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Proposed City Ordinance Would Let Cops Disarm Citizens During Crises if They Become ‘Unruly’

Feb. 26, 2013 4:17pm Erica Ritz

Guntersville City Proposal Gives Cops Right to Disarm Citizens During Crises, Emergencies

(Photo: WAAY-TV)

A proposed city ordinance in Guntersville, Alabama would allow police officers to disarm citizens during times of crisis if they deem it necessary.

Part of a larger disaster response bill, Mayor Leigh Dollar is standing by the proposal and seemingly tried to downplay it to WAAY-TV.

“By no means is it our intent to disarm, or seize anyone’s firearms,” she assured with a smile and a southern drawl. “This is in there to protect public workers and any volunteers helping should someone become unruly, which can happen because emotions are high…”

“It’s only to protect people,” she added.

The bill will be evaluated at the next Guntersville City Council meeting on March 4, but Mayor Dollar notes that such laws are already on the books in other cities.

In particular, she says she wants to emulate Tuscaloosa. In the wake of Hurricane Katrina, New Orleans cops performed similar acts, in one case reportedly tackling, punching, and confiscating the firearm of a woman who said she wanted to stay at home with her dogs.

(Photo: WAAY-TV)

The Lakeside Post describes the exact phrasing of the Guntersville proposal: “As provided by Alabama State Code, any law enforcement officers acting in official duties may disarm and individual if deemed necessary. The officer must return the firearm to the individual before leaving or [arresting] the individual.”

In 2006 then-President George W. Bush supported measures to strengthen the rights of gun owners during times of emergency, but the bill died in the Senate. As such, it seems the issue still remains in the hands of local officials.

Though Mayor Dollar’s proposal isn’t the first of its kind, a number of Guntersville residents are still concerned by the somewhat loose description of what a person has to be doing to get their weapon confiscated (“unruly”), noting that cops already have authority over people exhibiting actual violence.

“It seems like an infringement on the 2nd Amendment, and that’s the biggest problem I have with it,” local music teacher Paul Landry said.

Keith Sullivan, another local resident, added: “The law’s already there. Somebody’s brandishing a weapon, you can arrest them right there.”

–

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Comments (283)

ConstLaw
Posted on February 26, 2013 at 5:04pm
The city cannot do this as a matter of Federal Law…

42 U.S.C. 5207

SEC. 706. 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.

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- ConstLaw
  Posted on February 26, 2013 at 5:12pm
  42 U.S.C. 5207
  
  SEC. 706. FIREARMS POLICIES.
  (a) PROHIBITION ON CONFISCATION OF FIREARMS.
  
  CONT
  
  (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 attorney¹s fee as part of the costs.
  
  Report this comment
- DougHuffman
  Posted on February 26, 2013 at 5:25pm
  I missed the enforcement part. Like state preemption of firearms laws, it’s toothless.
  
  https://docs.legis.wisconsin.gov/statutes/statutes/66/IV/0409 (2) Except as provided in subs. (3) and (4), no political subdivision may enact an ordinance or adopt a resolution that regulates the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, unless the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.
  
  Report this comment
- ConstLaw
  Posted on February 26, 2013 at 5:38pm
  @DougHuffman
  
  Try reading this:
  (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.
  
  Then read U.S.C. 42 Sec. 1983, which allows you to bring a federal lawsuit for deprivation of civil rights. I have won multi-million dollar judgments in Federal Court under Sec. 1983. I think several million dollars is a fairly good remedy.
  
  Report this comment
- DougHuffman
  Posted on February 26, 2013 at 6:33pm
  Oh, me too! Million$ and million$. Anonymous claims on the internet are anile.
  
  The law is an ass that lawyers ride to work, don’t try to be one, you’re not smart enough.
  
  Report this comment
- rgrbat
  Posted on February 26, 2013 at 9:25pm
  They are going to try, During so called disaster is when we free americans Us law-abiding gun owners need our weapons the most.my weapons are locked up in easy to get lock boxes If I ffear for my live our the lives of my children. our the nice little old lady down the street, i will do everything in my soul to bring living hell to those who wish to do harm to me and my own. And anyone else hearing my rounds going down range. Come running because I will protect you and yours.
  
  Report this comment
AvengerK
Posted on February 26, 2013 at 5:04pm
“It’s only to protect people,”….if a politician uttering those words doesn’t send a chill down your spine, you’re already dead.

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John.Galt
Posted on February 26, 2013 at 5:02pm
I’d rather be dead than disarmed in a crisis. Just because its legal doesn’t make it right.

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- Mil-Dot
  Posted on February 26, 2013 at 6:25pm
  John,
  If you retain your defeatist philosophy, at least take a cretin or two with you . I would choose to WIN, not lose. Re-think it.
  
  Report this comment
Eternal
Posted on February 26, 2013 at 5:01pm
I would not want to be that mayor if this comes down

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GreggC
Posted on February 26, 2013 at 5:00pm
One word… IDIOT!

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skippy6
Posted on February 26, 2013 at 4:59pm
Cold dead hand Beeatch!!!!

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jungle J
Posted on February 26, 2013 at 4:59pm
The mentally ill…..

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- 1American1st
  Posted on February 28, 2013 at 10:21am
  Alive & well in Guntersville, Alabama
  
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RedeyeBlind
Posted on February 26, 2013 at 4:58pm
They can have mine lead first.
Any left alive can loot my corpse for my weapons or unspent ammo I don’t plan on there to be much left for them to loot.

