Guntersville Ala. wants to disarm citizens

[yepthatsme]

I hope this isn't a dupe. I did a search on the topic. Anyway, Guntersville AL. wants the police to have the power to disarm unruly citizens during times of disasters.

» City Wants Power to “Disarm Individuals” During Crisis Alex Jones' Infowars: There's a war on for your mind!

Here's another one for the power hungry.

 

[AlphaSig112]

Seems like a ridiculous proposal to give them the right to seize weapons for no reason without the fear of repercussions for unlawful seizure.

 

[jgreiner]

Time for that city to toss all it's leaders out on their ears.

 

[Valvestate]

Tar and feathers. Tar and feathers.

 

[rambone]

Proposed Guntersville ordinance sparks controversy

www.youtube.com/watch?v=C3NQyMqu4Ek

 

[Kirk Freeman]

As someone who spends a lot of time in Guntersville . . . you must be kidding me.

This'll go over like a lead ballon.

I think Guntersville just insured that Alabama going to have a nice Floridaesque preemption statute by 2014.

 

[Shibby575]

During Katrina New Orleans did it. What kind or litigation have you heard about?? Very little, and it left the legally armed open to anything the criminals care to assert themselves to do. Including the looting cops. Also How in the hell did the national guard have any legal policing powers? No Powers to be asserted on home turf??

 

[cobber]

Wow, a Commie with a Southern drawl. Now I've seen it all!

 

[Kirk Freeman]

What kind or litigation have you heard about??

Ummm, what? Other than the enormous federal lawsuit that the NRA initiated against the City of New Orleans?

NRA Lawsuit: New Orleans Gun Owners' Rights Violated During Katrina Firearm Seizures | Fox News

 

[Timjoebillybob]

Also How in the hell did the national guard have any legal policing powers? No Powers to be asserted on home turf??

The Posse Comitatus Act does not prohibit the National Guard that are under state control from being used for law enforcement. It prohibits (generally but not always) federal troops which the National Guard is not, unless they have been called up by the feds.

Posse Comitatus Act - Wikipedia, the free encyclopedia

 

[CathyInBlue]

IC 10-14-3-33.5
Regulation of firearms
Sec. 33.5. (a) Except as provided in subsection (b), the state, a political subdivision, or any other person may not prohibit or restrict the lawful possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during:
(1) a disaster emergency;
(2) an energy emergency; or
(3) a local disaster emergency;
declared under this chapter.
[...]
As added by P.L.90-2010, SEC.2. Amended by P.L.17-2011, SEC.1; P.L.114-2012, SEC.22.

IC 10-14-3-34
Offenses
Sec. 34. A person who knowingly, intentionally, or recklessly violates this chapter commits a Class B misdemeanor.
As added by P.L.2-2003, SEC.5. Amended by P.L.115-2003, SEC.13.

A LEO who tries to unilaterally disarm anyone in an emergency situation can be arrested on the spot via citizen's arrest for a B misdemeanor.

 

[lyninger123]

disarmament the new "protective" measures

It seems that the masses again are sheep

 

[Timjoebillybob]

A LEO who tries to unilaterally disarm anyone in an emergency situation can be arrested on the spot via citizen's arrest for a B misdemeanor.

This is in AL not IN. And you might want to read the citizen's arrest statute. I don't believe you can in this instance.

IC 35-33-1-4
Any person
Sec. 4. (a) Any person may arrest any other person if:
(1) the other person committed a felony in his presence;
(2) a felony has been committed and he has probable cause to believe that the other person has committed that felony; or
(3) a misdemeanor involving a breach of peace is being committed in his presence and the arrest is necessary to prevent the continuance of the breach of peace.
(b) A person making an arrest under this section shall, as soon as practical, notify a law enforcement officer and deliver custody of the person arrested to a law enforcement officer.
(c) The law enforcement officer may process the arrested person as if the officer had arrested him. The officer who receives or processes a person arrested by another under this section is not liable for false arrest or false imprisonment.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.7.

 

[CathyInBlue]

I heard the twang in Mayor Gunn-Grabbar's voice. I know Gunterville's in `Bama. I posted that to contrast the politico-legal environment of AL with that of IN.

And note 35-33-1-4(a)(3). You telling me a LEO attempting to disarm legally armed Hoosiers in an emergency situation is not causing a breach of peace by doing so? Yeah. He is. You telling me that that breach of peace would not get violent as soon as those he's attempting to unlawfully disarm resisted? Yeah. It would. Would the citizen's arrest be necessary to end said breach of peace? Yeah. It would.

Arrest him. Cuff him with his own cuffs, call his brothers in blue on his own radio to come pick him up. Let them deal with him from there. 33-35-1-4 would be satisfied.

 

[Timjoebillybob]

And note 35-33-1-4(a)(3). You telling me a LEO attempting to disarm legally armed Hoosiers in an emergency situation is not causing a breach of peace by doing so? Yeah. He is. You telling me that that breach of peace would not get violent as soon as those he's attempting to unlawfully disarm resisted? Yeah. It would. Would the citizen's arrest be necessary to end said breach of peace? Yeah. It would.

Arrest him. Cuff him with his own cuffs, call his brothers in blue on his own radio to come pick him up. Let them deal with him from there. 33-35-1-4 would be satisfied.

I'm saying the courts will tell you that. Look at Barnes. And no actually, IMO there would be no breach of peace. An officer isn't supposed to use violence, unless forced to. They are to perform their job peacefully, while being capable of using violence, it isn't inherent in their normal duties.

 

[CathyInBlue]

Look at Barnes. And no actually, IMO there would be no breach of peace.

Look at IC 35-41-3-2(i), (j), and (k). And breach of peace is not defined in IC as far as I know. How would I reasonably know if the officer's shouting of illegal orders to disarm qualifies?

 

[Timjoebillybob]

Look at IC 35-41-3-2(i), (j), and (k). And breach of peace is not defined in IC as far as I know. How would I reasonably know if the officer's shouting of illegal orders to disarm qualifies?

Nope breach of peace is not defined in the IC. It has been loosely defined in case law though. Basically for a crime to be a breach of peace there must be an inherent risk of danger/violence. There is not an inherent risk of violence in a wrongful order/arrest.