NYC mayor Bloomberg refuses help from the Army National Guard because they have guns

[Gary and Alla 3,694]

Dude! National Guard are exempt from Posse Comitatus while on state active duty. Get a clue.

I am perfectly comfortable with your ignorance of the subject, in fact, I prefer that my opponents in an issue are ignorant. Please, do not research what you say.

[I AM NOT THAT GUY 5,715]

The National Guard nor any military branch is allowed to confiscate weapons from legal gun owners unless Martial Law is declared by the president of the United States of America.

The National Guard is under state authority unless federalized. While under state control, they have a different set a of regulations governing them than when they are under federal active duty. Governors can also declare martial law within their states. If the state legislatures want to limit the governor's authority in regard the confiscation of firearms as 20 some odd states have done, they can do so. But there is nothing in the federal law that limits the sovereignty of the states in regards to using the Air and Army National Guard organic to their states. BTW, the Coast Guard is also exempt from Posse Comitatus, and there is no restriction on their ability to confiscate firearms within their jurisdiction.

ETA: Game wardens and Fish and Game as well can do a lot of things law enforcement cannot.

Edited November 11, 2012 by The Patriot

[I AM NOT THAT GUY 5,715]

I am perfectly comfortable with your ignorance of the subject, in fact, I prefer that my opponents in an issue are ignorant. Please, do not research what you say.

Hopeless.

[Gary and Alla 3,694]

The National Guard is under state authority unless federalized. While under state control, they have a different set a of regulations governing them than when they are under federal active duty. Governors can also declare martial law within their states. If the state legislatures want to limit the governor's authority in regard the confiscation of firearms as 20 some odd states have done, they can do so. But there is nothing in the federal law that limits the sovereignty of the states in regards to using the Air and Army National Guard organic to their states. BTW, the Coast Guard is also exempt from Posse Comitatus, and there is no restriction on their ability to confiscate firearms within their jurisdiction.

ETA: Game wardens and Fish and Game as well can do a lot of things law enforcement cannot.

Google "Katrina gun confiscation"

[I AM NOT THAT GUY 5,715]

Google "Katrina gun confiscation"

Don't you know how to post a link?

[Gary and Alla 3,694]

Don't you know how to post a link?

I do not accept the responsibility of educating you. You can inform yourself or remain ignorant. Makes no difference to me. You have not posted any links, just spouted incorrect, or outdated information. I know the facts and really could not possibly care less if you do. My rights have been protected from ignorance.

Edited November 11, 2012 by Gary and Alla

[I AM NOT THAT GUY 5,715]

no

I was wrong about the Coast Guard. They would fall under this law. National Guard on state active duty would not.

‘‘SEC. 706. FIREARMS POLICIES.

‘‘(a) PROHIBITION ON CONFISCATION OF FIREARMS.—No officer

or employee of the United States (including any member of the

uniformed services), or person operating pursuant to or under color

of Federal law, or receiving Federal funds, or under control of

any Federal official, or providing services to such an officer,

employee, or other person, while acting in support of relief from

a major disaster or emergency, may—

‘‘(1) temporarily or permanently seize, or authorize seizure

of, any firearm the possession of which is not prohibited under

Federal, State, or local law, other than for forfeiture in compliance

with Federal law or as evidence in a criminal investigation;

‘‘(2) require registration of any firearm for which registration

is not required by Federal, State, or local law;

‘‘(3) prohibit possession of any firearm, or promulgate any

rule, regulation, or order prohibiting possession of any firearm,

in any place or by any person where such possession is not

otherwise prohibited by Federal, State, or local law; or

‘‘(4) prohibit the carrying of firearms by any person otherwise

authorized to carry firearms under Federal, State, or

local law, solely because such person is operating under the

direction, control, or supervision of a Federal agency in support

of relief from the major disaster or emergency.

‘‘(b) LIMITATION.—Nothing in this section shall be construed

to prohibit any person in subsection (a) from requiring the temporary

surrender of a firearm as a condition for entry into any

mode of transportation used for rescue or evacuation during a

major disaster or emergency, provided that such temporarily surrendered

firearm is returned at the completion of such rescue or

evacuation.

‘‘© PRIVATE RIGHTS OF ACTION.—

‘‘(1) IN GENERAL.—Any individual aggrieved by a violation

of this section may seek relief in an action at law, suit in

equity, or other proper proceeding for redress against any person

who subjects such individual, or causes such individual

to be subjected, to the deprivation of any of the rights, privileges,

or immunities secured by this section.

‘‘(2) REMEDIES.—In addition to any existing remedy in law

or equity, under any law, an individual aggrieved by the seizure

or confiscation of a firearm in violation of this section may

bring an action for return of such firearm in the United States

district court in the district in which that individual resides

or in which such firearm may be found.

‘‘(3) ATTORNEY FEES.—In any action or proceeding to enforce

this section, the court shall award the prevailing party, other

than the United States, a reasonable attorney’s fee as part

of the costs.’’.

http://www.gpo.gov/fdsys/pkg/PLAW-109publ295/pdf/PLAW-109publ295.pdf

[Gary and Alla 3,694]

I was wrong about the Coast Guard. They would fall under this law. National Guard on state active duty would not.

Google: Katrina firearms confiscation

What you posted has nothing to do with the National Guard. You assume absence of evidence is evidence of absence. It isn't.

[The Nature Boy 4,224]

Dude! National Guard are exempt from Posse Comitatus while on state active duty. Get a clue.

You are right. I spent 13 years as a National Guard Officer. Keep in mind those mobilized for Iraq etc are on active Duty and not under state control. Almost always when on riot control or disaster relief missions they are under state orders.

That was one of the problems with Katrina. Bush and FEMA tried to get the state govt to mobilize the guard much earlier than they did , but could not force them unless they activated them for federal duty.

[I AM NOT THAT GUY 5,715]

You are right. I spent 13 years as a National Guard Officer. Keep in mind those mobilized for Iraq etc are on active Duty and not under state control. Almost always when on riot control or disaster relief missions they are under state orders.

That was one of the problems with Katrina. Bush and FEMA tried to get the state govt to mobilize the guard much earlier than they did , but could not force them unless they activated them for federal duty.

I only spent eight plus years is the National Guard, four of those as an officer. I have two humanitarian service medals for being deployed on Federal disaster duty, and numerous awards for state active duty disasters. California has an organic infantry division within the state, and enough other personnel under Troop Command to form another division. I don't know if any other states have two major generals in charge of Army National Guard units.

Katrina was just a C.F. in one area only. Both the mayor and the governor was useless. National Guard troops work in support of and under the control of local authorities when acting in a law enforcement role. During all my disaster tours, we coordinated closely with city, county, and state officials. We brought resources the civilians didn't have, and we always worked with local agencies. I only brought my armory with me one time, and those weapons were never issued. I guess California, and Alabama, and Mississippi, and Florida just do a better job utilizing their state resources than New Orleans and the Louisiana State Government did.