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CommieJuice
Posted on February 26, 2013 at 4:58pm
When are guns needed more? When times are good, how often do you need a firearm? Leigh Dollar is disgusting and a huge disgrace. The best thing the citizens can do in Guntersville, is run her out on a rail to where she belongs which isn’t in the south! For people like disgraced Leigh Dollar, we don’t have guns, but we do have plenty of lead!

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Gonzo
Posted on February 26, 2013 at 4:58pm
Who defines “unruly”? An ape with a badge and gun of his own? No thanks.

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- GreggC
  Posted on February 26, 2013 at 5:01pm
  Right on!
  
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- rgrbat
  Posted on February 26, 2013 at 9:29pm
  I’m unruly know.better hide in the basement, And wait for the brown shirts to come knocking.
  
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MrKnowItAll
Posted on February 26, 2013 at 4:58pm
Communists will lie and tell you…”We are not out to Infringe on anyone’s Rights”.. Should have ask her what She is calling it then? Secondly…”Some unruly person banishing a Weapon” So she wants all of us to be Helpless if that happened??????

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- Mil-Dot
  Posted on February 26, 2013 at 6:47pm
  All commies must be hunted down, house by house, block by block, city by city and given the chance to relocate or buried where they stand. They must be driven to the oceans once and for all.
  
  Report this comment
OldSurfRat
Posted on February 26, 2013 at 4:56pm
LOL Betsy

Yep and she is a natural blond too.

Never trust anyone that says it’s for your safety.
Blue eyed devil!!

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balrog25
Posted on February 26, 2013 at 4:55pm
AAAAARRRRGG! I’m sure King George supported this hundreds of years ago. AND THAT IS THE WHOLE PONT! It’s not gun control it is people control. Ammendment I, get together and speak your mind. Ammendment II – protect yourself from an oppressive government. I hope everyone is noticing that this is an assualt on both, and both need to be protected. I know God has a plan, but I can’t help being upset on how he is getting there. Please Lord, forgive my anger.

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- FLOWNOVERandFORGOTTEN
  Posted on February 26, 2013 at 5:03pm
  King George taxed us less and subjected us to less regulation than we have now.
  
  Report this comment
Arc
Posted on February 26, 2013 at 4:55pm
Control speech, assemblies
( Presidential emphasis on Cable News Channels as being incapable of being truthful, re-introduction of the Fairness Doctrine, Employment of Media Matters as ” attack dogs against freedom of expression

Control privacy
Allowing introduction of Unmanned Aircraft into US airspace ( Police, Fire, Search & Rescue, ) Could the American public be next for MONITORING. Eavesdropping and electronic surveillance on US Citizens without a warrant., GPS devices on Cell Phones and Autos.

Control citizens rights to bear arms to repel tyrants.
Proposed registration of all weapons regardless of location of purchase, Consorting with the United Nations to facilitate weapons registration, proposing that law enforcement be able to confiscate weapons if freedom lovers begin to battle tyrants

Just a few reasons to KEEP YOUR POWDER DRY!!!!!! Long live the Republic

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gyro
Posted on February 26, 2013 at 4:53pm
Police cars look gay painted that way ?

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LeadNotFollow
Posted on February 26, 2013 at 4:53pm
Mayor Dollar is going to have a problem on her hands, if she tries to implement a law that takes away citizens’ guns.
When the police try to enforce it, there is going to be such a major uprising.
I think the Government is testing the waters, just to see how far gun owners can be pushed before they snap.

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DefyTYRANNY
Posted on February 26, 2013 at 4:53pm
Unruly = Saying “No, I will not give you my guns.”

Are these people actively trying to start gunfights? I am really thinking that this is the case.

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82dAirborne
Posted on February 26, 2013 at 4:52pm
But they will return my weapon BEFORE arresting me? I am not sure that is a good policy………

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gingerbread
Posted on February 26, 2013 at 4:51pm
Are any of you listening to this. Yet, all I hear from these politicians is “NO, WE DON’T WANT TO DIS-ARM YOU, WE’RE JUST HERE TO “PROTECT” YOU” Yeah right

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sb36695
Posted on February 26, 2013 at 4:49pm
The nine most terrifying words in the English language are, ‘I’m from the government, and I’m here to help.’ Ronald Reagan

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Tri-ox
Posted on February 26, 2013 at 4:49pm
Mayor Dollar is LYING when she says, “By no means is it our intent to disarm, or seize anyone’s firearms”. The police already have the authority to disarm someone who is committing a crime – this is all the authority the police need. What this ordinance, and similar ordinances do, is to CRIMINALIZE the POSSESSION of a weapon – this allows the police to disarm anyone they choose and allows them to seize firearms as they wish. This is a clear infringement on the 2nd Amendment.

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spudwhite
Posted on February 26, 2013 at 4:48pm
As Hamlet might say–

O most pernicious woman!
O villain, villain, smiling, damnèd villain!
My tables—meet it is I set it down
That one may smile, and smile, and be a villain—
At least I am sure it may be so in (Alabama).

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JeffersonsPen
Posted on February 26, 2013 at 4:47pm
North Bama……………from down here in LA that might as well be Canada…………….If she’s smart she’ll drop it and anything regarding the 2nd A………….or she’ll be out of a job next go round!

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rvsample
Posted on February 26, 2013 at 4:47pm
Sure hope the mayor and the city are ready to fund a drastic increase in orphaned kids.

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hades3
Posted on February 26, 2013 at 4:46pm
Lord protect me from those who want too protect me !!!!!!

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