. 540. PROHIBITION ON CONFISCATION OF FIREARMS.
    None of the funds appropriated by this Act shall be used for the seizure of a firearm based on the existence of a declaration or state of emergency.
     

    smores

    Creepy-Ass Cracker
    Feb 27, 2007
    13,493
    Falls Church
    Yeah it looks like if they want to take them, it's ok as long as they don't use money provided by DHS. I wonder if MOM is budgeting for this purpose...
     

    K-Romulus

    Suburban Commando
    Mar 15, 2007
    2,430
    NE MoCO
    Here's something

    From the MD Code:http://weblinks.westlaw.com/Find/De...&rs=WEBL7.09&vr=2.0&spa=MDC-1000&trailtype=26

    MD Code, Public Safety, § 14-303

    West's Annotated Code of Maryland
    Public Safety

    Title 14. Emergency Management
    Subtitle 3. Governor's Emergency Powers

    >>§ 14-303. Governor's proclamation of state of emergency




    Authority to proclaim state of emergency


    (a) During a public emergency in the State, the Governor may proclaim a state of emergency and designate the emergency area:

    (1) if public safety is endangered or on reasonable apprehension of immediate danger to public safety; and

    (2) on:

    (i) the Governor's own initiative; or

    (ii) the application of:

    1. the chief executive officer or governing body of a county or municipal corporation; or

    2. the Secretary of State Police.


    Orders, rules, and regulations to control and terminate public emergency--
    Issuance


    (b) After proclaiming a state of emergency, the Governor may promulgate reasonable orders, rules, or regulations that the Governor considers necessary to protect life and property or calculated effectively to control and terminate the public emergency in the emergency area, including orders, rules, or regulations to:

    (1) control traffic, including public and private transportation, in the emergency area;

    (2) designate specific zones in the emergency area in which the occupancy and use of buildings and vehicles may be controlled;

    (3) control the movement of individuals or vehicles into, in, or from the designated zones;

    (4) control places of amusement and places of assembly;

    (5) control individuals on public streets;

    (6) establish curfews;

    (7) control the sale, transportation, and use of alcoholic beverages;

    (8) control the possession, sale, carrying, and use of firearms, other dangerous weapons, and ammunition; and

    (9) control the storage, use, and transportation of explosives or flammable materials or liquids considered to be dangerous to public safety, including "Molotov cocktails".



    Orders, rules, and regulations to control and terminate public emergency--
    Notice


    (c) Before an order, rule, or regulation promulgated under subsection (b) of this section takes effect, the Governor shall give reasonable notice of the order, rule, or regulation:

    (1) in a newspaper of general circulation in the emergency area;

    (2) through television or radio serving the emergency area; or

    (3) by circulating notices or posting signs at conspicuous places in the emergency area.


    Orders, rules, and regulations to control and terminate public emergency--
    Effect


    (d) An order, rule, or regulation promulgated under subsection (b) of this section:

    (1) takes effect from the time and in the manner specified in the order, rule, or regulation;

    (2) may be amended or rescinded, in the same manner as the original order, by the Governor at any time during the state of emergency; and

    (3) terminates when the Governor declares that the state of emergency no longer exists.


    Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003.

    And:http://weblinks.westlaw.com/Find/De...&rs=WEBL7.09&vr=2.0&spa=MDC-1000&trailtype=26
    MD Code, Public Safety, § 14-301

    West's Annotated Code of Maryland
    Public Safety

    Title 14. Emergency Management

    Subtitle 3. Governor's Emergency Powers

    >>§ 14-301. Definitions


    (b) "Energy emergency" means a situation in which the health, safety, or welfare of the public is threatened by an actual or impending acute shortage in energy resources.

    (c) "Public emergency" means:

    (1) a situation in which three or more individuals are at the same time and in the same place engaged in tumultuous conduct that leads to the commission of unlawful acts that disturb the public peace or cause the unlawful destruction or damage of public or private property;

    (2) a crisis, disaster, riot, or catastrophe; or

    (3) an energy emergency.
     

    jpk1md

    Ultimate Member
    Jan 13, 2007
    11,313
    So, lets consider for a moment.....It would have to be a Md Emergency ONLY....as soon as he declares Federal then he's prohibited by Federal Law from confiscating anything.....that was a good outcome of The NOLa debaucle.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    probably a good thing since Im willing to bet most we criminals down there that had them.

    Actually most of the people who had them taken away which the lawsuit was about were law abiding gun owners.
    The NO police tried to claim most of the thousand or more guns were "finds" in abandoned homes and such which were taken for public safety, but when there was a public hearing there were something like hundreds of people that claimed they were taken from their hands or their homes while they were in it.

    You want to see a horror? Look at the pictures in this link :sad20:
    http://alloutdoorsonline.com/gunrights.html
     

    Redneck

    Ultimate Member
    Jan 29, 2007
    7,547
    Sparrows Point
    Actually most of the people who had them taken away which the lawsuit was about were law abiding gun owners.
    The NO police tried to claim most of the thousand or more guns were "finds" in abandoned homes and such which were taken for public safety, but when there was a public hearing there were something like hundreds of people that claimed they were taken from their hands or their homes while they were in it.

    You want to see a horror? Look at the pictures in this link :sad20:
    http://alloutdoorsonline.com/gunrights.html

    I stand corrected, yea thats bad...
     

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