VI Gov allowing the seizure of private guns, ammunition, explosives

General General Discussion
1

The DHS law doesn’t apply? Following the seizures of private owned firearms in NO, NRA filed a suit, resulting in:

In 2006, moreover, President George W. Bush signed into law the Department of Homeland Security Appropriations Act, which contained an NRA-backed amendment sponsored by Sen. David Vitter (R-La.). The amendment prohibits persons acting under color of federal law, receiving federal funds, or acting at the direction of a federal employee from seizing or authorizing the seizure of lawfully-possessed firearms or imposing or enforcing certain restrictions on firearms during a state of emergency.

U.S. Virgin Islands Gov. Kenneth Mapp signed an emergency order allowing the seizure of private guns, ammunition, explosives and property the National Guard may need to respond to Hurricane Irma.

http://dailycaller.com/2017/09/05/virgin-islands-allows-national-guard-to-seize-guns-ammo-ahead-of-hurricane-irma/

2

Some folks still don’t understand who won the election.

3

“Our National Guard and Police services will be greatly encumbered and will be prioritized elsehere but we are gonna need your guns and possibly your private property as well. Kaaay? Thaaaaanks.”

Now, to some guy in a comfortable position that seems like a good idea. The ol’ Ralph Wiggum “I’M HELPING!” mentality.

But there are going to be folks who are already laughing, hiding their shit, and are getting ready to loot. Knowing everyone else will be busy and that the cops wont be breaking rank to save everybody.

So call it what it is…the Sitting Duck Principle.

Also if you cannot completely guarantee my safety then leave me alone.

4

“Also if you cannot completely guarantee my safety then leave me alone.”

Words to live by.

5

This is way worse than just confiscation.

The way I read it is that they can take your property for their own use–in other words it’s more like asset forfeiture than mere seizure.

Am I reading it wrong?

6


U.S. Virgin Islands Gov. Kenneth Mapp signed an emergency order allowing the seizure of private guns, ammunition, explosives and property the National Guard may need to respond to Hurricane Irma

Seems like a direct violation of the 5th Amendment:

…nor shall private property be taken for public use, without just compensation.

7

You beat me to the post. I was going to link up the article. This is completely unacceptable. And, not surprisingly, the mainstream media is not reporting this. It’s not often that the 2nd and, possibly 3rd amendments, are violated at the same time:

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in manner to be prescribed by law.

This issue needs to be watched closely. Our justice department needs to intervene.

8

Do United States Marshals have jurisdiction in the USVI? If so, it seems to me that they have a governor to arrest. :frowning:

9

Seems like they are going to get away with it too. Sure in the case of LA, the NRA sued and eventually some people had their property returned, usually in “destroyed” condition.

10

See, this is how folks get shot.

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11

USVI is an “unincorporated territory”, meaning the US Constitution only partially applies.

Now, I’ve not done enough research to know which part(s) that may be, but the Guvnah may well be within his rights…idiotic as the decision is.

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12

It isn’t USVI National Guard, it is the National Guard, acting under the color of the National Government.

Friend said they are going to use all those firearms to shoot at Irma.

13

The USVI already have uber-strict gun laws. Can’t see it making much of a difference (not that it’s okay, because it isn’t).

14

Loesch’s take: NRA sues over Virgin Island’s seizure of guns
Sep. 07, 2017 - 5:06 - The governor of the US Virgin Islands says he did not order the ‘seizure’ of guns and ammo in preparation of Hurricane Irma … but he did. Dana Loesch sounds off on the confusion over the order and alleged compromise of gun rights #Tucker

http://video.foxnews.com/v/5568306435001/?#sp=show-clips

15

“Quickly, before the biggest storm in history is upon us go and seize all the guns Ruby Ridge style!”

I mean, seriously . . . lot more important things to worry about than personally owned firearms at a time like this.

16

Not if you are a raging liberal. Human life ranks pretty low on the list for them.

17

Post by: US & Texas LawShield

[b][i]

FINAL WORD

So, there you have it. During our times of disaster, we can all focus on recovery and not have to worry about the authorities coming along and confiscating our firearms. The Second Amendment survives disasters.
[/i][/b]

https://blog.uslawshield.com/can-government-confiscate-guns-disaster/

18

But the People in the VI are screwed…

Funny part is that the Liberal Left is always saying how the US can’t do this or that to foreigners because of the US Constitution… yet we can scew them out of their rights if they are citizens living in a US Territory. Anyone else find that horribly wrong?

[i][Addendum: Due inquiries from Members, this story was updated on Sept. 7.]

U.S. VIRGIN ISLANDS CONFISCATING FIREARMS

On Tuesday, the island’s Governor ordered the National Guard to confiscate weapons and ammo that may be required for them to carry out their mission. What that specifically means is unclear. Also, the U.S. Virgin Islands IS NOT governed by the U.S. Constitution, but instead by the “Revised Organic Act of the Virgin Islands,” a federal law approved by Congress in 1954. The island does not have its own constitution yet.

The NRA has threatened to file a lawsuit, and here is their take:

In 1997, the chairman of the House Committee on Resources asked the General Accounting Office (GAO) to clarify just how the U.S. Constitutional applies to various “U.S. Insular Areas,” including the U.S. Virgin Islands. Its findings were inconclusive and unsettling, especially to those now living under Governor Mapp’s orders. Said the report:

Under the Insular Cases and subsequent decisions, rights other than fundamental rights, even though they may be stated in the Constitution, do not apply to the territories or possessions unless the Congress makes them applicable by legislation. The Congress can by law extend the coverage of the Constitution in part or in its entirety to a territory or possession, and has done so with respect to some territories. In the absence of such congressional action, however, only fundamental rights apply.

Digging further, one finds that only parts of the Fifth Amendment are considered to be “fundamental” based on court rulings, and none of the Sixth Amendment applies. And nothing is said in the 75-page report about the Second.

If the NRA does sue and their position is sustained by the courts that people living on the island are U.S. Citizens with full protection of the U.S. Constitution, the issue will be settled. If not, or no suit is filed, those living on the island will be subjected to having their weapons confiscated by the National Guard.[/i]

19

There is a reason I’m asking this - is anyone in the actual Virgin Islands upset about the order?

The reason I’m asking is that based on my crude understanding of the law, the NRA itself has no standing to bring the a suit without an actual aggrieved party.

Not that I am for the VI NG being able to seize weapons, I am also wondering if the announcement the NRA ‘may’ sue is merely an attempt to get them (the NRA) in the news.

20

Does the ACLU have aggrieved parties when they file their litany of lawsuits? I’m not sure that “activist” lobbies have to have one in order to file suit but then again I’m not an attorney and I’ve never played one on TV.