Who remembers Hurricane Katrina?
Hurricane Katrina Aug. 28, 2005 had devastating effects on the citizens in Louisiana. During this time police were not available and emergency services could not reach residents for weeks. Those who were trapped in locations relied on each other for protection from looting, crime and wildlife. The protection was essential enough most residents who were evacuating needed to arm themselves to safely leave and get to a safe location with their families.
Suddenly many residents found themselves to be victims of the government and gun confiscation. Here in California we recognized the necessity to keep and bear arms
during states of emergency so Assembly Member La Malfa introduced a protective measure AB 1645 here in California so residents can protect themselves during states of emergency and while police are not available.
Constant impacts to emergency services have left a hole in citizen protection yet nothing is being done by the state to prevent cuts to our emergency services. To add to the damage being done to the citizens protections legislation have been introduced to drive up the costs and availability of ammunition by Senator DeLeon (SB 124 and SB 427) and legislation to remove the rights to bear arms for reasons of self-protection under Assemblymember Anthony Portantino AB 144. These measures if allowed to continue will effectively damage citizens ability to protect themselves under duress, states of emergency and under direct threat. If we could carry a police officer with us I am sure we all would until restricted by our government.
Removals of emergency services and citizens protections under our Constitutions and Laws enacted for our protection must be defended by all those who value human life. No matter the political affiliation these essential components must be protected by all citizens and all elected officials. We elect these officials to protect us and to look out for our rights yet some elected officials have made a direct attack on the Constitution they promise to uphold and the citizens affected by this.
To stop gun confiscations during states or duress and states of emergency whether private or nationally recognized AB 144, SB 427 and SB 124 must be stopped. We cannot afford this damage.
FILED WITH SECRETARY OF STATE OCTOBER 14, 2007 APPROVED BY GOVERNOR OCTOBER 14, 2007 PASSED THE SENATE SEPTEMBER 5, 2007 PASSED THE ASSEMBLY MAY 17, 2007
"AB 1645, La Malfa. Emergency powers: firearms. Existing law authorizes the Governor to invoke various powers in the event of an emergency, as specified. This bill would provide that these powers do not authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition, as specified."
ANALYSIS : Existing law states that California has long recognized its responsibility to mitigate the effects of natural, manmade, or war-caused emergencies which result in conditions of disaster or in extreme peril to life, property, and the resources of the state, and generally to protect the health and safety and preserve the lives and property of the people of California. To ensure that preparations within California will be adequate to deal with such emergencies, it is hereby found and declared to be necessary:1.To confer upon the Governor and upon the chief executives and governing bodies of political subdivisions of California the emergency powers provided herein; and to provide for state assistance in the organization and maintenance of the emergency programs of such political subdivisions.2.To provide for a state agency to be known and referred to as the Office of Emergency Services, within the Governor's office; and to prescribe the powers and duties of the director of that office. 3.To provide for the assignment of functions to state agencies to be performed during an emergency and for the coordination and direction of the emergency actions of such agencies. 4.To provide for the rendering of mutual aid by the state government and all its departments and agencies and by the political subdivisions of California in carrying out the purposes of this chapter. 5.To authorize the establishment of such organizations and the taking of such actions as are necessary and proper to carry out the provisions of this chapter. Existing law defines "state of war emergency" as the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever California or the nation is attacked by an enemy of the United States,or upon receipt by the state of a warning from the Federal Government indicating that such an enemy attack is probable or imminent. This bill amends the California Emergency Services Act to state "Nothing in this article [dealing with the powers of the Governor in an emergency] shall authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition, or authorize any order to that effect, provided however, that a peace officer who is acting in his or her official capacity may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual. The officer shall return the firearm to the individual before discharging the individual, unless the officer arrests that individual or seizes the firearm as evidence pursuant to an investigation for the commission of a crime." FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT :(Verified 7/12/07)National Rifle Association (source)California Outdoor Heritage Alliance Peace Officer Research Association of California ARGUMENTS IN SUPPORT : According to the author's office,"Current law is unclear about the authority of the executive branch to order the disbarment of California citizens that are lawfully possessing firearms during a time of crisis. It is a constitutional right for law-abiding citizens of our great country to legally own, possess and utilize firearms, and the laws must continue to protect and reflect this. "Moreover, it is essential to protect California's federal funding of disaster assistance, by making sure California meets the requirements set out by the Disaster Recovery Personal Protection Act of 2006." ASSEMBLY FLOOR : 73-0, 5/17/07