Firearm Confiscation - Does the Heller Decision Protect You?
Many folks in the firearms community believe that the recent Heller Decision has reaffirmed the 2nd Amendment right to keep and bear arms. But while it did do that, it did not ensure that the executive and legislative branches of government would honor that decision. Clearly, that isn't necessarily true.
You see, there are precedents of both the executive and legislative branches ignoring decisions by courts at all levels including the Supreme Court of the United States. One of the most egregious was the Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832) in which it held that Cherokee Native Americans were entitled to federal protection from the actions of state governments which would infringe on the tribe's sovereignty. The apparently favorable decision was opposed by both Congress and President Andrew Jackson. Jackson is often quoted as saying, "John Marshall has made his decision; now let him enforce it!" but may have said, "the decision of the supreme court has fell still born, and they find that they cannot coerce Georgia to yield to its mandate." The meaning of either statement is clear, the Supreme Court has no means enforcement aside from the executive branch of government. If the executive branch fails to enforce a ruling it is as if the ruling was never made.
In 2005, hurricane Katrina devastated New Orleans and much of southern Louisiana. Many, many residents did not evacuate. Police, many of whom were brought in from other localities and sworn in in Louisiana jurisdictions, began confiscating firearms from citizens protecting their property rather than assisting those home owners. Some of those actions were caught on film/tape and are shown in the following movie. We might note that, despite several court orders, New Orleans did not make any effort to return the property for quite some time. Many firearms were irreparably damaged by improper storage.
After these government actions during Katrina, many states moved to legislate bans on widespread seizure of firearms during emergencies. These laws vary from state to state. Just as with a Supreme Court decision, they are subject to interpretation and the whims of police forces of the various jurisdictions. We should take into account that the President-Elect and so many proposed members of his administration are blatantly anti-gun ownership and prepare for that eventuality.
For us, the American ideal is personified in the concept of self-reliance, work ethic, honesty/forthrightness, decency, personal property rights, family, religion, an ability to defend oneself from criminals and crooked politicians, and personal responsibility.
