Georgia State Senate Passes "Katrina Law"

[redlevel]

Friday, the GA Senate passed a bill that would prohibit the National Guard or state employees from seizing guns during a declared state of emergency, except as evidence in a criminal investigation. Also, the bill as passed would not allow additional restrictions on gun possession during a state of emergency.

The vote was 40-12.

Ga. Senate passes bill on guns during emergencies | www.wsbradio.com

 

[DeadManWalking]

Friday, the GA Senate passed a bill that would prohibit the National Guard or state employees from seizing guns during a declared state of emergency, except as evidence in a criminal investigation. Also, the bill as passed would not allow additional restrictions on gun possession during a state of emergency.

The vote was 40-12.

Ga. Senate passes bill on guns during emergencies | www.wsbradio.com

I believe that should be the law of the land and not just one state.

 

[LadySmithShooter]

Friday, the GA Senate passed a bill that would prohibit the National Guard or state employees from seizing guns during a declared state of emergency, except as evidence in a criminal investigation. Also, the bill as passed would not allow additional restrictions on gun possession during a state of emergency.

The vote was 40-12.

Ga. Senate passes bill on guns during emergencies | www.wsbradio.com

YEAH!!!!! At least we are going forward. Would like to see more and faster but this is good.

 

[Afrancis]

Yeah stuff like this is wrong.
YouTube - NRA: The Untold Story of Gun Confiscation After Katrina

 

[BigG-n-Tn]

Friday, the GA Senate passed a bill that would prohibit the National Guard or state employees from seizing guns during a declared state of emergency, except as evidence in a criminal investigation. Also, the bill as passed would not allow additional restrictions on gun possession during a state of emergency.

The vote was 40-12.

Ga. Senate passes bill on guns during emergencies | www.wsbradio.com

Way to go Georgia. What happened in La is what the Founding Fathers warned about. Scary.

 

[27145]

Incredible. The Katrina situation was the textbook example on why we needed the 2nd amendment.

 

[oldman45]

I agree it is a good law but it does not go far enough to protect gun owners.

A Governor or President can seek temporary laws for the "Good of the Nation, State or Community."

Get local flooding or other limited area disaster or event where a State of Emergency is not declared (remember that the Korean Crisis of the 50's was never declared as a war) and the Mayor, Governor or President can call the shots.

Our local Mayor (Democrat, anti gun for anyone other than himself) says that during a traffic stop, the citizen loses his right to have a gun. This bill GA passed will not do anything to prevent a simple traffic stop confiscation.

 

[luangtom]

The GA House committee will hear this bill today. Let's hope it gets moved on for a full house vote soon.....

 

[redlevel]

I agree it is a good law but it does not go far enough to protect gun owners.

A Governor or President can seek temporary laws for the "Good of the Nation, State or Community."

Get local flooding or other limited area disaster or event where a State of Emergency is not declared (remember that the Korean Crisis of the 50's was never declared as a war) and the Mayor, Governor or President can call the shots.

Our local Mayor (Democrat, anti gun for anyone other than himself) says that during a traffic stop, the citizen loses his right to have a gun. This bill GA passed will not do anything to prevent a simple traffic stop confiscation.

I have always heard that Louisiana has a dysfunctional government. In Georgia, the Mayor of a city can't countermand an act passed by the legislature and signed into law by the governor. I don't know how that works in Louisiana. We have a fine state gun rights organization in Georgia that zealously guards our rights through litigation and advocacy of legislation. I think there are suits pending against some municipal and/or county governments in Georgia who have abused their authority regarding the gun rights of citizens.

Thank God for NRA and GCO.

 

[bk43]

The "confiscation" in Louisiana was perfectly legal in Louisiana and in fact all 50 states. The mayor in Shreveport is the most inarticulate politician in the history of the world but that doesn't really have anything to do with the case. A police officer has a right to secure the scene during an investigation(which a traffic stop is BTW) everywhere in the country and that is what took place here. He took control of the gun and then gave it back before sending the man on his way. Simple as that...no violation of any laws or anybody's Constitutional rights.

Bob

 

[redlevel]

The "confiscation" in Louisiana was perfectly legal in Louisiana and in fact all 50 states. The mayor in Shreveport is the most inarticulate politician in the history of the world but that doesn't really have anything to do with the case. A police officer has a right to secure the scene during an investigation(which a traffic stop is BTW) everywhere in the country and that is what took place here. He took control of the gun and then gave it back before sending the man on his way. Simple as that...no violation of any laws or anybody's Constitutional rights.

