State of emergency in Texas?

[Texan2]

There has been a fair amount of discussion on cities and states that have clauses in the law to allow the disarming of citizenry during a declared "state of emergency". I have heard that Perry signed into law a bill that prevented this from happening in Texas...

Can anyone confirm this?

 

[Shorts]

I seem to recall it. Can't remember the name/bill number off the top of my head though.

 

[300shooter]

he signed it after katrina and what N.O. did. I am looking for the date and number now

 

[oldguy]

OReilly was talking with an Oathkeeper on this subject (not directed at Texas) OReilly appeared IMO to say that citizens had no right to be armed in a state of emergency however I've noticed of late he has made some very strange statements perhaps he is worried about the Lou Dobbs effect.

 

[Texan2]

OReilly was talking with an Oathkeeper on this subject (not directed at Texas) OReilly appeared IMO to say that citizens had no right to be armed in a state of emergency however I've noticed of late he has made some very strange statements perhaps he is worried about the Lou Dobbs effect.

LOL...saw the same show and posted another thread in reference to the Oath Keepers.
I think though what O'reilly was saying, (and I don't neccesarily agree with him) was that IF the law said that we can be disarmed AND no court has overturned that law, then it is legal. I believe that he also said that he didn't agree with the actual disarming of citizens, only that it was legal until a court deemed otherwise. He was trying to show that we have a system of laws in place and that even things that seem ridiculus aren't illegal or unconstitutional until a court says so.

 

[SiscoKid]

Saw the O'Reilly show and he pissed me off. He's getting into territory that a New Yorker don't know Jack about. Guns.

He said that if a state of emergency was declared and if the gov or mayor, said weapons have to be confiscated, that it's the law and must be carried out.

Then the next segment, about the Iowa law that said a 17 year old can dance in a strip club, he went ballistic and said "never mind that law, it's a bad law".

Can't have it both ways.

 

[oldguy]

quote(I believe that he also said that he didn't agree with the actual disarming of citizens,)quote

I missed that if he added that statement then i understand.

Quote(Then the next segment, about the Iowa law that said a 17 year old can dance in a strip club, he went ballistic and said "never mind that law, it's a bad law".)quote

That was my feeling also he is picking the laws he prefers,but the east coast elitist pops out on occasion..

 

[BT1911]

There has been a fair amount of discussion on cities and states that have clauses in the law to allow the disarming of citizenry during a declared "state of emergency". I have heard that Perry signed into law a bill that prevented this from happening in Texas...

Can anyone confirm this?

It's on his campaign website. See third bullet.

History of SB 112.

 

[Texan2]

It's on his campaign website. See third bullet.

History of SB 112.

Exactly what I was looking for...thanks

 

[cougartex]

Texas law: Government Code Chapter 433, State of Emergency:
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.

You can find the law here: http://www.statutes.legis.state.tx.us/

GC 433.045 states that
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.

 

[Major Woody]

The best protection is a remote location. In six months I'm going to disappear.

 

[RetArmySgt]

Texas law: Government Code Chapter 433, State of Emergency:
GC 433.045 states that ...

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.

The last part is the part that was being used in N.O. they were claiming it was for the security of the officers. Thats the part i do not like about the whole thing and just about every law there is room for "officer discretion"

 

[Texan2]

Thats the part i do not like about the whole thing and just about every law there is room for "officer discretion"

While on the surface you may think you dont like it, I would bet after some thought the idea of "officer discretion" isn't so bad.
There are plenty of traffic stops that result is a warning. Take out the officer discretion and EVERY traffic stop would result in a citiation. Would you want a ticket everytime you have a tail light out?
There are plenty of folks that may be borderline intoxicated and an officer lets a sober friend drive them home. When a kid steals a candy bar and the cop takes him home to dad who makes sure that it never happens again.....Is it right to do? Who knows.
What people typically dont like is when "officer discretion" doesn't go THEIR way. When the general public gets a break...they love "officer discretion"

 

[willygene]

Well said Texascop2

 

[SIG_Fiend]

If you all read 433.002 again you'll see that 433.045 is only in regards to confiscation. 433.002 will still allow for control of the sale of firearms and ammo, thus allowing a ban on all sales under a state of emergency. There is still reason to be concerned.

 

[RetArmySgt]

Im not sayig that officer discretion is a bad thing. Im saying putting it in the law as a loophole is what i dont like. I guess i worded my first post wrong.

 

[Texan2]

Im not sayig that officer discretion is a bad thing. Im saying putting it in the law as a loophole is what i dont like. I guess i worded my first post wrong.

I understand, but I am sure you see while it has to be there. Example: Man with big gun is ranting and raving because the grocery store is out of bottled water, perhaps he is behind on his sleep, perhaps he forgot his meds, but for whatever reason, he is acting like a loon. Officer coomes in and hears the guy mention he doesn't leave the house without his gun. For EVERYONES safety the Officer would be remiss if he did not disarm this guy while he got to the bottom fo what was going on.

And whether Texas has a "no confiscate" law or not, in a real bad emergency the Feds can come in and take whatever they want. They operate under their own set of rules/

 

[willygene]

they dont have enough people to go around disarming people at their homes and probably dont wont try it. i dont know any local officers here who go out and do it they would be trying to keep theirs as well.if that time comes you will see all hell break loose in this country but hopefully it wont happen in our life time.

 

[Freedom1911]

Short as they may be. Isn't that exactly what they did in NO. Go door to door and take guns.
No they did not do it to all the homes and businesses in NO but even one is to many when the act is a violation of the Second Amendment.

And the actions in NO were flat illegal.

 

[willygene]

your right 1911 but this aint No La its Texas and the leos here are a little different bread than there, the corruption there was unreal i worked there during the clean up and all of us there carried guns and they knew it and they didnt try to take our guns. And if you look at the news you know the idiots that stayed were not the only ones looting. I feel the same about La as i do about Commifornia. I dont fear our local leos doing the same here. Nor do i care to go back to No the people who left aint going back and the ones who stayed didnt give a damn about the people who were there to help.