NRA threatens legal action over Virgin Islands firearm confiscation order

[turbinetree]

Source: The Hill

The National Rifle Association (NRA) is threatening legal action to stop a seizure of guns and ammunition by U.S. Virgin Islands Gov. Kenneth Mapp (I) ahead of Hurricane Irma, the group said Tuesday.

"People need the ability to protect themselves during times of natural disaster," said Chris Cox, executive director of the NRA'S Institute for Legislative Action. "This dangerous order violates the constitutional rights of law-abiding citizens and puts their lives at risk."

In an order on Monday, Mapp activated the National Guard to "restore public order, and to guarantee the safety of life and property" in anticipation of the hurricane, the Daily Caller first reported.

The order authorizes and instructs the islands' adjutant general to seize "arms, ammunition, explosives, incendiary material, and any other property that may be required by the military forces for the performance of this emergency mission," as approved by the territory's Department of Justice.

Read more: http://thehill.com/blogs/blog-briefing-room/349305-nra-condemns-us-virgin-island-firearm-confiscation-plan

---

FU............................ NRA your f*cking logic is that if the government collapses during this event, that its just fine to lock and load---------------FU because your paranoid logic, when people will be dying in mud slides, and flooding.....................

[Julian Englis]

1. Seems right in line with the Second Amendment

It's going for use by a well organized militia.

[melm00se]

8. But it also runs counter

to the 4th Amendment.

[NutmegYankee]

12. Not even remotely in line.

Citizens can be called up (though not compelled if they have conscientious objections), but property cannot be legally seized without due process. The 5th and 14th Amendments make this clear. Also, as clarified in a SCOTUS case from 2015, just compensation would need to be paid for any property taken, not just land.

[freddyvh]

2. in the eyes of US law....they aren't full citizens

they don't vote for president or congress unless they become citizens of a US state.
and if a US citizens moves there, they can't vote for those offices.

https://en.wikipedia.org/wiki/Politics_of_the_United_States_Virgin_Islands

so why does the 2nd amendment and constitution apply to them?

they are required to pay US taxes, and can't vote?

[truthisfreedom]

3. I don't think that would fly in the states, but I have no idea how the law works

in the Virgin Islands or other US territories. According to everything I've found online, they seem to have the same protections there as in the states. I can understand how gun owners who expect to be able to protect their property from looters might be upset... I would be. Is there such a serious shortage of firepower in the military that they need to seize private arms?

[krispos42]

4. So, the government will collapse because the NG wasn't confiscating guns?

Neither the adjunct general nor you are making any sense.

[Red Mountain]

5. Collapse? No.

I think they're laying the legal groundwork to cover incidents of armed aggression from all sides.

The local government will prevail, as it would, (despite the fantasies of those so inclined) almost anywhere in the continental US.

[krispos42]

7. I don't think they need any further legal framework.

It's a state of emergency; if a group of people are looting, the NG can pretty much shoot them on sight anyway. Ditto anybody that takes a shot at them. And of course the people they arrest/capture will be stripped of guns and other possessions and tossed in some form of jail.

So... why the weird order? Did the governor of Texas or the governor of Florida issue a similar order in advance of a hurricane strike?

[bluevoter4life]

6. I lived there a year and a half

Guns are not illegal in the USVI. However, I don't believe there are any gun stores there (at least St. Thomas), but they are heavily regulated and you must have a permit corresponding to the purpose of the gun (color coded I think) and they are quite difficult to obtain. Plus, you must have permission from the government in advance of traveling to the islands if you plan on bringing your gun. They don't mess around with that.

[FLPanhandle]

9. I sort of have to agree with the NRA on this one.

"NRA your f*cking logic is that if the government collapses during this event, that its just fine to lock and load"

Actually, if the did government collapse (unlikely), then that is a perfect time to have a firearm.

Without government there is no police or law keeping authorities, so the only real protection from looters/criminals would be a firearm. If I lived there and had a gun, I would be hesitant to turn it in.

[sarisataka]

10. What "other property"

May be seized? Can the troops enter a person's house and seize all medical and food supplies, rationing back what they deem the owner needs?

How are the owners compensated for any property seized?

[EL34x4]

11. "if the government collapses during this event, that its just fine to lock and load"

In what scenario does the government collapse and people exist in peace and harmony amongst each other?

[muriel_volestrangler]

13. A state of emergency has been declared, so commandeering private property seems reasonable

Not sure about the Virgin Islands, but, for instance, in Florida:

Subject to any applicable requirements for compensation under s. 252.43, commandeer or utilize any private property if she or he finds this necessary to cope with the emergency.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0252/Sections/0252.36.html