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Make a copy of this and keep it in your house and in your vehicles:

42 USC § 5207 - Firearms policies | Title 42 - The Public Health and Welfare | U.S. Code | LII / Legal Information Institute

US code Title 42 USC § 5207 - 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.

(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.
 

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Thanks! Good info to have at the roadblock on the way to the safehouse at the lake. No, you cannot have my legally owned firearm and I can sue you personally if you take it by force (assuming our court system will still be around). Might be a useful bluff attempt if nothing else.


"Accuracy is being able to take the head off a tick at 70 miles"
 

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Take a look at what happened during Katrina. This would have had no affect on the police taking the guns away. Our laws and training of our law enforcement has gotten to the point that if yo convince our soldiers, or police officers that the public safety is at risk they will do whatever is necessary or ordered. It would take an extremely courageous individual under orders to not fulfill the order due to this piece of paper. This the fear of "MARTIAL LAW"............One of my biggest fears since I believe that under MARTIAL LAW we all would all be in trouble since the soldiers and police would be acting under laws they believe are for the safety of the public. Despite the actual reasons.....
 

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It probably wouldnt help at the time - waving it would just piss off them off and they'd confiscate your guns anyway. But, it would be good info to have for the aftermath when you sue the pants off them, IMO.
 

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All right already, the guy posted this because he thought it might be helpfull, ( it could be I dunno) stop giveing him the raspberries
 

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Discussion Starter · #12 ·
For all of those who say this does not matter or it would not do a thing, why are you abiding by the SAFE Act? Where is your 30 round magazines, AK's, AR's, drum magazines and forward grips? Jack booted thugs are going to take your guns anyways so why are you complying?
 

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My Constitutional Law knowledge is rusty as a barn hinge, but I wished we could have filed an 11th Amendment claim in the Federal courts against NYS officials operating "outside the color of law" when they enforced the "[un]Safe Act.

The state officials enforcing Jim Crow laws passed by state legislators which trampled the US Constitutional rights of black Americans were sued with the same concept, the state cannot (in theory) p*ss all over our Constitutional rights, especially the 2 Am of the original Bill of Rights, WTF.
 

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Are we somehow in danger of having the USMC come into NY and take our guns? This is federal law, and only applies to federal officials. The "funded by" stuff sounds good, but if you take the argument to US district court that your local PD or sheriff or the NYSP is a federally funded LE agency, expect to get slapped down hard.

This law does not apply to any law enforcement under NY or local control, and it most likely would not apply to NY National guard while they are acting under state control during a state of emergency.

This law is more of a boundary type law - for instance, if during the Boston bombing manhunt the ATF or FBI wanted to use the MA gun registrations to confiscate guns - this law would prevent the FBI or ATF from doing that.
 

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For all of those who say this does not matter or it would not do a thing, why are you abiding by the SAFE Act? Where is your 30 round magazines, AK's, AR's, drum magazines and forward grips? Jack booted thugs are going to take your guns anyways so why are you complying?
I refuse to comply for the fact that I am NOT a criminal and I have no malicious intentions on using my firearms for anything other then harmles and safe recreational and competitive shooting. I have to ask ya though James .... aren't those dang words "is not otherwise prohibited by Federal, State, or local law" making this useless or not?? When I said "I think" ... I meant it!! LOL I really don't know if what you posted is even valid now since the UNSAFE Act has been signed into law. I'm not a lawyer nor am I a scholar by any sense of the word, but those damn words seem to turn this in favor of allowing confiscation correct? Where the hell is Shooter??

...and remember folks ... no personal attacks or posts along those lines. Well ... unless it has to do with ****** and doomturd and obummer and such ... you can bash them all ya want!! ;)
 

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for all of those who say this does not matter or it would not do a thing, why are you abiding by the safe act? Where is your 30 round magazines, ak's, ar's, drum magazines and forward grips? Jack booted thugs are going to take your guns anyways so why are you complying?
lmfao.

I do tend to agree though. It won't do a thing. If a cop sees blood in the water then the laws be damned it seems in this state.
 

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I agree with what that laws says but that doesn't mean this dictatorship of a state is going to follow any law but the one that Cuomo makes up.
 

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lmfao.

I do tend to agree though. It won't do a thing. If a cop sees blood in the water then the laws be damned it seems in this state.
True, but at least if you are an ax-murderer, child rapist, serial killer, etc., the ACLU will be there to defend your "rights" against "the man", they love criminals unless they are a simple gun collector who violates the [un]Safe Act.
 

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The only thing that can stop someone from confiscating a gun is another gun.
 
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