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Gun confiscation bill

Nylarthotep notes the house voted Tuesday to prevent law enforcement officers from confiscating legally owned guns during a national disaster or emergency. The senate approved a similar measure a while back. It seems to me to be similar to the senate version in that it bans funding for confiscations. I’m still searching for the vote record. It’s apparently not as quickly updated as the Senate website.

8 Responses to “Gun confiscation bill”

  1. Sebastian Says:

    This is good, but are they using the 14th and 2nd amendment to do this or is this just more abuse of the commerce clause?

  2. Ron W Says:

    I think the language of the bill says IF the guns are legal according to federal and state laws. I heard that Tennessee has a law allowing the governor to confiscate legally owned guns form law-abiding citizens during a “declared emergency”. Does the governor declaring an emergency then make our guns illegal? A bill was passed in the State Senate which would end that in Tennessee, but as usual, it was “shot down” by a Jimmy Naifeh anti-gun House committee so that it could not be voted on by the full House.

    Also, I found the Senate roll call vote which gave the individual votes. 16 of the most anti-gun Senators voted FOR government gun confiscations including presumptive Democratic Presidential front-runner in 2008, Hillary Clinton. No surprise there. Has anyone found the House roll call vote (Hr-5013)? 99 House members voted for gun confiscations—I’d like to see who they are. My Congressman, Bart Gordon, has been a fairly reliable pro-gun rights vote. However, i’m wondering how Senate candidate, Harold Ford voted.

  3. Xrlq Says:

    This is good, but are they using the 14th and 2nd amendment to do this or is this just more abuse of the commerce clause?

    Neither, if this bill is anything like the earlier Senate bill. That one merely prohibits federal funds from being used toward confiscation, which depends on the tax and spend power, no the commerce clause.

    That said, a federal gun ban preemption under the 14th and 2nd Amendments would be a cool thing to try.

  4. anonymous Says:

    Only forbids confiscation during times of “national emergency.” That implies that it’s ok to confiscate them during times of NO national emergency.

    Kiss your guns goodbye in the near future.

  5. Standard Mischief Says:

    is it this ( H.R. 5013 ) bill?

    I think this part makes it a bit different than the senate version. From (part of) the bill:

    `(c) 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.’.

    I think that means you can sue the pants off the thieving thug that confiscates your firearm.

    OK, people. We’ve got two different bills, one passed by the house, the other by the senate. Before it goes to the president, they get together and work out the differences. This is yet another time that they can pull the standard mischief.

  6. Standard Mischief Says:

    That’s 458 words in the non-binding preamble/title section, and 450 words in the meat of the bill, for a total of about 908 words.

    Again, I’d like to point out that when they wish to make their intent clear, the language of the bill is clear, short, and easy to understand with a minimum of legalese BS.

  7. Standard Mischief Says:

    this should be the roll:

    and my congress-critter is on the wall of shame. Also 11 bastards couldn’t even bother to take a stand. Why again do be pay them?

  8. Ron W Says:

    Standard Mischief,

    I noticed our U.S. Senate candidate, Harold Ford, was one of the 11 who didn’t vote. That will be a good question for him in the general election. Since he’s got support from the Clinton’s (Hillary voted FOR the Senate version of gun confiscation) then I guess he’s gotta appease the citizen diarmanment left and make Tennesseans think he’s OK with their guns.

Remember, I do this to entertain me, not you.

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