Virgin Islands Gun Seizures

[D. Hargrove]

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/v...d-to-seize-guns-ammo-ahead-of-hurricane-irma/

Interesting
for sure....

 

[rc508pir]

Should be arrested and shot

 

[Garrett]

I`m not sure how seizing my guns will help them prepare for this storm.....

 

[deerwhacker444]

I sure would not want to be the poor SOB that is assigned to go "seize"..

On the other hand, the Virgins must be protected.

 

[Model 70]

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/v...d-to-seize-guns-ammo-ahead-of-hurricane-irma/

Interesting
for sure....

Jack boots and Brown shirts? I would think that the National Guard would have their own supplies of arms, ammunition, and incendiary devices to perform their duties.


Sent from my iPhone using Tapatalk

 

[Frederick]

Disaster Recovery Personal Protection Act of 2006

``SEC. 706. <<NOTE: 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

[[Page 120 STAT. 1392]]

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.


so, basically, if they seized civilian-held firearms during a period of natural disaster, they would be breaking federal law and be subject to penalties. I'd hope they'd seize my guns, because then i'd probably be able to live off the lawsuit money.

on top of the federal law, it would be blatantly unconstitutional.

 

[Glocktogo]

Do citizens of the USVI have the same constitutional protections as American citizens?

 

[ConstitutionCowboy]

Do citizens of the USVI have the same constitutional protections as American citizens?

Yes. They ARE citizens of the US.

Woody

 

[SMS]

Do citizens of the USVI have the same constitutional protections as American citizens?

As an unincorporated territory, the courts have ruled that they have protections of "fundamental rights" under the constitution but which rights are specifically deemed fundamental have not been defined in a clear list...only on an individual case basis.

Since they are unincorporated though, certain aspects of US code, like the one Tristan pointed out, do not apply unless the code itself specifically addresses unincorporated territories. I don't think that piece does address those territories.

In short, their status as an unincorporated territory means the governor can do a whole lot, with no one to stop him. Biggest thing that could come from it is a long court battle, after the fact.

Here's a good read on the subject. It's far from black and white.

http://www.gao.gov/archive/1998/og98005.pdf

 

[Frederick]

As an unincorporated territory, the courts have ruled that they have protections of "fundamental rights" under the constitution but which rights are specifically deemed fundamental have not been defined in a clear list...only on an individual case basis.

Since they are unincorporated though, certain aspects of US code, like the one Tristan pointed out, do not apply unless the code itself specifically addresses unincorporated territories. I don't think that piece does address those territories.

In short, their status as an unincorporated territory means the governor can do a whole lot, with no one to stop him. Biggest thing that could come from it is a long court battle, after the fact.

This law effects federal law enforcement specifically, that includes the National Guard, correct?

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

doesn't seem to have any geographical limits.