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"Stand your ground" and "No Confiscation" Laws

Discussion in 'Legal' started by Hawkmoon, Jun 11, 2006.

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  1. Hawkmoon

    Hawkmoon Member

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    My state has neither, and I want to try to change that. The time to start working on it is now, while the legiscritters are not in session.

    I would appreciate links to the complete, exact text of any state's statutes that covers these topics. For example, I believe Florida enacted both this year, and Louisiana recently enacted a no confiscation law. I thought some other states did, also, but I've just searched back several pages worth of index in Legal & Political and not found anything.

    Thanks in advance for any links anyone can provide.
     
  2. Mannlicher

    Mannlicher Member

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    The NRA helped put these together
    HB-285 No Confiscation of Firearms During Emergencies

    A bill to prohibit confiscation of firearms following hurricanes (such as was done in New Orleans following Hurricane Katrina). Passed the Florida Legislature 5/3/06.

    HB-285 Sponsored by Representative Mitch Needelman (R-Melbourne) in the House and Senators Carey Baker (R-Eustis) and Bill Posey (R-Rockledge) in the Senate does the following:

    1. Amends the Emergency Management Powers Act to prohibit the governor from ordering or authorizing the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in a criminal act.

    2. Amends the Emergency Management Powers Act to prohibit any public official from ordering or authorizing the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in a criminal act.

    The bill passed the House 116-0 and passed the Senate 40-0. Signed into law by Governor Bush on 6/7/06.
    The link for the entire wording is here:
    http://www.flsenate.gov/session/ind...&Title=->Bill%20Info:H%200285->Session%202006

    H249, signed into law in 2005 is the "stand your ground law"
    Here is a link for that
    http://www.flsenate.gov/session/ind...1&BI_Mode=ViewBillInfo&Billnum=0249&Year=2005
     
  3. mbs357

    mbs357 Member

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    Your location is the State of Terror?
    I dunno man...I dunno...
     
  4. beerslurpy

    beerslurpy member

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    When asking for state-specific advice, please specify a location more specific than the planet upon which we live.
     
  5. Hawkmoon

    Hawkmoon Member

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    ??? :confused:

    Other than Florida and Lousiana, I don't know what other states have such laws, so I can hardly specify them.

    I am not asking for advice about my state's laws. I know what they are, and I know they do not include a "no duty to retreat in public" provision, I know they do not include a "no confiscation during state of emergency" provision, and I know they do not include any immunity from civil liability in the event of a justified act of self-defense. What I am asking for is links to laws covering those things in other states, so that I can unabashedly plagiarize them when I approach my state's legislators to try to get the laws changed.
     
  6. modifiedbrowning

    modifiedbrowning Member

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  7. Hawkmoon

    Hawkmoon Member

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    I thought I was clear about what I need in my original post, but apparently I was not.

    I am well acquainted with Packing.org -- well enough to know that it isn't updated reliably enough to have picked up on laws that may have been signed only a week or two ago. And if a law absolving an individual of civil liability for a justified shoot goes in the civil liability sections of a state's statutes, it won't show up at all in the deadly force stuff cited (maybe) by Packing.org. There would likewise be no particular reason why Packing.org should include the language of a no confiscation law in its citations.

    I know that several states have been considering NEW laws covering stand your ground, no duty to retreat from a public place, carjacking, no confiscation during times of emergency, and relief from civil liability in the absence of a criminal conviction. What I am asking is for people in states that have enacted such laws to please give me links to the exact text, so that I can plagiarize them for use in my own state.
     
  8. Al Norris

    Al Norris Member

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    Hawkmoon, take a look at these. They passed here in Idaho. The URL is to the page which has the complete text of the law, which is what you wanted, I believe.

    S1401 - Amends existing law relating to emergency powers to provide that no restrictions shall be imposed on lawful uses of firearms or ammunition during a disaster emergency.

    S1441a - CIVIL IMMUNITY - SELF-DEFENSE - Adds to existing law relating to civil actions to provide immunity from civil liability for persons who use force in justifiable or otherwise permissible self-defense; to provide for the award of attorney's fees and other costs; and to define "law enforcement officer."
     
  9. Hawkmoon

    Hawkmoon Member

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    Thanks, Al. Exactly what I'm looking for.
     
  10. Mannlicher

    Mannlicher Member

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    It looks like no one really read your question. However, I responded with links to the actual laws in Florida. Did you see those links?
     
