S. TX post-hurricane gun confiscation?

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  • sharky47

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    A trusted friend of mine called me last night and told me he had an aquintance inform him that after the hurricane(s) recently that the LEO's were going around to known firearms owners and confiscating lawfully owned guns. She claims that multiple guns were taken from her and when she tried to get them back - she was informed that the firearms had been destroyed.

    Now, I know this sounds like "my friend's girlfriend's sister's brother told me" kind of story, but I know most of the people in the info-chain. On top of that, this has happened before, except for the destruction of firearms. Now I know our sack of crap governer supposedly signed a law banning this type of activity - but everyone knows how well people calling themselves government tend to obey even their own rules.

    Anyway, please - if anyone can confirm or debunk this story - chime in, with references if you have them, I would like to put this to bed......
     

    sharky47

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    ^^^
    Right, I hadn't either - but then there are alot of things that I hadn't heard of until somene who was directly affect told me about.

    Again, I hope you guys/gals can prove this wrong, but I wouldn't be surprised if there was any sliver of truth to it either.....
     

    juwaba98

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    May 9, 2008
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    Where at? There were a lot of storm affected areas in Texas. I know several people in such areas that have indicated nothing of the sort. More details to the allegations are necessary to disprove this. First impressions have pegged my meter but who knows.

    bsmeter.jpg
     

    JKTex

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    A trusted friend of mine called me last night and told me he had an aquintance inform him that after the hurricane(s) recently that the LEO's were going around to known firearms owners and confiscating lawfully owned guns. She claims that multiple guns were taken from her and when she tried to get them back - she was informed that the firearms had been destroyed.

    Now, I know this sounds like "my friend's girlfriend's sister's brother told me" kind of story, but I know most of the people in the info-chain. On top of that, this has happened before, except for the destruction of firearms. Now I know our sack of crap governer supposedly signed a law banning this type of activity - but everyone knows how well people calling themselves government tend to obey even their own rules.

    Anyway, please - if anyone can confirm or debunk this story - chime in, with references if you have them, I would like to put this to bed......

    There is no way to debunk hearsay and partial stories.

    The thing that really pops out at me is "LEO's were going around to known firearms owners"..... Known? This is Texas, how are they "known"?

    I'd like to hear more detail from the acquaintance of your trusted friend. A trusted friend should know basic details like, where and when.

    Crap, I can't find that little smiley dude with the BS flag.
     

    TxShooter

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    I can easily debunk this story in the Galveston County area including the Bolivar / Crystal Beach / Gilchrist area. Mass gun confiscations simply did not occur and no weapons have been destroyed by Law Enforcement whatsoever since the storm. Weapons that are destroyed are done pursuant to court orders, not done on the whim of a law enforcement officer or official. Most LEOs I know are pro second amendment and stronly believe in the right of the individual to own firearms.

    If you have a specific name of a person that claims this happened to them, please let me know. I would be very interested in checking this out as I know of NO STORM RELATED GUN SEZIURES in our area.
     

    sharky47

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    ^^^
    Thanks guys, I was hoping it was BS. I am going to attempt to get more info out of the complaintant just to satisfy my curiousity.

    And yes, there is a way to know who owns guns, at least the ones bought by dealers - it's called a form 4473. Due to the GCA of 1968, the commercial sale of firearms had to go through FFL holders (GCA '68 has been proven to be a translation of Nazi law), leaving a paper trail. Then you have NICS check records - now I know they are supposed to be deleted, but I'll believe that when my $hit turns purple and smells like rainbow sherbert......
     

    txinvestigator

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    ^^^
    Thanks guys, I was hoping it was BS. I am going to attempt to get more info out of the complaintant just to satisfy my curiousity.

    And yes, there is a way to know who owns guns, at least the ones bought by dealers - it's called a form 4473. Due to the GCA of 1968, the commercial sale of firearms had to go through FFL holders (GCA '68 has been proven to be a translation of Nazi law), leaving a paper trail. Then you have NICS check records - now I know they are supposed to be deleted, but I'll believe that when my $hit turns purple and smells like rainbow sherbert......


    So the police went to dealers and illegally obtained 4473s, then went out in search of gun owners? All while the area was in chaos? Your friend has watched Red Dawn too many times.

