Confiscation

jfrey-
Just in case you don't know, this is the way it works (and should) in hurricane areas:
A "Mandatory" evac simply means that you relinquish all expectation of rescue if you refuse to evacuate. Quite simple, really. You CHOOSE to handle your affairs, rather than ceding them to .gov.

So, then. what on earth would it matter what LEGAL possessions you choose to keep during your time of personal independence? And, what on earth would it matter to the Cops what a little old lady who HAD survived still possesses?????
Rich
 
Back to the patches on their arms, if I'm not mistaken, that sure looked like the word "California" on his partner's arm. Maybe someone else would like to rewatch the video and confirm that...
 
A "Mandatory" evac simply means that you relinquish all expectation of rescue if you refuse to evacuate. Quite simple, really. You CHOOSE to handl your affairs, rather than ceding them to .gov.

You 100% sure about that Rich?

Q: What are the requirements concerning hurricane evacuation?
A: When the Governor orders a "Mandatory Evacuation", it is required that everyone in the designated area leave. The "Mandatory Evacuation" Order carries the force of state law. In addition, once you leave the area, the order prohibits you from returning until the Governor suspends the order.
 
I do remember when it first happened and they were indeed People's Republic Of Kalifornia Storm Troopers with, if I recall jackboots(internet is to slow right now to reveiw the footage).

jfrey123,
From your post I gather that you are on the other side of the thin blue line? Try "excessive" force. There is no reason to body check an old lady like that. It is not just her gun being held either, it is the stolen guns of hundreds of law-abiding citizens, violating both the 2nd and 4th Amendments. As Rich stated earlier, the government can not force you to evac. So your argument of resisting an officer is invalid. Also, with that video tape(and likely NRA lawers presenting it) I seriously doubt that trying to charge her with threatening a police officer would get very far.

On a slight tangent, do out of state cops have any right to go around enforcing the law? Or were these guys duputized under the emergency powers? I hope they found some time to do that after the full day of sexual harassment training that voulenteers had to have before they could help.:rolleyes:
 
You 100% sure about that Rich?
Yup. My home's on the beach in S. Florida. I'm still repairing the $100K+ damage from the last one when I LEGALLY flew my own plane into a "closed" Ft. Lauderdale airport to survey the damage.

Q: What are the requirements concerning hurricane evacuation?
I already stated that. There are none. .Gov cannot force you from your home in the event of a Natural Disaster (at least, not today; at least not in Florida). They can refuse you emergency help but, then, you should be prepared for that. And THAT is as it should be.

A: When the Governor orders a "Mandatory Evacuation", it is required that everyone in the designated area leave. The "Mandatory Evacuation" Order carries the force of state law. In addition, once you leave the area, the order prohibits you from returning until the Governor suspends the order.
I disagree. Wanna make a $5,000 wager on it? STEP UP. NOW.
Your keyboard. Your money. Put one where the other is or fade away. :D
Rich
 
Step up now?

at least not in Florida).

Nice caveat since the incident in question wasn't in Florida. Might want to check what in means in LA? In case you missed it, it was in the form of a question(?) not a statement of fact.;)
 
OK: Louisiana
$5,000 is the wager challenge. I haven't even looked at the laws, but I know the foundations. I read a book once before I relegated my education to Internet Fora. ;)

STEP UP or be gone from me. :D

Rich
 
Again, the Q&A I cited for you formulated my question(was taken directly from the State of SC web page)----not statement. From everything I have read on LA regarding the mandatory evacuation, it was indeed mandatory for all designated. I would never be dumb enough to accept a wager that I'm not positive about the answer----and neither should you unless you are 1 of those as my Dad likes to say "has more money then sense".:D

http://72.14.209.104/search?q=cache...andatory+evacuation&hl=en&gl=us&ct=clnk&cd=15
 
MoW-
Somehow, I didn't think you'd STEP UP.
Of course you weren't making a statement. You were just searching for facts. I gave 'em to you with a $5,000 guarantee of their veracity.

You're dismissed now. :D
Rich
 
I see NO FACTS presented by you---only a statement. You were PROVEN wrong with the answer in SC and already said you don't know about LA. Guess he was right, more money then sense.;) ;)
 
ORIGINALLY STATED BY RICH

Just in case you don't know, this is the way it works (and should) in hurricane areas:
A "Mandatory" evac simply means that you relinquish all expectation of rescue if you refuse to evacuate. Quite simple, really. You CHOOSE to handl your affairs, rather than ceding them to .gov.

Let's do it this way-----care to back that statement up with FACTS or should we just accept your word as law!:rolleyes:

PS, please make sure it is the State of Louisiana with the FACTS you will be presenting since that is where this took place.
 
I'm telling you what you insist others on this forum do-----back up your statement with some proof or it is meaningless--in which case I could just close the thread.;)
 
Well, they don't appear to currently think that they have the authority to remove people who choose not to leave during a "Mandatory Evacuation":

Mandatory Evacuation of Designated Persons
by Local Government in Advance of Hurricanes
(LAC 55:XXI.Chapter 1)


Third Line from bottom:
"C. Each parish and municipality shall make provisions for those citizens who refuse to leave when a mandatory evacuation is ordered, which provisions shall respect the rights of personal liberty and freedom of all citizens, while protecting and preserving law and order."

