The month of February began with the snowstorms pounding the eastern part of the country, strong storms which caused a strange event in King, North Carolina. A “state of emergency” was declared there, causing a state law to kick in; a law which disarmed citizens and banned alcohol sales. The people of King were infuriated.
Later in the month, a strange conversation took place on Fox’s Bill O’Reilly show in an interview between O’Reilly and Oath Keepers founder, Stewart Rhodes. Bill O’ actually justified disarming law-abiding citizens during times of emergencies.
But how would this type of “emergency gun control” work in a true declared emergency?
It already has in New Orleans, during the aftermath of hurricane Katrina. And now, we get this bit of news from the Justice Department about the shooting of six unarmed people by the New Orleans Police Department and the cover-up which took place afterward.
The emergency disarming of citizens is unconstitutional, and it can happen, as we saw in New Orleans. But could it happen in Arkansas? Arkansas has a law against the taking of firearms during a time of emergency by law enforcement as dictated in State Code:
12-61-115. Proclamation of emergency.(a) Whenever any portion of the militia is employed in aid of the civil authority, the Governor, if in his judgment the maintenance of law and order or preservation of the public health or security will thereby be promoted, may by proclamation declare the county, city, zone, or sector in which the troops are serving, or any specified portion thereof, to be in a state of insurrection or emergency.(b) Should the Governor proclaim a state of insurrection or emergency hereunder and in the event the local courts or law enforcement officers are incapable of functioning, such legal functions in furtherance of the enforcement of the civil laws of the state shall be performed by the militia.(c) This section does not authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition.(d) Any law enforcement officer or member of the militia who seizes or confiscates a firearm or ammunition from an individual under this section shall return the seized or confiscated firearm or ammunition to the individual unless:(1) The individual is arrested for a criminal offense; or(2) The seized firearm or ammunition is needed as evidence in the furtherance of an investigation of a criminal offense.
The bad news is the “militia” is able to shut down gun stores, completely stopping any transfers of firearms and ammunition:
12-61-112. Powers, duties, and immunities of militia.(a) Whenever such forces or any part thereof shall be ordered out for service of any kind, they shall have all powers, duties, and immunities of peace officers of the State of Arkansas in addition to all powers, duties, and immunities now otherwise provided by law.…(c) Whenever any part of the militia of the state is on active duty pursuant to the order of the Governor in the enforcement of the law or executing the orders of the Commander-in-Chief, the commanding officer of such troops may order the closing of any place where arms, ammunition, dynamite, or other explosives are sold and restrict or forbid the selling, bartering, lending, or giving away of any such articles so long as any of the troops remain on duty in such place, or in the vicinity where such place may be located, whether any civil officer has forbidden the same or not.
What is the bottom line for the people of Arkansas during a time of emergency in which the National Guard has been given the powers of law enforcement? If a citizen is disarmed without being under arrest for a crime other than the legal carry of a firearm, the taking of the firearms will be unconstitutional. However, laws cannot prevent these illegal incidents from happening, as we see from the bridge shooting in New Orleans. We can only punish the lawbreakers after the fact.
Also, the distributing of firearms to law-abiding citizens can be banned under Arkansas law if an emergency has been declared and the militia is empowered. This law is unconstitutional, infringing upon the right to keep and bear arms by the citizens. It should be repealed.
Arkansas’s emergency powers laws are very friendly to the normal citizen, but they should be cleaned up.
Enjoy this article? Receive email alerts when new articles have been published. Just click on the "Subscribe" button above.
More from Gun Rights Examiners
Atlanta: Ed Stone | Austin: Howard Nemerov | Boston: Ron Bokleman | Charlotte: Paul Valone | Cheyenne: Anthony Bouchard | Chicago: Don Gwinn | Cleveland: Daniel White | DC: Mike Stollenwerk | Denver: Dan Bidstrup | Fort Smith: Steve D. Jones | Grand Rapids: Skip Coryel | Knoxville: Liston Matthews | | Los Angeles: John Longenecker | Minneapolis: John Pierce | National: David Codrea | Phoenix: Douglas Little | Pittsburgh: Dan Campbell | Seattle: Dave Workman | St. Louis: Kurt Hofmann | Tucson: Chris Woodard | Wisconsin: Gene German
Comments
It's a damn shame the Ar. legislature and law enforcement community recognize no duty to the law. If they did, how would one explain what happened to Wayne Fincher and what did not happen to a traitorous federal judge by the name of Jimm Larry Hendren?
Steve, you seem to have implied that the National Guard IS the Militia. It is not, never has been, and never will be.
I think a big part of the problem is that people allow themselves to be disarmed. if you allow this to happen to you, then you deserve whatever they do to you.
Louis, I don't know where you are from, but in Arkansas there are two militias; the organized (Arkansas National Guard) and the unorganized (citizens). Arkansas Law provides for the calling up of the organized militia during emergencies.
I understand where you are coming from; I don't believe the National Guard is the militia, either. But Arkansas law says they are.
Organized militia is the National Guards of the various states. They are not the unorganized militia (not to be confused with disorganized) which is the body of the people. The organized militia (National Guard) can be federalized by the POTUS, the militia cannot. They serve at need and if agreeable at the request of their state's governor. Huge differences, huge distinctions between the task of each, but the militia cannot be suborned by the feds as can the National Guard. That is one of the reasons the powers that be are wary of the militas of the citizens' variety as p;rovided for in the constitution. You will also note that the constitution does not provide for the National Guard. That was instituted by by US code (law).
The colonial sponsors were much too poor to support an army of professional soldiers--men whose sole occupation was to train and prepare for war--necessitating the colonists provide for their own defense. Thus, the Militia Tradition was revitalized and the first colonists from Great Britain brought arms with them aboard their ships and men trained in war to lead them. Immediately upon arrival to the American continent they formed an armed Militia from among themselves.
In irrefutable historical fact, Militias have always been comprised of Armed ‘Citizens’.
While groups may still retain their militia designation (such as regiments & etc. ), once under state or federal control/direction they are no longer acting as a ’Militia’ but as agents/employees of government.
Guard Units, being comprised of paid professional soldiers under direction of gov't, are not 'Militias' in any sense of the word. Additionally, when called into service, they effectively become part of a standing Army.
"If they can get you asking the wrong questions, they don't have to worry about the answers." - Thomas Pynchon ("Gravity's Rainbow")
Regardless of the situation, Molon Labe.
Those within gov’t declaring an ‘emergency‘ is one matter. Ignoring moral codes of conduct, prohibitive laws and suspending ‘rights’ are other matters indeed. The notion of such acts being for the protection of the Citizens discounts the self-evident fact that gov’t always acts in its own interest first, and seldom misses any opportunity to seize ungranted power for itself.
Agents acting on behalf of gov’t to intentionally violate the rights of the Citizens are no less than actual criminal offenses.
The crimes committed in N'orleans in the aftermath of Katrina by gov‘t agents were Immoral, unconscionable, illegal and inexcusable at best. Most offenders to this very day have not been prosecuted for their crimes.
Under any circumstances, arbitrary seizure of firearms by agents of government is irrefutably no less than actual ACTS of WAR by government upon the Citizens.
In light of this fact, it's naturally expected in the future that the Citizens will respond accordingly.
"We hold these truths to be self-evident... except when the weather is bad."
> We can only punish the lawbreakers after the fact.
Actually, Katrina proved conclusively that we can't punish them then, either.
Got something to say?
Examiner.com is looking for writers, photographers, and videographers to join the fastest growing group of local insiders. If you are interested in growing your online rep apply to be an Examiner today!