Arizona bill to avoid Katrina-like confiscation

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AZRickD

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This will be yet another opportunity for "moderate" governor Janet Napolitano (and Veep wannabee) to run for cover. She doesn't want these kinds of bill on her desk which would force her to sign or veto, and expose her from one side or the other.

Rick


"Emergency Powers" Is No Excuse To Disarm Citizens
-- Insist that your rights be protected just when you need them most

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org

Wednesday, February 22, 2006


Good News!

Following egregious examples of anti-gun misbehavior by the New
Orleans police during the "state of emergency" there, an Arizona
state senator has introduced legislation to insure the same thing
doesn't happen in The Grand Canyon State.

SB 1425 -- introduced by Sen. Dean Martin (Dist. 6) -- would change
state law to prohibit the confiscation of firearms and ammunition
during a state of emergency. The bill has passed out of committee by
a vote of 5-2, and it could be taken up by the full Senate at any
time.

You may recall that during the Hurricane Katrina debacle, video
documentation surfaced showing that officials were disarming
law-abiding gun owners who were doing nothing more than keeping their
self-defense firearms available to protect their property and loved
ones. (You can view this disgusting footage at
www.gunowners.org/notb.htm on the GOA website.)

Gun owner outrage led to the courts in Louisiana insisting that the
practice cease -- after the fact -- but to keep it from happening
again, officials need to be specifically prohibited from even TRYING
it. Most states have "emergency powers" laws, and THAT is the hook
anti-gun officials use to take away your guns just when you need them
most.

Sure, we can argue till we're blue in the face that the Second
Amendment alone protects against such outrageous government behavior.
Consider, however, that a state law specifically prohibiting any
official from confiscating firearms in an emergency isn't something
that is subject to debate... it's the law.

SB 1425 would change the law of Arizona to specifically make this
kind of egregious activity illegal. The bill has moved out of
committee, and could be taken up by the full Senate at any time.
That is why your senator needs to hear from you today.

This year, one of GOA's highest priorities at the state level is to
address the problems with so-called "emergency powers" across the
country. GOA-supported bills that will make it absolutely certain
that no state official could disarm the citizenry during an emergency
are currently pending in several states.

It all started when GOA supplied video footage to Rep. Steve Scalise
of Louisiana, after he had received reports of disarmament. The
video was shown in conference during a Special Session of the
legislature dealing with Katrina fallout, and the result was a 97-0
vote REQUIRING the legislature to decide on GOA-approved legislation
during Louisiana's normal session later this spring.

Meanwhile, the national movement is growing steadily. Similar bills
can be found in states like MS, NH, AK, VA, OH, and others... with
several bills being introduced by legislators who are GOA members.

An opportunity like SB 1425 cannot be left to the whims of
politicians and the popular press -- gun owners have to make the
difference as anti-gun and media scrutiny continues to increase.

ACTION: Please contact your state senator and ask him to support SB
1425. You can use the pre-written letter below -- and your senator's
e-mail in the roster that is provided -- to help direct your comments
to him.

You can find out who your state senator is by using the GOA Legislative
Action Center at http://www.gunowners.org/activism.htm and then typing
your zip code into the Elected Officials box.? After that, click on the
highlighted "state" link to see who your state senator is.


----- Pre-written message -----

Dear Senator,

Now that SB 1425 has passed out of committee, I urge you to support
when it comes before the full Senate. This bill is extremely
necessary, as it would prohibit the unlawful and unconstitutional
confiscation of firearms during a "state of emergency."

The bill would outlaw police misbehavior such as the outrageous
conduct in New Orleans following Hurricane Katrina, which was soundly
rebuked by the courts.

Please work to make certain that no anti-gun amendments are allowed
on this important bill.

Unlike some parts of the country, we in Arizona value the right to
keep and bear arms. Again, please reinforce this right by supporting
SB 1425.