OTOH: http://jurist.law.pitt.edu/paperchase/2005/08/mayor-orders-new-orleans-evacuated.php
The Mayor's mandatory evacuation order, issued through the Civil District Court for the Parish of Orleans, declares:
1. A mandatory evacuation order is hereby called for all of the Parish of Orleans, with only the following exceptions: essential personnel of the United States of America, State of Louisiana and City of New Orleans; essential personnel of regulated utilities and mass transportation services; essential personnel of hospitals and their patients; essential personnel of the media; essential personnel of the Orleans Parish Criminal Sheriff's Office and its inmates and essential personnel of operating hotels and their patrons. Unless covered by one of the aforementioned exceptions, every person is hereby ordered to immediately evacuate the City of New Orleans or, if no other alternative is available, to immediately move to one of the facilities within the City that will be designated as refuges of last resort.

2. In order to effectuate the mandatory evacuation, at the direction of the Mayor, the Chief Administrative Officer, the Director of Homeland Security for the City of New Orleans or any member of the New Orleans Police Department, the City may commandeer any private property, including, but not limited to, buildings that may be designated as refuges of last resort and vehicles that may be used to transport people out the area.

OTOOH: cache:DCOz_5TLfWYJ:www.floodinfo.lsu.edu/downloads
"Nagin said that residents choosing to stay in their homes despite a mandatory evacuation order would not be required to leave. "

"We're dealing with adults," Nagin said. "If you decide to disobey a mandatory evacuation and don't leave, you are confining yourself to your home in an emergency. If you come outside and violate the curfew, you will be arrested."
 
Silicon Wolverine said:
because they were too chicken to shoot the cops that were violating the constitution.
Rich responded:
Strong Words.
Two questions:
1) Is this what you advocate, as opposed to court action?
2) Is this the action you claim you'd take, if placed in her position.

No waffling now. Your statement is Black and White. Answer in the same fashion. Yes or No to each.

Rich also said: Just in case you don't know, this is the way it works (and should) in hurricane areas:
A "Mandatory" evac simply means that you relinquish all expectation of rescue if you refuse to evacuate. Quite simple, really. You CHOOSE to handle your affairs, rather than ceding them to .gov.

So, then. what on earth would it matter what LEGAL possessions you choose to keep during your time of personal independence? And, what on earth would it matter to the Cops what a little old lady who HAD survived still possesses?????

[Professional Philosopher mode ON]

If I might, let me advance the question as a decision point:
i.e., "If one starts with the assumption that one possesses inalienable rights, there must, logically, be some point at which the actions of the government, or of government agents, become so extreme that it becomes morally (though obviously not legally) acceptable to start shooting cops / Nat’l Guard / ATF / etc., etc. If there is no such point at which your actions are morally justified, then the 'rights' that you imagine yourself to have utterly do not exist."

The problem is this: If you aren’t willing to start shooting when armed agents of the government show up on your own private property, in the middle of a life-threatening situation, with guns drawn and pointed, demanding that you, a law-abiding citizen, surrender your lawfully-acquired, lawfully-possessed, means of self-defense, which (from an omniscient viewpoint) they have no intention of ever returning, and no right to confiscate (even from a legal viewpoint, based on subsequent court challenges)...

...Then I would advance the proposition that you have already made the decision that you will never, at any time, resist any government’s assertion that you possess no rights whatsoever that the government does not choose to grant you at any given time.

It is instructive to note that the British soldiers at Lexington and Concorde were: (A) following completely legitimate and lawful government orders to; (B) locate and seize not ordinary hand weapons (rifles and muskets) but cannon and other devices "of no other use but to wage war against large numbers of troops". The Americans colonials who resisted had no legal or lawful authority to do so whatsoever, and were, by contemporary definition, "domestic terrorists". Which is proper headline in history: "The shot heard ‘round the world" or “Domestic terrorists ambush and attempt to murder National Guardsmen”?

To point out the difficulty of the question, while I am in no way whatsoever suggesting that the police / national guard in New Orleans were acting in the manner of Nazi’s, it is also instructive to note that, historically, the Jews in Germany faced the exact same decision point: Confiscation of their firearms by lawful process, by lawful agents of the government. It is typically considered that the Jews surrendered their weapons peacefully because they felt that it was a much more prudent course to follow legal recourse through the courts and complaints to the government, than it was to begin an armed insurrection. The fact that this ultimately did not turn out particularly well for them, highlights the difficulty of the decision point.

In the span of the 20th Century, approximately 200 million people made the wrong decision at this particular decision point: 200 million is the number of unarmed civilians murdered by their own governments during the 20th century. Again, I must emphasize that I am not comparing those governments to the state or federal governments of the United States – but it sobering to note that it is a quite-rational assumption to assume that very few of the 200 million dead people believed that their own governments were planning on murdering them or letting them be killed at the time they surrendered their means of self-defense, else why would they have complied? If one knew ahead of time that someone fully intended to kill you, it would only be logical to at least fight back: One does not become more dead by resisting.

One ought, perhaps, to consider carefully the bit of folk-wisdom spoken by "V" in the film "V for Vendetta", that, "People should not be afraid of their governments. Governments should be afraid of their people." It is hardly different from Jefferson’s truculent observation that, "the tree of liberty must be refreshed from time to time with the blood of patriots & tyrants."

Neither are particularly "prudent" pieces of advice regarding the superior nature of court action versus physical action, but both contain a germ of wisdom that is fast-becoming forgotten: A government, (or the persons thereof,) that sincerely and realistically believes that they may pay with their lives for exceeding the rightful authority of their positions, very rarely attempts to usurp such authority. A government, (or the persons thereof,) that is positive that it will never suffer such opposition has, ultimately, very little incentive to remain within the limits of its rightful authority.

[Professional Philosopher mode OFF]

Dex
firedevil_smiley.gif
 
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