Law Enforcement May Not Confiscate Legally Possessed Firearms/Ammo Even During Martial Law–Mississippi


The Lieutenant Governor of Mississippi, Phil Bryant, announced an amendment to Section 33-7-303 of Mississippi Code of 1972 which now restricts the power of government officials to seize lawfully owned and possessed firearms and ammunition from citizens even in the case of Governor declared martial law. From the Lt. Governor’s website:

“In these tough economic times, I think it makes sense to get back to common sense approaches. That is why the Senate is working on basic legislation that helps ensure the safety of our everyday life,” stated Lt. Governor Phil Bryant.

A few of the common sense legislative items include:

1. SB 2036 that restricts the power of a peace officer to confiscate firearms and ammunitions in an emergency or during a time of martial law.

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Specifically the amendment reads:

(2) (a) Nothing in this section or in any other statute shall be construed to confer upon the Governor or any official or
employee of any department, agency or political subdivision of the state the power to:

(i) Confiscate a firearm from a person unless:

1. The person is unlawfully in possession of
the firearm as provided in Title 97, Chapter 37; or

2. The firearm is confiscated by a peace
officer who is acting in the lawful discharge of duty and under
the reasonable belief that the confiscation is necessary for the
protection of the peace officer, the person carrying the firearm,
or a third party. The peace officer shall return the firearm to
the person before discharging the person unless the officer
arrests that person for engaging in criminal activity or seizes
the firearm as evidence pursuant to an investigation for the
commission of a crime; or
(ii) Impose additional restrictions as to the
lawful possession, transfer, sale, carrying, storage, display or
use of firearms, ammunition, or components of firearms or
(b) For the purposes of this subsection:
(i) “Ammunition” means a cartridge, shell or other
device containing explosive or incendiary material designed and
intended for use in a firearm;
(ii) “Firearm” means any weapon which will or is
designed to expel any projectile by the action of an explosive.

The amendment was authored by Mississippi Senator Merle Flowers and it passed the Senate on February 4 with ZERO nays.

YEAS AND NAYS On S. B. No. 2036.

On motion of Senator Tollison, the rules were suspended, the bill considered engrossed, read the third time and, the yeas and nays being taken, it passed, title standing as stated, by the following vote:

Yeas–Albritton, Baria, Blount, Brown, Browning, Bryan, Burton, Butler,
Carmichael, Chassaniol, Clarke, Davis D. (1st), Davis V. (36th), Dawkins,
Dearing, Dickerson, Fillingane, Flowers, Frazier, Gollott, Gordon, Harden,
Hewes, Hopson, Horhn, Hudson, Hyde-Smith, Jackson G. (15th), Jackson R.
(11th), Jackson S. (32nd), Jones, Jordan, King, Kirby, Lee E. (47th), Lee P.
(35th), McDaniel, Mettetal, Michel, Moffatt, Montgomery, Nunnelee, Powell,
Simmons, Stone, Tollison, Turner, Walls, Ward, Watson, Wilemon, Yancey.


Absent and those not voting—-None.

Interestingly enough there has been a recent push by several states to assert their rights under the U.S. Constitution aimed at getting the federal government out of state business since over the years the U.S. Congress seems to have completely forgot about the 9th and 10th amendments.

Lawmakers in 20 states move to reclaim sovereignty
Obama’s $1 trillion deficit-spending ‘stimulus plan’ seen as last straw

By Jerome R. Corsi
© 2009 WorldNetDaily

NEW YORK – As the Obama administration attempts to push through Congress a nearly $1 trillion deficit spending plan that is weighted heavily toward advancing typically Democratic-supported social welfare programs, a rebellion against the growing dominance of federal control is beginning to spread at the state level.

So far, eight states have introduced resolutions declaring state sovereignty under the Ninth and Tenth Amendment to the Constitution, including Arizona, Hawaii, Montana, Michigan, Missouri, New Hampshire, Oklahoma and Washington.

“What we are trying to do is to get the U.S. Congress out of the state’s business,” Oklahoma Republican state Sen. Randy Brogdon told WND.

“Congress is completely out of line spending trillions of dollars over the last 10 years putting the nation into a debt crisis like we’ve never seen before,” Brogdon said, arguing that the Obama stimulus plan is the last straw taxing state patience in the brewing sovereignty dispute.

“This particular 111th Congress is the biggest bunch of over-reachers and underachievers we’ve ever had in Congress,” he said.

“A sixth-grader should realize you can’t borrow money to pay off your debt, and that is the Obama administration’s answer for a stimulus package,” he added.

Now that’s what I’m talking about! Bravo, ladies and gentlemen bravo!

This entry was posted in 2nd Amendment, U.S. Politics.

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