    Did you know that Texas Passed a law;

    GOVERNMENT CODE
    TITLE 4. EXECUTIVE BRANCH
    SUBTITLE B. LAW ENFORCEMENT AND PUBLIC PROTECTION
    CHAPTER 418. EMERGENCY MANAGEMENT
    SUBCHAPTER A. GENERAL PROVISIONS
    Sec. 418.003. LIMITATIONS. This chapter does not:

    (1) limit the governor's authority to apply for, administer, or expend any grant, gift, or payment in aid of disaster mitigation, preparedness, response, or recovery;(2) interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;(3) interfere with dissemination of news or comment on public affairs, but any communications facility or organization, including radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with a disaster or potential disaster;(4) affect the jurisdiction or responsibilities of police forces, fire-fighting forces, units of the armed forces of the United States, or of any of their personnel when on active duty, but state, local, and interjurisdictional emergency management plans shall place reliance on the forces available for performance of functions related to disasters;(5) except as provided by Section 418.184, authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition; or(6) limit, modify, or abridge the authority of the governor to proclaim martial law or exercise any other powers vested in the governor under the constitution or laws of this state independent of or in conjunction with any provisions of this chapter.

    GOVERNMENT CODETITLE 4. EXECUTIVE BRANCHSUBTITLE B. LAW ENFORCEMENT AND PUBLIC PROTECTIONCHAPTER 418. EMERGENCY MANAGEMENTSUBCHAPTER H. MISCELLANEOUS PROVISIONS 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 a firearm and any ammunition 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


    TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES
    SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY
    CHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES
    Sec. 229.001. FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.(b) Subsection (a) does not affect the authority a municipality has under another law to:(1) require residents or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;(2) regulate the discharge of firearms within the limits of the municipality;(3) regulate the use of property, the location of a business, or uses at a business under the municipality's fire code, zoning ordinance, or land-use regulations as long as the code, ordinance, or regulations are not used to circumvent the intent of Subsection (a) or Subdivision (5) of this subsection;(4) regulate the use of firearms in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety;(5) regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation; or(6) regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a:(A) public park;(B) public meeting of a municipality, county, or other governmental body;(C) political rally, parade, or official political meeting; or(D) nonfirearms-related school, college, or professional athletic event.(c) The exception provided by Subsection (b)(6) does not apply if the firearm is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm is of the type commonly used in the activity.(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.
     

    sharky47

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    Yes, I am aware of all of that - I just wanted to hear some first-hand accounts to satisfy my curiousity.

    Now as for as people calling themselves government being restrained by law - that is no comfort to me. New Orleans proved this beyond a shadow of a doubt even for people who really had their head in the sand. People calling themselves government on at least the city and state level blatantly violated the second amendment - there is no disputing that. So, the idea that words on paper will protect my liberty is a pipe dream.
     

    DrBart2

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    I have an Uncle and cousin who live in Galveston and "lived" in Crystal Beach and neither one has mentioned any thing like that. If they knew about it they would have definitely said something!
     

    JKTex

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    JKTex,

    Which one you lookin for? I gotta couple options for ya............

    302449.gif





    bs.gif


    and of course the meter I already used.

    There you go! Now the BS is handled!

    ^^^
    And yes, there is a way to know who owns guns, at least the ones bought by dealers - it's called a form 4473.

    And to tag along with txinvestigator on that one, since they are used by FFL's and kept on record by the FFL, how would a LEO get their hands on any, and what/who would direct LEO to do such a thing. It's a rhetorical question by the way.

    So the police went to dealers and illegally obtained 4473s, then went out in search of gun owners? All while the area was in chaos? Your friend has watched Red Dawn too many times.



    Man, you are the living, on-line legal reference!! Thanks for keeping everyone on the right track, and saving some of us from blindly digging for what we know is there somewhere but takes us hours just to figure out where to start looking.
     

    juwaba98

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    May 9, 2008
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    To those who asked and those who didnt,

    Feel free to use any smilies or graphics I post in any manner you like. None of them are original to me and can be found on the internet rather easily.
     

    htxred

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    Apr 6, 2008
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    inner loop houston
    ^^^
    Thanks guys, I was hoping it was BS. I am going to attempt to get more info out of the complaintant just to satisfy my curiousity.

    And yes, there is a way to know who owns guns, at least the ones bought by dealers - it's called a form 4473. Due to the GCA of 1968, the commercial sale of firearms had to go through FFL holders (GCA '68 has been proven to be a translation of Nazi law), leaving a paper trail. Then you have NICS check records - now I know they are supposed to be deleted, but I'll believe that when my $hit turns purple and smells like rainbow sherbert......
    the 4473 is the form that the dealers keep and file away for 20 years. Being that this is texas and all, im pretty sure thats millions of 4473's to go through.

    Also the NICS check wouldnt give anything away either since we, the dealers, do not transfer any information about the firearm except if its a handgun or long gun. Only when its a multiple firearm purchase we have to go into detail, but other then that, the only people who know the serial numbers of your non-nfa weapon is the manufacture, dealer, and you.

    the 4473 is nothing but a joke when it comes to "paper trail".. credit cards leave a thicker trail then the 4473.





    on a side note, i heard rumors that home owners were actually open carrying on the island when they started letting people back in with no problems. again, not sure how accurate the rumor is, i for one wouldnt be suprised.
     
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