Bob

No sir. You are wrong. At least in Georgia. I am not required to notify an officer that I am carrying. It is absolutely not legal for an officer to "pat me down" without having reasonable articulable suspicion that I am committing a crime, have just committed a crime, or am about to commit a crime. That is a lower standard than Probable Cause, but it is still a standard that must be met. He can't search my vehicle beyond seeing what is in open view. Remember, we are talking a routine traffic stop here.

I take it you have not seen the videos of confiscation of firearms in New Orleans? I am going to give you the benefit of the doubt here, at least for the time being. You did not hear the audio of the Police Chief saying "no one will be allowed to be armed?" What they were talking about, and what they did, was to confiscate firearms. If you believe that should be, or is perfectly legal, you need to think about it some more.

 

[redlevel]

The "confiscation" in Louisiana was perfectly legal in Louisiana and in fact all 50 states. The mayor in Shreveport is the most inarticulate politician in the history of the world but that doesn't really have anything to do with the case. A police officer has a right to secure the scene during an investigation(which a traffic stop is BTW) everywhere in the country and that is what took place here. He took control of the gun and then gave it back before sending the man on his way. Simple as that...no violation of any laws or anybody's Constitutional rights.

Bob

From The State (GA) v. Jones,289 Ga. App. 176 (2008)

The trial court correctly found that the officer lacked a reasonable, articulable suspicion to seize a firearm in Jones's vehicle. We therefore affirm.
. . . . . . . . . . . .
Georgia decisions agree that in order to justify a search of a vehicle for weapons, some conduct on the part of the occupants such as furtive movements or other indications of danger to the officer must be shown, and the officer must have an "objectively reasonable" belief that the occupants of a vehicle are "potentially dangerous." Silva v. State, 278 Ga. 506, 508 (604 SE2d 171) (2004) (driver leaned under seat as if to conceal weapon and drove recklessly while in that position, then offered implausible explanation for his conduct.) Here, no evidence was presented of furtive movements or danger; in fact, the officer candidly acknowledged that the search was merely his standard procedure because any firearm might be stolen. On its face, as noted by Jones, this policy justifies the search of any vehicle occupied by hunters or sport shooters with their firearms, or any pickup truck with a rifle or shotgun on the rear window rack. This is precisely the danger of "carte blanche authority to `secure' all weapons during a routine traffic stop," noted by the special concurrence in Megesi, supra, 277 Ga. App. at 860.
Caselaw on GeorgiaPacking.org, THE STATE v. JONES, 289 Ga. App. 176 (2008)

Georgia is still a relatively free state.

Bob, can you show me some case law backing your assertion that a police officer has a legal right to disarm a driver in a simple traffic stop "everywhere in the country"?

Most people, even many LEOs believe this to be a fact, but it just isn't the case. There is a lot officers can do to protect themselves (see Terry v Ohio) but fishing trips during simple traffic stops isn't one of them. I used to have my Georgia Firearms License and DL in a common folder in my billfold, but no more. There are too many officers in Georgia who don't know the law. Depending on the circumstances, if an officer asks me if I have a weapon, my answer will be, "Officer, I have nothing illegal on my person or in my vehicle."

 

[jtpur]

First this was about the Georgia Senate and Im glad to hear the good news. The discussion apparently has taken on a path about confiscation of firearms by LEO's under a varitey of circumstances. I think its a good discussion.
From my experience as a retired LEO, rarely did I come across someone legally carrying a firearm......either on them or near them concealed. In those cases, I would generally arrest the person for carrying a concealed firearm or carrying a concealed weapon or under some city ordinance for what we called "Manual Possesion." At times, someone getting stopped for a traffic violation may have had a gun present legally, such as coming from a firing range, hunting etc....I never thought it necessary to disarm them for my safety. I think the courts have given officers wide latitude in preventing violence to them.
What I find interesting is this recent trend Im hearing about officers disarming citizens legally in possesion of a gun.....persons carrying guns legally, in my opinion do not pose a threat and there is no need to disarm them....I believe some states grant an officer the right to "temporarily" disarm a citizen when some officer citizen contact is taking place such as traffic violations......but I don't know specifically what States do this, or allow for it......I am not sure but I believe Florida does.....anyone who knows for sure chime in....
What concerns me is that some officers, especially wildlife officers seem to think they have to disarm every hunter they come across and have the right to search the gun for "illegal" ammunition. Im not sure if this is governed by any statue or leagl authority or just something these officers take upon themselves. There is a show on one of the cable channels dealing with "game warden" officers taking place in California and those specific guys seem to think or convey the attitude that all hunters are trying to circumvent the law, are illegally hunting and should not have guns or bulletts.....That same show also chronicles the Floria counterparts and it seems they have a much more practicle attitude towards hunters, fishers etc....I dont know why a hunter has less rights in a tent than he does in his house but I would seem to think if Im in the woods (legally of course) and in my tent, I have as much privacy expectation as I do in my own home.....I would not allow a search of my tent......anyone wanting to chime in is more than welcome...

