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Under Texas law SB112, police officers are prohibited from confiscating firearms during an emergency.

How would this play with a possible federal law?

I would love to see a local sheriff arrest an FBI/ATF agent.


http://www.capitol.state.tx.us/tlodocs/80R/billtext/html/SB00112I.htm

SECTION 2. Subchapter H, Chapter 418, Government Code, is
amended by adding Section 418.184 to read as follows:
Sec. 418.184. FIREARMS.

(a) A peace officer who is acting
in the lawful execution of the officer's official duties during a
state of disaster may disarm an individual if the officer
reasonably believes it is immediately necessary for the protection
of the officer or another individual.

(b) The peace officer shall return the firearm to an
individual disarmed under Subsection (a) before ceasing to detain
the individual unless the officer:

(1) arrests the individual for engaging in criminal
activity; or
(2) seizes the firearm as evidence in a criminal
investigation.

SECTION 3. Section 229.001, Local Government Code, is
amended by adding Subsection (d) to read as follows:

(d) The exception provided by Subsection (b)(4) does not
authorize the seizure or confiscation of any firearm or ammunition
from an individual who is lawfully carrying or possessing the
firearm or ammunition.
 

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Garbage Collector
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In Texas under the Penal Code, Federal Agents are not considered Peace Officers and their authority is limited to direct performance of their duties, other than that they have no standing in the state as it is.
 

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Time to melt snowflakes!
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Last I checked, the sheriff of a state has authority over federal agents (correct me if I'm LEGALLY wrong, not factually). Now to see that actually practiced . . .
 

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Last I checked, the sheriff of a state has authority over federal agents (correct me if I'm LEGALLY wrong, not factually). Now to see that actually practiced . . .
A county sheriff is the highest elected law enforcement official in the US and has the authority to tell the feds to go screw themselves. Like you said though, getting them to do that is another matter.

On a side note, Ky has a law forbidding any confiscation of legally owned weapons from it's people.
 

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How would this play with a possible federal law?
Sheriffs have a lot of power, and I tend to like them more than any LEO of the Executive Branch. The ATF declared one of TNs "firearms freedom laws" null and void back in the early 2000s, I'll be interested in seeing how this plays out. Quite a few states are on board with this though and it's a pretty bold statement. Good for Texas!
 

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I'd like to see a Sheriff tell the Secret Service to get out of Dodge.
They can, they should and the people who elected them should stand behind them.
 

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Remember The Alamo
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Thsi is the law we need
http://legisweb.state.wy.us/2013/Introduced/HB0104.pdf

This is just a small sampling. See above link!


Sponsored by: Representative(s) Kroeker, Baker, Burkhart,
Jaggi, Miller, Piiparinen, Reeder and
Winters and Senator(s) Dockstader and Hicks
A BILL
for
1 AN ACT relating to firearms; providing that any federal law
2 which attempts to ban a semi-automatic firearm or to limit
3 the size of a magazine of a firearm or other limitation on
4 firearms in this state shall be unenforceable in Wyoming;
5 providing a penalty; and providing for an effective date.

6-8-405. Offenses and penalties; defense of Wyoming
12 citizens.
 

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Time to melt snowflakes!
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A county sheriff is the highest elected law enforcement official in the US and has the authority to tell the feds to go screw themselves. Like you said though, getting them to do that is another matter.

On a side note, Ky has a law forbidding any confiscation of legally owned weapons from it's people.
The only one I could find specifically mentioned times of emergency, would like to see one that was more plan, without that tidbit in it. The section 1 protects the confiscation, but I'm sure it could do more; Kentucky is part way there and ahead of the game so far. :D:

237.104 Rights to acquire, carry, and use deadly weapons not to be impaired
during disaster or emergency -- Seizure of deadly weapons during disaster or
emergency prohibited -- Application of section.
(1) No person, unit of government, or governmental organization shall, during a period
of disaster or emergency as specified in KRS Chapter 39A or at any other time,
have the right to revoke, suspend, limit the use of, or otherwise impair the validity
of the right of any person to purchase, transfer, loan, own, possess, carry, or use a
firearm, firearm part, ammunition, ammunition component, or any deadly weapon
or dangerous instrument.
One plus side of researching the above, I discovered I don't need a class for my CCDW in Kentucky. :thumb:
 

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Time to melt snowflakes!
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Alabama has had a similar law since Katrina. Surprised it took you guys so long.
It was enacted about the same time as Alabama I believe, after the Katrina issues. I just started reading the firearm laws in Kentucky, so I'm behind the curve a little bit. :thumb:
 

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The only one I could find specifically mentioned times of emergency, would like to see one that was more plan, without that tidbit in it. The section 1 protects the confiscation, but I'm sure it could do more; Kentucky is part way there and ahead of the game so far. :D:



One plus side of researching the above, I discovered I don't need a class for my CCDW in Kentucky. :thumb:
Yeah, it is specifically for times of emergency, but that "at any other times" is pretty much an ace in the hole for us. I wasn't aware of the no classes for ccw. I've had mine for almost 2 yrs , I could have saved 75.00. Rep. Harmon from Danville has been introducing a constitutional carry bill for the last few years, but can't get it out of committee. Iv'e urged my Reps to co sponsor it, but I can't get a response from Tommy Turner, so I guess it's time to support a replacement if anybody files. We are pretty good as far as gun rights go here in Ky, considering a Dem gov. and House of Reps. just goes to show that there is a difference in Democrats and Bat cray liberals. At least Beshear is an NRA member with an A grade. In fact the Denocrat that ran against Hal Rogers this past election had an A grade, Rogers has a B. Oh and now hunting is specifically,a constitutional right in the state.
 

