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KRS involving Martial Law and Firearms?

Tango Down

New member
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Mar 20, 2019
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Hey gang. It's been quite awhile since I was here last, over 4 years I think. I was originally NeuroBlades but after serious health issues, I wasn't able to recall the password. LOL

Anyway, years ago when I was active on here, I remember a KRS that reaffirm the Second Amendment Rights of Kentucky citizens to retain ALL firearms, firearms related parts, ammo, etc. Now I can't recall the KRS number though. Anyone know this piece of information?
 

Tango Down

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Mar 20, 2019
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That last one was the ticket! I have been involved in a few firearms related discussions and the topic of martial law was mentioned. I knew that KY had created a law to prevent what happened in New Orleans during Hurricane Katrina from happening here in KY. I just wasn't able to remember exactly where it was in the KRS. Thank you so much. :)
 

solus

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Aug 22, 2013
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I wonder if those people in New Orleans during Hurricane Katrina got their guns back.

If I remember right some did some didn't.

2015 article, quote:
This much is true: Among the flailing, ineffective, often extrajudicial responses New Orleans authorities mounted after Katrina’s landfall, one was to attempt to keep guns, legal or otherwise, off the streets. It started as disorder spread two days after the hurricane slammed Louisiana, when an AP reporter witnessed police asking fleeing residents “to give up any guns they had before they boarded buses and trucks because police desperately needed the firepower.”

A week later, New Orleans police superintendent Edwin P. Compass III earned infamy with a widely publicized call for blanket confiscation. “Only law enforcement are allowed to have weapons,” he decreed, a policy formed and carried out incompetently, with little regard for legal implications in the storm-blown leadership vacuum.

Brannon LeBouef, a shooting instructor and security consultant, was a New Orleans Marine veteran and reserve police officer who participated in the storm response.

LeBouef’s recollections track with New Orleans police records. Shortly after the storm, the NRA and other gun groups sued the city police department, eventually reaching a court-brokered settlement that required the police to return confiscated guns to their rightful owners. The department revealed it had taken 552 guns into custody.

Gordon Hutchinson, part of the legal team that tried to inventory the confiscated weapons, estimated that police had collected several thousand more guns before a federal court halted the seizures on September 23. But whether by theft or incompetence, most weapons — the more desirable and valuable ones — had never made it into the department’s coffers; the 552 that remained to be claimed by their owners were mostly inoperable junk guns. Either way, in a city of nearly half a million, where gun possession had always been popular (and exploded after the storm), that doesn’t amount to a totalitarian power grab.

...it’s vital to “look at what really happened and attempt to view the incidents in context.” The context suggests that Katrina was an outlier in myriad ways. Hutchinson has gathered scads of stories from gun owners alleging that even before Katrina, they had had their legal guns taken, usually without receipts or records, by New Orleans police in routine stops — a practice one attorney called “armed robbery by cop.”

It was part of a pattern of corruption and violation of civil rights by police that the U.S. Justice Department cited in a blistering 2011 report on breakdowns that led to law enforcement’s uneven response during Katrina. “For too long, the [New Orleans police] department has been largely indifferent to widespread violations of law and policy by its officers,” that report concluded. For all the excesses attributed to law enforcement in recent years, few agencies could have been as blasé about violating citizens’ Second, Fourth, and Fourteenth Amendment rights as New Orleans was before and during the floods.

Ad hoc gun seizures are also unlikely to happen there, or anywhere else, again. On the heels of that DOJ investigation, the city’s police department made sweeping reforms. President Bush signed bipartisan legislation “to prohibit the confiscation of a firearm during an emergency or major disaster,” except temporarily “as a condition for entry into any mode of transportation used for rescue or evacuation.”


‘If I remember right...’ & ‘I wonder...’

Truly only serves to propagate biased mis-information, gossip as the term is called ~ doesn’t it?
 

color of law

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Oct 7, 2007
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42 U.S. Code § 5207. Firearms policies

Read it closely. It does not say a federal employee can't confiscate your guns.
If that were true the law would say no federal employee has authority to confiscate or assist in the confiscation of any firearm under any circumstance during a local, state or national emergency, declared or not.
 

Tango Down

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Mar 20, 2019
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This is what I was referring to.


CHAPTER 237 - FIREARMS AND DESTRUCTIVE DEVICES
237.104 Rights to acquire, carry, and use deadly weapons not to be impaired -- Seizure of deadly weapons prohibited
 

solus

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here nc
237-104 new statute was enacted in 2006 and the original statute title was:
KRS 237.104 Rights to acquire, carry, and use deadly weapons not to be impaired during disaster or emergency — Seizure of deadly weapons during disaster or emergency prohibited —
(1) No person, unit of government, or governmental organization shall, during a period of disaster or emergency...
(2) No person, unit of government, or governmental organization shall, during a period of disaster or emergency...

I am unable to find any statutory notational change of the title....
 

Ghost1958

Regular Member
Joined
Nov 5, 2015
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Kentucky
I would think the Fed would qualify as a unit of gov and any federal agent a person.

Also note the statute says "or at any other time".
 
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