Firearm Confiscation In Moore

[Fyrtwuck]

I did see that one. Again, I'm not trying to dispute it because I have no evidence to the contrary, but their mention of the OKNG doesn't exactly prove it do either. What I mean to say is, I don't want to see our guardsmen being considered guilty of it simply because they were there.

One way or the other, if the OP's information is 100% accurate, then citizens across the state need to be screaming for swift justice.

If I read the statute correctly, the only swift justice that would be available is a suit filed with possible "relief". The person or agency head that confiscates or causes to be confiscated would not be arrested, but subject to suit.

Is that a correct Interpretation?

 

[O4L]

I keep hearing on the news, referring to the National Guard watching for looters, "You loot, they shoot".

Does anyone know if the NG is even armed?

If they are, I wonder if they gave them any ammo.

 

[Shadowrider]

I keep hearing on the news, referring to the National Guard watching for looters, "You loot, they shoot".

Does anyone know if the NG is even armed?

If they are, I wonder if they gave them any ammo.

I haven't seen one yet, and I've seen a bunch. I wouldn't be surprised one bit if this turns out to be true with all the rest of the "nanny statism" being practiced down here.

 

[SMS]

I keep hearing on the news, referring to the National Guard watching for looters, "You loot, they shoot".

Does anyone know if the NG is even armed?

If they are, I wonder if they gave them any ammo.

I went down today to bring a friend a generator and gas cans. The few checkpoints I went through, all the NG troops I saw were armed...with a State Trooper or local cop. LOL.

Other than that they were only wearing reflective belts.

 

[Freedom@AnyCost]

If I read the statute correctly, the only swift justice that would be available is a suit filed with possible "relief". The person or agency head that confiscates or causes to be confiscated would not be arrested, but subject to suit.

Is that a correct Interpretation?

You are correct the statute has no teeth. It gives the victim a chance to get their firearms back if they can afford a lawyer long enough to take on and defeat the State through the legal system, but offers nothing to those without the resources to take on the state - 90% of the population.

Nothing in the statute provides for criminal prosecution of government agents for violating the law or states the victim has the right to defend themselves with force at point of contact. The civil costs, assuming the victims win a court battle, would be born by the state (taxpayers).

And further, the law applies only to State Government agents. It offers no protection from agents operating under the authority of the Federal Government. Since the president can take control of the National Guard with the swipe of a pen, putting them outside the authority of this law, it is virtually meaningless as currently written.

In short, the law is purely for show unless the people of Oklahoma put pressure on their State Legislature to give the law some teeth (see post 17).

 

[dennishoddy]

ok, This is a rough draft of how the law should read.

What does the actual law passed say? I thought this was taken care of already, and like has been said, anybody in violation of confiscating weapons during a disaster should face the court system


QRough Draft of how th law should read:


21 O.S. 2011, Section 1321.4

B. Notwithstanding this section or any other law of this state, neither the Governor nor any official of a municipal or state entity nor any agent acting on behalf of nor under the direction of any branch, agency or department of the Federal Government shall prohibit or suspend the sale, ownership, possession, transportation, carrying, transfer and storage of firearms, ammunition and ammunition accessories during a declared state of emergency, that are otherwise legal under state law.

C. Any violation of the statute will hereby be considered by this subsection of the statute to be a Violent Felony Assault punishable by the state statutes applicable to such violent offenses in addition to the civil remedies available to the aggrieved in the following subsection. Further, as with any felony assault, the aggrieved may use force, to the extent necessary, as permitted under the Stand Your Ground Law, to the extent necessary to retain defensive property reference by this section, considered absolutely necessary for protection of life, limb and property during a natural disaster.

D. Any individual aggrieved by a violation of subsection B of this section may seek relief in an action at law or in equity for redress against any person who subjects such individual or causes such individual to be subjected to an action prohibited by subsection B of this section. In addition to any other remedy at law or in equity, an individual aggrieved by the seizure or confiscation of a firearm or ammunition in violation of subsection B of this section may bring an action for the return of such firearm or ammunition in the district court of the county in which that individual resides or in which such firearm or ammunition is located. In any action or proceeding to enforce the provisions of this section, the court shall award the prevailing plaintiff costs and reasonable attorney fees.

 

[Freedom@AnyCost]

Dennis,

See post 13 for copy of the law as it stands. I revised Post 17, under lining parts that do not currently exist in the law. Perhaps it would be a good idea to delete your repost of post 17 and simply refer back to it to prevent further confusion (or at least update it with the revised version).

 

[pen25]

so we can say that #1 no guns are being taken. and #2 this is all just hearsay. I can honestly say that a friend of mine retrieved his guns and ammo from his safe while being watched by the nat guard today. after the guns were retrieved he unbolted the safe loaded it up on a trailer and loaded the guns back in the safe. he did have to show id and proof he lived there.

 

[Defnestor]

Remember when the National Guard was supposed to PREVENT looting?

 

[dennishoddy]

Dennis,

See post 13 for copy of the law as it stands. I revised Post 17, under lining parts that do not currently exist in the law. Perhaps it would be a good idea to delete your repost of post 17 and simply refer back to it to prevent further confusion (or at least update it with the revised version).

I did:
Re: Firearm Confiscation In Moore
21 O.S. 2011, Section 1321.4

B. Notwithstanding this section or any other law of this state, neither the Governor nor any official of a municipal or state entity shall prohibit or suspend the sale, ownership, possession, transportation, carrying, transfer and storage of firearms, ammunition and ammunition accessories during a declared state of emergency, that are otherwise legal under state law.
D. Any individual aggrieved by a violation of subsection B of this section may seek relief in an action at law or in equity for redress against any person who subjects such individual or causes such individual to be subjected to an action prohibited by subsection B of this section. In addition to any other remedy at law or in equity, an individual aggrieved by the seizure or confiscation of a firearm or ammunition in violation of subsection B of this section may bring an action for the return of such firearm or ammunition in the district court of the county in which that individual resides or in which such firearm or ammunition is located. In any action or proceeding to enforce the provisions of this section, the court shall award the prevailing plaintiff costs and reasonable attorney fees.

What did I miss?

so we can say that #1 no guns are being taken. and #2 this is all just hearsay. I can honestly say that a friend of mine retrieved his guns and ammo from his safe while being watched by the nat guard today. after the guns were retrieved he unbolted the safe loaded it up on a trailer and loaded the guns back in the safe. he did have to show id and proof he lived there.

This is what I figured. Lots of reports of things that never happened. If anybody gets any actual reports with public record access, post em up.