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Time to melt snowflakes!
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Yeah, it is specifically for times of emergency, but that "at any other tomes" is pretty much an ace in the hole for us. I wasn't aware of the no classes for ccw. I've had mine for almost 2 yrs , I could have saved 75.00. Rep. Harmon from Danville has been introducing a constitutional carry bill for the last few years, but can't get it out of committee. Iv'e urged my Reps to co sponsor it, but I can't get a response from Tommy Turner, so I guess it's time to support a replacement if anybody files. We are pretty good as far as gun rights go here in Ky, considering a Dem gov. and House of Reps. just goes to show that there is a difference in Democrats and Bat cray liberals. At least Beshear is an NRA member with an A grade. In fact the Denocrat that ran against Hal Rogers this past election had an A grade, Rogers has a B. Oh and now hunting is a constitutional right in the state.
Most people still need a class for their CCDW. I didn't realize Kentucky recognized Military Police as peace officers as it pertains to classes; some states only recognize active duty holders. I just migrated to Kentucky and so far I'm enjoying this state's gun laws (or lack of) very much.

More states need laws restricting firearm confiscations like the ones we've been seeing. New laws (hopefully) are TX, WY, MN?, I think there's more, but I can't remember them. I would mail, call, email your representatives, even if it doesn't happen today, enough might get them to act before this is a even worse situation.
 

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Rom 14:1, 13; Jam 4:11-12
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Last I checked, the sheriff of a state has authority over federal agents (correct me if I'm LEGALLY wrong, not factually). Now to see that actually practiced . . .
I'm afraid you are wrong. The Constitution has what is called the supremacy clause. Like so many other things about our Free State, it has been twisted. Its intent is to supercede States who might have regulations (such as commerce) in conflict but has been twisted to treat State law as subordinate to the States.

This is twisted b/c the Federal government has vastly over-stepped their boundary per the 10 Amendment in what is supposed to be the exclusive province of States.

A county sheriff is the highest elected law enforcement official in the US and has the authority to tell the feds to go screw themselves.
The POTUS is the highest elected law enforcement official in the US.
 

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Most people still need a class for their CCDW. I didn't realize Kentucky recognized Military Police as peace officers as it pertains to classes; some states only recognize active duty holders. I just migrated to Kentucky and so far I'm enjoying this state's gun laws (or lack of) very much.

More states need laws restricting firearm confiscations like the ones we've been seeing. New laws (hopefully) are TX, WY, MN?, I think there's more, but I can't remember them. I would mail, call, email your representatives, even if it doesn't happen today, enough might get them to act before this is a even worse situation.
Oh Ok you have the Military exemption yeah, your good to go. Welcome to the bluegrass state. It's not a bad place and is very 2nd friendly all things considered. Texas does have the right to defend property laws that we don't. The only time you can go outside your home and confront a bad guy with deadly force is if they are committing arson. Open carry is not only legal but widely accepted most everywhere in the state. May raise some eyebrows around Lexington and Louisville, since that's the states Liberal hubs.
 

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I'm afraid you are wrong. The Constitution has what is called the supremacy clause. Like so many other things about our Free State, it has been twisted. Its intent is to supercede States who might have regulations (such as commerce) in conflict but has been twisted to treat State law as subordinate to the States.

This is twisted b/c the Federal government has vastly over-stepped their boundary per the 10 Amendment in what is supposed to be the exclusive province of States.



The POTUS is the highest elected law enforcement official in the US.


No he isnt. Law enforcement falls under the Judicial branch,not Executive.
http://constitutionallawenforcementassoc.blogspot.com/
 

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Alabama has had a similar law since Katrina. Surprised it took you guys so long.
Gov. Blanco signed that exact bill right after Katrina here in La. As for the Sheriff, I know he has a few boats, land likes to hunt. If I've gotten one back strap through him, I've got dozens...:)
 

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Time to melt snowflakes!
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I'm afraid you are wrong. The Constitution has what is called the supremacy clause. Like so many other things about our Free State, it has been twisted. Its intent is to supercede States who might have regulations (such as commerce) in conflict but has been twisted to treat State law as subordinate to the States.

This is twisted b/c the Federal government has vastly over-stepped their boundary per the 10 Amendment in what is supposed to be the exclusive province of States.
It gets murky:

US Constitution supremacy clause:
This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.
10A: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
So, looking at those two.
It is up to the states until the Federal government passes a law.
The statement was about law enforcement, not the supremacy of law. I would like to find proof (one way or another) as to where the local sheriff falls into the scheme of things; over federal, equal to federal, below federal agents.

The POTUS is the highest elected law enforcement official in the US.
He is the Commander-In-Chief of our armed forces, which are not law enforcement and are specifically restricted from acting domestically (yes there are restrictions)
 
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