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Area Commander
Join Date: Jan 2011
Location: Western WI
Posts: 7,012
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Lotta pre-emption stuff, but...
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Originally Posted by Pete
Guntersville authorities would confiscate guns of “unruly” individuals during disasters
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Thanks for posting. Another article (assume the typical news-cycle self-abuse including the video) had the same thing but included this:
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The Code of Alabama, 31-9-10, Section C 2 states:
A law enforcement officer who is acting in the lawful discharge of the officer’s official duties may disarm an individual if the officer reasonably believes that it is immediately necessary for the protection of the officer or another individual. The officer shall return the firearm to the individual before discharging that individual unless the officer arrests that individual for engaging in criminal activity or seizes the firearm as evidence pursuant to an investigation for the commission of a crime or, at the discretion of the officer, the individual poses a threat to himself or herself or to others.
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From here, about handguns specifically:
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“No incorporated municipality shall have the power to enact any ordinance, rule, or regulation which shall tax, restrict, prevent, or in any way affect the possession or ownership of handguns by the citizens of the state. The entire subject matter of handguns is reserved to the State Legislature. This section shall not be construed to limit or restrict the power of a municipality to adopt ordinances which make the violation of a state handgun law a violation of a municipal ordinance to the same extent as other state law violations . . . ”
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And guns in general:
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“(a) No county or municipal corporation, instrumentality, or political subdivision thereof, by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, registration or sue of firearms, ammunition, components of firearms, firearms dealers, or dealers, or dealers in firearm components. (b)(1) Subsection (a) does not affect the authority of a municipality has under law to regulate the discharge of firearms within the limits of the municipality or the authority a county has under law enacted prior to August 1, 2000, to regulate the discharge of firearms within the jurisdiction of the county ”
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Now, that's just the theory of Alabama. Will someone stand for being declared a criminal to facilitate their own criminal victimization?
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"Civil Wars don't start when a few guys hunt down a specific bastard. Civil Wars start when many guys hunt down the nearest bastards."
The coin paid to enforce words on parchment is blood; tyrants will not be stopped with anything less dear. - QP Peregrino
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