 

[brucev]

Friday, the GA Senate passed a bill that would prohibit the National Guard or state employees from seizing guns during a declared state of emergency, except as evidence in a criminal investigation. Also, the bill as passed would not allow additional restrictions on gun possession during a state of emergency.

The vote was 40-12.

Ga. Senate passes bill on guns during emergencies | www.wsbradio.com

Very pleased. Thank God for Georgia.

 

[sheriffoconee]

Similar legislation passed out of the house and senate last year, but then Governor Perdue vetoed it....

 

[bk43]

I take it you have not seen the videos of confiscation of firearms in New Orleans? I am going to give you the benefit of the doubt here, at least for the time being. You did not hear the audio of the Police Chief saying "no one will be allowed to be armed?" What they were talking about, and what they did, was to confiscate firearms. If you believe that should be, or is perfectly legal, you need to think about it some more.

I was not refering to anything in New Orleans. The case I was refering to was in Shreveport as that is the specific case posters here are talking about. I have seen the video of it and listened to the Mayor's audio commenting on it. Have you?

A broad confiscasion of firearms, or anything else, under the guise of an "emergency" and an officer securing a scene while an investigation is under way are two very different issues in many ways. The legal issues are night and day. It's not that hard to make a distinction between them in my opinion but it does seem to be a stretch for some.

Bob

 

[redlevel]

I was not refering to anything in New Orleans. The case I was refering to was in Shreveport as that is the specific case posters here are talking about. I have seen the video of it and listened to the Mayor's audio commenting on it. Have you?

A broad confiscasion of firearms, or anything else, under the guise of an "emergency" and an officer securing a scene while an investigation is under way are two very different issues in many ways. The legal issues are night and day. It's not that hard to make a distinction between them in my opinion but it does seem to be a stretch for some.

Bob

Bob, you made a broad statement that an officer has the authority to disarm a citizen who is legally armed "in Louisiana and in fact all 50 states." I told you that isn't the case in Georgia, and quoted the decision by the Georgia Court of appeals to back up my assertion. I don't know about Shreveport, Louisiana, but in Georgia, an officer can NOT legally disarm a legally carrying citizen without Reasonable Articulable Suspicion. That case was not referring to "a broad confiscation of firearms" but to a simple traffic stop.

You are wrong, sir, at least as far as Georgia goes, and I still challenge you to cite case law that gives an officer the right to confiscate a weapon from a citizen who is legally carrying "to secure the scene."

Not your opinion. A legal basis for your opinion.

 

[michael thornton]

so the state passed this law? does fed law trump state laws? i think it does, we are not free we havent been for some time now and it will get worse!

 

[redlevel]

so the state passed this law? does fed law trump state laws? i think it does, we are not free we havent been for some time now and it will get worse!

The state hasn't passed it into law yet. The senate passed a version and the house is considering a version, unless they acted on it yesterday or today.

This is not a case of the state trying to trump Federal law. In fact, I'm proud of our legislature. Instead of grandstanding and passing laws in defiance of the Federal Government, our legislature, with the gentle goading of Georgia Carry.Org, has actually passed some legislation that has had a positive, practical effect on Georgia citizens. Three years ago I couldn't carry my weapon in the steak house we eat at because they served alcohol, even if I did not drink. Now I can. Up until last year, there was a vague "public gathering" clause in the carry laws that could be interpreted most any way a local jurisdiction wanted to interpret that. Legislation was passed that specifies places that are off-limits, removing the vague, easy to abuse public gathering clause.

It is a fact that the most oppression in the US regarding firearms law isn't by the Federal Government. If every state had Georgia's laws, it would be a whole lot better. Look at the thread running about the "sad K22" or something like that. For most gun people, the state he or she lives in is responsible for a whole lot more restrictions than is the Federal Govt.

I must have bought or sold 50-60 guns face to face with other private individuals in the last twelve months. I just got through selling $6500 of guns for a widow lady. It would have been practically impossible to have done that in all but a few "free" states. michael thornton, you are from another relatively "free" state, according to your information, so it's easy for you and me to rail at the Feds. It isn't like that for most people. People in New York or New Jersey can't blame the Feds for their restrictive laws. They have to abide by the same set of Federal laws we do in Georgia and Alabama. Most folks would do well to concentrate their efforts on their state capitals, then go to DC when they have things straightened out at home.

 

[beemerphile]

...with the gentle goading of Georgia Carry.Org, has actually passed some legislation that has had a positive, practical effect.

GCO is a great organization. NRA should emulate them.