Governor of Virgin Islands Orders National Guard to Seize Americans’ Firearms

Discussion in 'Firearm Related' started by SHOOTER13, Sep 6, 2017.

  1. SHOOTER13

    SHOOTER13 ON DUTY Staff Member Global Moderator Forum Moderator

    Governor of Virgin Islands Orders National Guard to Seize Americans’ Firearms
    NRA.ILA Wednesday, September 6, 2017

    With hurricane season now upon us, U.S. states and territories are preparing for a barrage of potentially extreme and damaging weather. In the U.S. Virgin Islands (USVI), however, those preparations include an order by Gov. Kenneth E. Mapp for the National Guard to seize residents’ lawfully-owned firearms and ammunition, ostensibly as a means of promoting public order and protecting life and property.

    Certainly, the rest of America’s thoughts and prayers are with the USVI as Hurricane Irma, a Category 5 storm, closes in on the Caribbean. Nevertheless, the scope of Gov. Mapp’s order is a shocking incursion on the right of the U.S. citizens who reside on the USVI to protect themselves from the all-too-predictable outbreaks of looting and crime that can occur when normal emergency services are over-taxed by an extraordinary event. The order, simply put, violates the U.S. Constitution and threatens to put innocent people at further risk.

    The order states in no uncertain terms that the Adjutant General of the U.S. Virgin Islands National Guard is “authorized and directed to seize arms, ammunition, explosives, incendiary material and any other property” deemed necessary to the mission of maintaining or restoring order during the storm.

    America has seen similar overreaches in the past, most notoriously during the aftermath of Hurricane Katrina in 2005, when local officials ordered the confiscation of lawfully-owned firearms from New Orleans residents. First responders had been overwhelmed by the demands of the storm, and those who had not managed to evacuate were dealing with virtual anarchy.

    The NRA intervened in federal court and was able to halt the confiscations and obtain an order requiring the return of the seized firearms. Nevertheless, the city delayed compliance with the order for as long as it could, including requiring unrealistic documentation from gun owners whose lives had been turned upside by the storm. Only in 2008 did the NRA and the city agree on mutually acceptable terms for the return of the unlawfully confiscated property.

    The NRA also promoted legislation to prevent government officials from using their emergency powers as a pretext for disarming the citizenry. In 2006, Congressman Bobby Jindal (LA) led the fight to protect America’s gun owners against these abuses by introducing H.R. 5013 in the House, a final version of which was signed by President George W. Bush in October of that year.

    Now codified at 42 U.S.C. § 5207, the law prohibits persons acting under color of federal law, receiving federal funds, or acting at the direction of a federal employee from seizing or authorizing the seizure of lawfully-possessed firearms during a state of emergency. The majority of U.S. states now have similar laws.
    The application of U.S. law to the USVI can present complicated legal issues, but the bottom line is that Gov. Mapp’s order infringes on the Second Amendment rights of U.S. citizens.

    For many gun owners, the shocking site of a frail woman being slammed to the ground in her own home by police enforcing the post-Katrina order remains an indelible image of the very sort of violent firearm seizures that some claim could never happen in the U.S.

    The NRA is therefore prepared to engage as necessary to ensure that Gov. Mapp’s overreaching order is reversed so that residents of the USVI have all legal tools available to weather the storm, including their lawfully-owned, constitutionally-protected arms.
  2. SHOOTER13

    SHOOTER13 ON DUTY Staff Member Global Moderator Forum Moderator

    UPDATE:

    FAIRFAX, Va.
    – The National Rifle Association announced its strong opposition to the order signed by U.S. Virgin Islands Governor Kenneth Mapp allowing the government to seize personal firearms and ammunition ahead of Hurricane Irma. The NRA is prepared to engage the legal system to halt the unconstitutional order.

    "People need the ability to protect themselves during times of natural disaster,” said Chris W. Cox, executive director, National Rifle Association Institute for Legislative Action. “This dangerous order violates the constitutional rights of law-abiding citizens and puts their lives at risk.”

    After Hurricane Katrina, New Orleans Mayor Ray Nagin instituted a similar order and began confiscating legally owned and possessed firearms. The NRA intervened in federal court and was able to halt the confiscations and obtain an order requiring the return of the seized firearms. The organization then backed federal legislation to prohibit the confiscation of legal firearms from law-abiding citizens during states of emergency. In 2006, President George W. Bush signed this legislation into law.

    “When 911 is non-existent and law enforcement personnel are overwhelmed with search-and-rescue missions and other emergency duties, law-abiding American citizens must be able to protect their families and loved ones. The NRA is prepared to pursue legal action to halt Gov. Mapp's dangerous and unconstitutional order," concluded Cox.
  3. SHOOTER13

    SHOOTER13 ON DUTY Staff Member Global Moderator Forum Moderator

    Well... Fox News got to talk to Gov Mapp who reiterated that the "standing order" cited above allows for the Adjutant General in charge of the National Guard to use their discretion to "procure" firearms if and when required by the military under his/her command as long as proper compensation / paperwork is processed. In other words...no house to house confiscation...but if a gun store has needed ammo / firearms...they can use Govt funds to procure same.

    Seems like the NRA may have jumped the gun on that factoid...:rolleyes:
  4. Rob poston

    Rob poston Well-Known Member

    I have never been a proponent of using lethal force in defense of property, however, in times of disaster, protecting one's property is a protection of one's own life and family. If you come into my home and steal my food, water, and medical supplies, you are compromising my family's ability to survive. It is no longer a situation of material properties, it is a protection of life. Besides that, people get desperate in such events, and if you do not have a way to defend yourself, you are a victim. This is just a bad call... defenselessness promotes lawlessness. I am glad there is more to the story than simply mass confiscation.

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