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June 21, 2006

Let the Voters Decide?

After Arizona Governor Janet Napolitano vetoed a bill a while back that would have prevented police or state government from ever confiscating legally owned firearms during an emergency, law makers started to scheme. From the Arizona Daily Star:


On a 4-2 party-line vote, the Republican-controlled Senate Government Committee approved a measure Tuesday that would legally bar any governor from using a state of emergency to place new restrictions on the possession, transfer, sales, carrying, storage, display or use of firearms or ammunition. The bill also would remove any ability to commandeer and use weapons or ammunition during any state of war.

It now goes to the full Senate. If it passes there, and also gains House approval, it goes on the November ballot, bypassing Napolitano.

The proposal is a carbon copy of legislation approved earlier this year but vetoed, with the governor calling it both unnecessary and overly restrictive.
On one hand, Napolitano said she has no intent of ever taking away someone's firearms, even during an emergency. But the governor said she fears new restrictions might be overly broad, potentially preventing her from ordering live ammunition removed from the path of a fire.

But Sen. Dean Martin, R-Phoenix, said that excuse does not wash.

He said the measure does not restrict any existing laws or regulations, regulations he said include the power to protect public safety by moving ammunition. What it does do, he said, is block a governor from unilaterally imposing new restrictions that have not been approved by the Legislature.


Their hearts are in the right place but this could well back-fire. There is a large new population of "coastal types" who have moved to Arizona to escape the cold, congestion, whatever, who do not share the respect of unmitigated gun rights. While I won't say that it's as bad as -- for instance -- San Francisco, there could be trouble actually getting a majority to approve such a measure.

A better way would have been to go for a veto-proof majority in the state legislature. It would only have taken another couple votes from what I understand. Go to work on those few Democrats who betrayed the original bill during the final vote.


Posted by Jeff Soyer at June 21, 2006 07:59 AM
Comments

In order to remove live ammunition from the path of a fire, the Governor would have to have knowledge of the location of live ammunition. Registration and database of ammo buyers?

And who would do the removal? Would they have court-issued warrants to enter those locations or would the Governor's "emergency order" be enough?

Then removal to where? With receipt issued to the true owner, how? And identification of the removed property for later restoration, how?

Nope.

Sounds like the Gov wants to reserve the right to pull a "New Orleans" seizure.

I personally hope that the bill that is being worked on includes a penalty section that includes words to the effect that "violation will immediately and self-evidently be proof of treason against the state and the people of the state and the Governor shall, without furthur delay, be moved to the end of a short rope attached to a limb on a tall tree".

Posted by: homebru at June 21, 2006 01:57 PM
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