  11. modifiedbrowning

    modifiedbrowning Member

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    My Florida link is a direct link to Florida's state Senate website shows the text of the stand your ground law, is that not what you wanted?
     
  12. stevelyn

    stevelyn Member

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    Hawkmoon,

    Alaska legislature passed our version of an "Emergency Confiscation" (HB 400) law and the governor signed it.
    The beauty of our law over the laws of other states is that it actually has teeth and provides for criminal prosecution and penalties for govt agents violating it. There is no out or backdoor language.
    :D

    Check it out here: http://www.legis.state.ak.us/basis/get_bill.asp?session=24&bill=HB400

    The site takes a little getting used to to navigate.:eek:

    SB200 is the "Stand Your Ground". It has also passed and since been sent to Gov. Murkowski. It can also be accessed by scrolling down the following page: http://www.legis.state.ak.us/basis/passed_leg.asp?session=24&Sel=4
     
  13. Hawkmoon

    Hawkmoon Member

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    Stevelyn --

    What am I missing? I just read SB200 in detail, several times, and it does NOT appear to eliminate the duty to retreat. Take a look at Section 11.81.335 (b) and tell me what you think it says. They've made some minor editorial revisions, but the sense of it still reads that if you can leave with safety to yourself and anyone you are trying to protect, you must attempt to do so before you are justified in using deadly force.

    In the following section, they did kind of say that you don't have to retreat if you are being carjacked or if you are protecting a third party against an attempted carjacking, but that's a specific exception that applies ONLY to carjackings.

    In general, though, it's good stuff. Thanks for the links.
     
  14. Collier

    Collier Member

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    Alabama recently signed "Castle Doctrine" bill SB 283 into law. This bill removes the "duty to retreat" and provides protection from civil litigation and prosecution in the case of a self defense situation.

    http://www.nraila.org/News/Read/Releases.aspx?ID=7440
     
  15. c_yeager

    c_yeager Member

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    Im sort of split on these laws. On one hand they are there for a good reason. On the other, the very idea of passing a law prohibiting confiscation implies that the state had that right in the first place.

    A lot of states have use-of-force laws that never included a duty to retreat in the first place. The civil-liability immunity idea is a good one though that I would like to see here as well.
     
  16. munangokeewati

    munangokeewati Member

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  17. Joey2

    Joey2 member

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    At what period in this countrys history has the government started honing in on confiscating our weapons? Could it be when they started enacting oppressive laws against the citizens of this country?

    Every morning we wake up the government has been busy passing laws against us. Every law that they pass restricts us in some way.
     
  18. Wiley

    Wiley Member

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  19. Hawkmoon

    Hawkmoon Member

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    I really like the Georgia version. Short and sweet, gets right to the nitty gritty. And I love the last section, that invalidates anything else in the statutes which may be in conflict with this new provision.
     
  20. Wiley

    Wiley Member

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    One of the things that is nice in the GA law is that there is absolutly no mention of any weapon of any sort. Made the anti's stamp around on their lower lips with their hobnail boots.

    The part about invalidation anything that conflicts is fairly common and not just in GA.
     
  21. Malum Prohibitum

    Malum Prohibitum Member

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    But Georgia could not get a simple Katrina bill passed. Our Governor can still order seizure of weapons, unless, of course, you can prove to the seizing officer on the spot that the weapon was lawfully acquired!

    Our bill failed, but Florida's passed both houses unanimously? :eek:
     
  22. Malum Prohibitum

    Malum Prohibitum Member

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    Hawkmoon - Georgia's Stand Your Ground bill wasn't all that tough, since Georgia has never had a duty to retreat in its entire history.
     
  23. Hawkmoon

    Hawkmoon Member

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    Well, how uncommonly ... civilized! :D
     
  24. stevelyn

    stevelyn Member

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    Hawkmoon,

    I'll have to read the original statute, but I believe SB200 intent was expand on the already liberal law in which the castle doctrine was already strictly observed.
     
  25. PILMAN

    PILMAN Member

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    I'm curious about this stand your ground law as I live in Florida.


    Scenario

    Intruder enters my home, I fear for my life

    I reach for gun, shoot intruder

    I call police

    What happens? Do I get arrested? Do I get my gun confiscated? Do I go to court? Please do explain in case this situation ever arose somehow.
     
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