05-20-2009, 12:55
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#31
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Quiet Professional
Join Date: Jan 2004
Location: Colorado Springs
Posts: 4,543
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Quote:
Originally Posted by swpa19
IMHO Its who is interpretating the act. Look at the Logan act, it was enacted in 1799 and updated in 1948 and again in 1994. The Dims have completely ignored it.
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I suppose the same could be said for any law; consider the 2d Ammendment and the debates surrounding it even today after Heller. However, the change to Stafford is pretty clear in its language.
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Razor is offline
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05-20-2009, 14:16
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#32
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BANNED USER
Join Date: Dec 2008
Location: New York
Posts: 353
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Quote:
Originally Posted by Razor
Not anymore. The 2007 ammendment of the Stafford Act specifically prohibits temporary or permanent confiscation of firearms. Unfortunately, due to the unfounded criticism and lies following the federal response to Katrina, the ammendment also includes authority for proactive "accelerated" fed assistance that goes beyond simple staging, and allows deployment of assets to the impacted area without a state request.
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Mr. Razor,
Thank you for your many posts. I have benefited from reading them a great deal.
But why would unfounded criticism of the federal response to a situation be grounds to implement legislation abandoning the state's right to refuse federal assistance in dealing with it's domestic violence? Doesn't that force a state to rely solely on the judgement of the POTUS when the option of martial law is on the table?
USC TITLE 10 > Subtitle A > PART I > CHAPTER 15 > § 333
(a) Use of Armed Forces in Major Public Emergencies.—
(1) The President may employ the armed forces, including the National Guard in Federal service, to—
(A) restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that—
(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order
http://www4.law.cornell.edu/uscode/1...3----000-.html
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6.8SPC_DUMP is offline
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05-20-2009, 14:36
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#33
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Quiet Professional
Join Date: Jan 2004
Location: Free Pineland
Posts: 24,829
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You might find this enlightening.
http://www.answers.com/topic/martial-law
Note the circumstances under which martial law has been imposed, for what purpose, and the results of litigation over it.
Further, pay attention to the comments on Ex parte Milligan, 71 U.S. (4 Wall.) 2, 18 L. Ed. 281 (1866), Phenix City, Alabama and the 2007 John Warner Defense Authorization Act (passed under President Bush, subsequently repealed).
Not a tinfoil hat kind of guy, but many powers exist in potentiality that are rarely employed.
TR
__________________
"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat." - President Theodore Roosevelt, 1910
De Oppresso Liber 01/20/2025
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The Reaper is offline
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05-20-2009, 14:39
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#34
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Area Commander
Join Date: Aug 2008
Location: Southern California
Posts: 4,482
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Boolean operators qualify conditions of application
After reading the entire statute, I wonder if the boolean operates are designed to make sure that the rights of U.S. citizens are protected even when an individual state is in crisis and that crisis sparks a level of domestic violence that overwhelms a state's ability to protect its citizens.
Does this law mean that there would have to be a catastrophic event followed by a catastrophic failure of a state to respond followed by widespread violence before the federal government could intervene?
Last edited by Sigaba; 05-20-2009 at 14:51.
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Sigaba is offline
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05-21-2009, 13:49
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#35
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Guerrilla
Join Date: Jan 2008
Location: Northeast
Posts: 150
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Having worked in Haverhill and also having been shot at there I can say first hand that there a fair number of 'upstanding citizens'  who live there. It is a city divided in half. Bradford has a normal upper middle class suburb type atmosphere, and they do their best to insulate themselves from those on 'the other side of the river'. Haverhill ' proper' has more than it's share of narcotics, and other miscreants who enjoy various participating in illegal activities.
It's a busy city and the LEO's and others who work there have no shortage of things to keep them busy. I'm sure his 'import-export' and shipping business activities are the real reason he had the firearms and ammo.
Last edited by ACE844; 05-21-2009 at 13:52.
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ACE844 is offline
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05-21-2009, 19:22
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#36
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Guerrilla
Join Date: Oct 2007
Location: Florida
Posts: 195
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Quote:
Originally Posted by ACE844
Having worked in Haverhill and also having been shot at there I can say first hand that there a fair number of 'upstanding citizens'  who live there. It is a city divided in half. Bradford has a normal upper middle class suburb type atmosphere, and they do their best to insulate themselves from those on 'the other side of the river'. Haverhill ' proper' has more than it's share of narcotics, and other miscreants who enjoy various participating in illegal activities.
It's a busy city and the LEO's and others who work there have no shortage of things to keep them busy. I'm sure his 'import-export' and shipping business activities are the real reason he had the firearms and ammo.
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ACE844, I sure hope you are right. If they had probable cause to believe this is the case, then obviously this guy had it coming. My fear is that, it today's political climate, someone is going to try and use a situation like this to impose restrictions on the innocent.
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monsterhunter is offline
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05-21-2009, 22:59
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#37
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Guerrilla Chief
Join Date: Sep 2005
Location: DFW area
Posts: 861
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So, I'm driving through the less-than-upstanding part of Grand Prarie, TX with , oh, say, 12,000 rounds of 9mm in my trunk(with my LMT), and that makes me a suspect of some kind???  Here we go....
__________________
"The difference is that back then, we had the intestinal fortitude to do what we needed to in order to preserve our territorial sovereignty and to protect the citizens of this great country, and today, we do not." TR
"I attribute the little I know to my not having been ashamed to ask for information, and to my rule of conversing with all descriptions of men on those topics that form their own peculiar professions and pursuits." John Locke
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dr. mabuse is offline
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05-22-2009, 10:40
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#38
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Area Commander
Join Date: Feb 2004
Location: Phoenix, AZ
Posts: 1,691
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Quote:
Originally Posted by dr. mabuse
So, I'm driving through the less-than-upstanding part of Grand Prarie, TX with , oh, say, 12,000 rounds of 9mm in my trunk(with my LMT), and that makes me a suspect of some kind???  Here we go....
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Nah, your in Texas, that's just border protection material.
__________________
"This is the law: The purpose of fighting is to win. There is no possible victory in defense. The sword is more important than the shield and skill is more important than either. The final weapon is the brain. All else is supplemental." - John Steinbeck, "The Law"
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Smokin Joe is offline
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05-22-2009, 10:44
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#39
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Quiet Professional
Join Date: Apr 2008
Location: Georgetown, SC
Posts: 4,204
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Quote:
Originally Posted by dr. mabuse
So, I'm driving through the less-than-upstanding part of Grand Prarie, TX with , oh, say, 12,000 rounds of 9mm in my trunk(with my LMT), and that makes me a suspect of some kind???  Here we go....
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From my days in the GP, TX area (albeit long ago), ammo was okay, but dancing was not!
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"I took a different route from most and came into Special Forces..." - Col. Nick Rowe
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ZonieDiver is offline
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05-22-2009, 14:08
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#40
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Guerrilla Chief
Join Date: Sep 2005
Location: DFW area
Posts: 861
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Or better yet....
The 300 WM mounted with a loaner from our friends at Raytheon ( being beta tested at this time ) is the border protection TOC ( tool of choice ).
I still think it's a Class B to dance in GP.
__________________
"The difference is that back then, we had the intestinal fortitude to do what we needed to in order to preserve our territorial sovereignty and to protect the citizens of this great country, and today, we do not." TR
"I attribute the little I know to my not having been ashamed to ask for information, and to my rule of conversing with all descriptions of men on those topics that form their own peculiar professions and pursuits." John Locke
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dr. mabuse is offline
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