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You can find the law here: http://www.statutes.legis.state.tx.us/" onclick="window.open(this.href);return false;Sec. 433.002. ISSUANCE OF DIRECTIVES. (a) After a state of emergency is proclaimed, the governor may issue reasonable directives calculated to control effectively and terminate the emergency and protect life and property....
(b) The directive may provide for:
(1) control of public and private transportation in the affected area;
(2) designation of specific zones in the affected area in which, if necessary, the use and occupancy of buildings and vehicles may be controlled;
(1) control of public and private transportation in the affected area;
(2) designation of specific zones in the affected area in which, if necessary, the use and occupancy of buildings and vehicles may be controlled;
(3) control of the movement of persons;
(4) control of places of amusement or assembly;
(5) establishment of curfews;
(6) control of the sale, transportation, and use of alcoholic beverages, weapons, and ammunition, except as provided by Section 433.0045; and
(7) control of the storage, use, and transportation of explosives or flammable materials considered dangerous to public safety.
To the best of my knowledge, these provisions have never been put into effect in Texas. In that case, the obvious contradictions have not been tested in court.A directive issued under this chapter may not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.
(b) A peace officer who is acting in the lawful execution of the officer's official duties during a state of emergency may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual.
seamusTX wrote:Just FYI, Texas law has similar provisions: Government Code Chapter 433, State of Emergency:You can find the law here: http://www.statutes.legis.state.tx.us/" onclick="window.open(this.href);return false;Sec. 433.002. ISSUANCE OF DIRECTIVES. (a) After a state of emergency is proclaimed, the governor may issue reasonable directives calculated to control effectively and terminate the emergency and protect life and property....
(b) The directive may provide for:
(1) control of public and private transportation in the affected area;
(2) designation of specific zones in the affected area in which, if necessary, the use and occupancy of buildings and vehicles may be controlled;
(1) control of public and private transportation in the affected area;
(2) designation of specific zones in the affected area in which, if necessary, the use and occupancy of buildings and vehicles may be controlled;
(3) control of the movement of persons;
(4) control of places of amusement or assembly;
(5) establishment of curfews;
(6) control of the sale, transportation, and use of alcoholic beverages, weapons, and ammunition, except as provided by Section 433.0045; and
(7) control of the storage, use, and transportation of explosives or flammable materials considered dangerous to public safety.
GC 433.045 states thatTo the best of my knowledge, these provisions have never been put into effect in Texas. In that case, the obvious contradictions have not been tested in court.A directive issued under this chapter may not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.
(b) A peace officer who is acting in the lawful execution of the officer's official duties during a state of emergency may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual.
- Jim
Indeed, please provide proof of that statement. Of course with the power out city wide, no one would have noticed, or cared.seamusTX wrote:Show me.
- Jim
I believe you are confusing the banning of confiscation with the prohibition of selling or trading that has been in affect for a long time.killerfly128 wrote:seamusTX wrote:Just FYI, Texas law has similar provisions: Government Code Chapter 433, State of Emergency:You can find the law here: http://www.statutes.legis.state.tx.us/" onclick="window.open(this.href);return false;Sec. 433.002. ISSUANCE OF DIRECTIVES. (a) After a state of emergency is proclaimed, the governor may issue reasonable directives calculated to control effectively and terminate the emergency and protect life and property....
(b) The directive may provide for:
(1) control of public and private transportation in the affected area;
(2) designation of specific zones in the affected area in which, if necessary, the use and occupancy of buildings and vehicles may be controlled;
(1) control of public and private transportation in the affected area;
(2) designation of specific zones in the affected area in which, if necessary, the use and occupancy of buildings and vehicles may be controlled;
(3) control of the movement of persons;
(4) control of places of amusement or assembly;
(5) establishment of curfews;
(6) control of the sale, transportation, and use of alcoholic beverages, weapons, and ammunition, except as provided by Section 433.0045; and
(7) control of the storage, use, and transportation of explosives or flammable materials considered dangerous to public safety.
GC 433.045 states thatTo the best of my knowledge, these provisions have never been put into effect in Texas. In that case, the obvious contradictions have not been tested in court.A directive issued under this chapter may not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.
(b) A peace officer who is acting in the lawful execution of the officer's official duties during a state of emergency may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual.
- Jim
Wrong (i think), if I recall correctly the last large huracane to roll through Houston brought these laws into effect.
Broadcast radio still worked fine, if you had a battery-powered radio or generator.frazzled wrote:Of course with the power out city wide, no one would have noticed, or cared.
Of course batteries don't last for weeks...seamusTX wrote:Broadcast radio still worked fine, if you had a battery-powered radio or generator.frazzled wrote:Of course with the power out city wide, no one would have noticed, or cared.
There was no prohibition on carrying firearms or the sale of alcoholic beverages, ammunition, or firearms after Ike.
The convenience stores that sell beer got back into business within days. Selling ammunition or firearms was moot, as all the places that sold them before Ike were damaged and closed.
The only emergency provision that I am aware of was the dusk-to-dawn curfew in the City of Galveston (which was selectively enforced).
- Jim
Car batteries do, if they are in a car that runs. :^)frazzled wrote:Of course batteries don't last for weeks...
seamusTX wrote:Show me.
- Jim
Looks like I wasnt off base lol. Where did you end up finding it?seamusTX wrote:It does seem the mayor of Baytown declared a curfew and a ban on the sale of firearms after Ike.
These meeting minutes indicate that it was lifted on October 3, 2009. I can't find any other information about it.
I don't know (1) whether he had the authority to do so, since Perry had not authorized that particular provision, or (2) whether the ban on firearms had any effect, as that area was a mess at the time and most businesses were closed.
That's the only case that I have heard of.
- Jim
seamusTX wrote:Oops. I forgot to copy the URL: http://www.baytown.org/NR/rdonlyres/B24 ... inutes.pdf" onclick="window.open(this.href);return false;
The mention of the curfew and firearms sales ban is on the last page.
- Jim