Sincerely,



*****************************************************************

Arizona Senate

Name????? Dis??E-mail?????????? ? ?Phone (602) Fax (602)

Bennett??? 01 [email protected] 926-5584? 926-3429
Hale????? ?02 [email protected] 926-4323? 417-3160
Gould???? ?03 [email protected] 926-4138 ?417-3165
Harper??? ?04 [email protected] 926-4178? 417-3154
Flake????? 05 [email protected] 926-5219 ?417-3223
Martin???? 06 [email protected] 926-5284? 417-3163
Waring??? ?07 [email protected] 926-4916 ?417-3150
Allen????? 08 [email protected] 926-4480 ?417-3155
Burns??? ? 09 [email protected] 926-5993 ?417-3225
Gray?????? 10 [email protected] 926-3376 ?417-3253
Leff?????? 11 [email protected] 926-4486 ?417-3170
Blendu??? ?12 [email protected] 926-5955 ?417-3168
Miranda?? ?13 [email protected] 926-5911 ?417-3171
Brotherton 14? [email protected] 926-4485? 926-3429
Cheuvront? 15 [email protected] 926-5325? 417-3149
Aguirre??? 16 [email protected] 926-3830? 417-3145
Mitchell?? 17 [email protected] 926-4124? 417-3164
Johnson??? 18 [email protected] 926-3160? 417-3151
Jarrett??? 19 [email protected] 926-5288? 417-3161
Huppenthal 20? [email protected] 926-5261? 417-3157
Tibshraeny 21? [email protected] 926-4481? 417-3152
Verschoor ?22?? [email protected] 926-4136??417-3222
Rios?????? 23?? [email protected] 926-5685? 417-3167
Cannell??? 24?? [email protected] 926-4139? 417-3156
Arzberger??25?? [email protected] 926-4321? 417-3146
Hellon???? 26?? [email protected] 926-4326? 417-3159
Garcia???? 27?? [email protected] 926-4171? 417-3162
Aboud????? 28?? [email protected] 926-5262? 417-3166
Soltero??? 29?? [email protected] 926-5342? 417-3169
Bee??????? 30?? [email protected] 926-5683? 417-3147

*****************************************************************
 
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Thanks for the alert, Rick. I've already called my state senator. Since he introduced the bill, I figure he'll probably vote for it, so I merely thanked him for introducing it.

What effect would this have on the actions of the federal boys during a declared emergency? Any?

By the way, the text of the bill is here.
 
Fed.gov?

Not much, even given the "any other official" language.

Rick
 
Bill limits governor's ability to seize guns in emergency

By Howard Fischer
Capitol Media Services
Tucson, Arizona | Published: 04.05.2006

PHOENIX — State lawmakers are one step away from limiting the right of the governor to take anyone's guns in case of emergency.

Legislation given preliminary House approval Tuesday would alter existing state laws giving a governor the power to "commandeer and utilize any property or personnel deemed necessary" to carry out the duties of the state's chief executive when an emergency is declared. The proposed restriction would specifically exclude firearms, ammunition or any components of either.

The measure also would specify the governor's broad emergency powers do not include the ability to impose "additional restrictions on the lawful possession, transfer, sale, transport, carrying, storage, display or use of firearms or ammunition or firearms or ammunition components." That would bar any executive order barring the sale of weapons or bullets during an emergency, or preventing people from being armed while walking the streets.
The Senate already approved the measure by a 25-3 margin, meaning only a final House roll-call vote is necessary before sending it to the governor.
Press aide Jeanine L'Ecuyer said Tuesday Gov. Janet Na-politano will not comment on the legislation until it reaches her desk.

But the governor has repeatedly vetoed measures which she sees as a legislative infringement on her constitutional duties as governor. Most recently she vetoed legislation requiring her to put National Guard troops on the border.

The measure is being pushed by Sen. Dean Martin, R-Phoenix. He cited events in New Orleans after Hurricane Katrina where police began taking guns from individuals who had done nothing wrong.

A federal judge eventually blocked further seizures and ordered police to return the confiscated firearms.

Tuesday's action was criticized by Rep. Kyrsten Sinema, D-Phoenix. "It sounds a little bit like advocating or supporting those militia organizations that are interested in stockpiling weapons and taking up arms against the government," she said.

Rep. Steve Gallardo, D-Phoenix, chided colleagues for constantly approving measures designed to protect the rights of gun owners. "But yet we have not addressed the issue of gun safety," he said.

http://www.azstarnet.com/allheadlines/123262
 
Kirsten is the prototypical (ex) Green Party anti-gunner.

Rick
 
Both my Reps and my Senator voted YES. Looks good. I love this state.
Rep Gallardo, we addressed gun safety - that class they can offer in public schools now on firearm safety, that requires range time to pass, that you approved. there is the gun safety you need.
If you want to talk gun confiscation, registration, etc, New Jersey is on the East Coast, California, the West - get hopping.
 
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