Poll: State of Emergency 2A suspension

As the name indicates, this is the place for gun-related political discussions. It is not open to other political topics.

Moderators: carlson1, Charles L. Cotton

If your state declared a SOE and temporarily suspended your right to carry, what would you do?

I would carry anyway - no doubt about it
69
78%
I would obey the temporary law - however unconstitutional it may be
2
2%
Can't say without more specific circumstantial information
18
20%
 
Total votes: 89

User avatar
terryg
Senior Member
Posts: 1719
Joined: Sat Jul 03, 2010 12:37 pm
Location: Alvin, TX

Poll: State of Emergency 2A suspension

Post by terryg »

Mods: If this is in the wrong area, please move ...

In reference to:
viewtopic.php?f=9&t=37598&p=446689&hili ... ds#p446689" onclick="window.open(this.href);return false;

Reading the news that North C. gov suspend 2A rights as part of the state of emergency declaration for Earl got me wondering. I know Texas has attempted to preclude this sort of actions, but laws can be changed on a whim. So I am wondering - if you are willing to share, what would you do?

If the sate you were currently living in temporarily suspend your right to carry as part of a state of emergency, would you ignore it? I'm not talking about rounding up weapons from homes like in Katrina. But exactly like NC has done - what would you do?
... this space intentionally left blank ...
User avatar
Kythas
Senior Member
Posts: 1685
Joined: Wed Feb 20, 2008 10:06 am
Location: McKinney, TX

Re: Poll: State of Emergency 2A suspension

Post by Kythas »

I would argue that a right is inalienable and can't be suspended. But we all know how that argument would go.
“I’m all in favor of keeping dangerous weapons out of the hands of fools. Let’s start with typewriters.” - Frank Lloyd Wright

"Both oligarch and tyrant mistrust the people, and therefore deprive them of arms" - Aristotle
User avatar
Pawpaw
Senior Member
Posts: 6745
Joined: Sat Jun 19, 2010 11:16 am
Location: Hunt County

Re: Poll: State of Emergency 2A suspension

Post by Pawpaw »

IMO, in a SOE there is an even greater need to protect yourselves & loved ones because of all the lowlifes that come out of the woodwork and try to take advantage of the situation.

I will be even more heavily armed that usual and, if necessary, I'll defend my position in court. Better that than to be a casualty.
Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence. - John Adams
User avatar
karl
Senior Member
Posts: 539
Joined: Tue Sep 08, 2009 2:54 am
Location: Houston

Re: Poll: State of Emergency 2A suspension

Post by karl »

I would carry.

I'm not an expert in the law but wouldn't the supremacy clause be used to nullify this suspension? The 2A applies all the time and can't be "taken away" temporarily. Could this be done with other rights?
The spirit of resistance to government is so valuable on certain occasions, that I wish it to be always kept alive. It will often be exercised when wrong, but better so than not to be exercised at all. I like a little rebellion now and then. It is like a storm in the atmosphere. -Thomas Jefferson
dicion
Senior Member
Posts: 2099
Joined: Tue May 05, 2009 9:19 pm
Location: Houston Northwest

Re: Poll: State of Emergency 2A suspension

Post by dicion »

karl wrote:I would carry.

I'm not an expert in the law but wouldn't the supremacy clause be used to nullify this suspension? The 2A applies all the time and can't be "taken away" temporarily. Could this be done with other rights?
How well do you think it would go over if it were said that, during a declared emergency, It was declared that Freedom of Speech and Religon were no longer allowed, you can now be unreasonably searched and siezed, and you can't vote in any election.

I think it would not go over well at all....
User avatar
karl
Senior Member
Posts: 539
Joined: Tue Sep 08, 2009 2:54 am
Location: Houston

Re: Poll: State of Emergency 2A suspension

Post by karl »

dicion wrote:
karl wrote:I would carry.

I'm not an expert in the law but wouldn't the supremacy clause be used to nullify this suspension? The 2A applies all the time and can't be "taken away" temporarily. Could this be done with other rights?
How well do you think it would go over if it were said that, during a declared emergency, It was declared that Freedom of Speech and Religon were no longer allowed, you can now be unreasonably searched and siezed, and you can't vote in any election.

I think it would not go over well at all....
Sorry for the lack of clarity, I meant this to make the point you made: it wouldn't happen with other "more popular" amendments. :tiphat:
The spirit of resistance to government is so valuable on certain occasions, that I wish it to be always kept alive. It will often be exercised when wrong, but better so than not to be exercised at all. I like a little rebellion now and then. It is like a storm in the atmosphere. -Thomas Jefferson
User avatar
Barbi Q
Senior Member
Posts: 214
Joined: Fri Sep 03, 2010 1:17 pm

Re: Poll: State of Emergency 2A suspension

Post by Barbi Q »

I wouldn't open carry off my property in that situation but concealed is concealed.
If anyone is raped, beaten or murdered on a college campus from this day forward
The senators who blocked SB 354 from being considered on 4/7/11 and
The members of the house calendar committee who haven't scheduled HB 750
Have the victims' blood on their hands.
User avatar
Liberty
Senior Member
Posts: 6343
Joined: Mon Jul 03, 2006 8:49 pm
Location: Galveston
Contact:

Re: Poll: State of Emergency 2A suspension

Post by Liberty »

Just to make it clear to folks who might be just stopping buy. The North Carolina thing could not happen in Texas, Any such pronouncement by a Governor would be clearly illegal.
I dare say I believe that in times of wholesale disaster and confusion, it is irresponsible for any citizen to be caught unarmed. Particularly if one is responsible for others that may not be able to defend themselves. During these time the bad guys are stil out there, but there might not be any LEO to come to your aide.
Liberty''s Blog
"Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom." John F. Kennedy
User avatar
Hoi Polloi
Senior Member
Posts: 1561
Joined: Tue Jun 22, 2010 9:56 pm
Location: DFW

Re: Poll: State of Emergency 2A suspension

Post by Hoi Polloi »

What is the Texas law that forbids this?
Pray as though everything depended on God. Work as though everything depended on you. -St. Augustine
We are reformers in Spring and Summer; in Autumn and Winter we stand by the old;
reformers in the morning, conservers at night. - Ralph Waldo Emerson
Mike1951
Senior Member
Posts: 3532
Joined: Fri Dec 02, 2005 3:06 am
Location: SE Texas

Re: Poll: State of Emergency 2A suspension

Post by Mike1951 »

Liberty wrote:Just to make it clear to folks who might be just stopping buy. The North Carolina thing could not happen in Texas, Any such pronouncement by a Governor would be clearly illegal.
I dare say I believe that in times of wholesale disaster and confusion, it is irresponsible for any citizen to be caught unarmed. Particularly if one is responsible for others that may not be able to defend themselves. During these time the bad guys are stil out there, but there might not be any LEO to come to your aide.
Just to clarify, the NC Governor has nothing to do with the restricting of firearms possession.

The NC legislature, in years past, created the statute that is automatically triggered in the event of a state of emergency being declared.

All the Governor did was to make the SOE declaration in anticipation of hurricane Earl.
Mike
AF5MS
TSRA Life Member
NRA Benefactor Member
User avatar
Beiruty
Senior Member
Posts: 9655
Joined: Tue Aug 12, 2008 9:22 pm
Location: Allen, Texas

Re: Poll: State of Emergency 2A suspension

Post by Beiruty »

Maybe their CHL or the concealed carry permit would be suspended. However, no one is taking the guns from home/cars. Questionable. In Katrina like environment, one has to be armed all the time. Most likely laws enforcement are nill till Millitary is on the scene.
Beiruty,
United we stand, dispersed we falter
2014: NRA Endowment lifetime member
lrb111
Senior Member
Posts: 1551
Joined: Sat Feb 25, 2006 9:48 pm
Location: Odessa

Re: Poll: State of Emergency 2A suspension

Post by lrb111 »

Hoi Polloi wrote:What is the Texas law that forbids this?
The law went into effect September 1, 2007.

SB-112: Emergency Powers Act Amendments

This law limits the powers of municipalities to seize or confiscate firearms in times of emergency. Its intent is to prevent Katrina-style civilian disarmament in Texas. It went into immediate effect.

http://www.gunlaws.com/TXBills2007/SB00112F.doc" onclick="window.open(this.href);return false;
Ø resist

Take away the second first, and the first is gone in a second.

NRA Life Member, TSRA, chl instructor
bdickens
Senior Member
Posts: 2807
Joined: Fri Feb 29, 2008 10:36 am
Location: Houston

Re: Poll: State of Emergency 2A suspension

Post by bdickens »

I will not answer the poll question, but I will say that the Second Amendment is for emercencies.
Byron Dickens
User avatar
hangfour
Senior Member
Posts: 269
Joined: Tue Jun 15, 2010 2:15 pm
Location: Austin,TX

Re: Poll: State of Emergency 2A suspension

Post by hangfour »

I equate my "right to carry" with my right to defend myself against deadly threat. How could my right to defend myself be temporarily removed?
There is an afterlife - what we do here matters!
Kahr pm9 (mama-bear)
Kimber pro CDP II (papa-bear)
S&W 38 special airweight (baby-bear)
User avatar
WildBill
Senior Member
Posts: 17350
Joined: Tue Jul 03, 2007 12:53 pm
Location: Houston

Re: Poll: State of Emergency 2A suspension

Post by WildBill »

hangfour wrote:I equate my "right to carry" with my right to defend myself against deadly threat. How could my right to defend myself be temporarily removed?
By armed and overzealous LEOs.
NRA Endowment Member
Post Reply

Return to “Gun and/or Self-Defense Related Political Issues”