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N.O. agrees to return weapons - Confiscation after Katrina drew protest
nola.com ^ | October 09, 2008 | Gwen Filosa

Posted on 10/09/2008 8:25:11 PM PDT by neverdem

Agreeing to settle a lawsuit filed by the National Rifle Association, the city of New Orleans promised this week to return hundreds of firearms seized by police from law-abiding citizens during the chaotic days that followed Hurricane Katrina in 2005.

Gun-rights groups took the city to task after National Guard soldiers and police officers confiscated weapons without a warrant or probable cause during the storm's aftermath.

U.S. District Court Judge Carl Barbier hasn't signed the agreement yet, and no monetary award is in the settlement.

The city agreed to give back the guns to their rightful owners via its Web site. Within one month, the city's Web site will include a form that citizens may fill out as the first step to retrieving their weapons.

Proof of ownership isn't required, but an owner must sign an affidavit claiming ownership and pass a background check.

The city may dispose of guns that sit unclaimed for two years.

Gun-rights advocates cheered the settlement, calling it long-overdue.

"This agreement sends a message across the nation that no city can take away our Second Amendment right to protect our families," said U.S. Rep. Steve Scalise.

The lawsuit, filed Sept. 22, 2005, by the NRA and the Second Amendment Foundation, accused the city of allowing officers to strip people of their weapons. The police said that cops took only stolen guns, or those found in empty homes.

Police spokesman Bob Young said the department has stored 552 guns that were confiscated from Aug. 29, 2005, through Dec. 31, 2005.

The gun lobbying groups said the city violated gun owners' constitutional right to bear arms and left them to fend for themselves after Katrina "at the mercy of roving gangs, home invaders, and other criminals."

(Excerpt) Read more at nola.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Politics/Elections
KEYWORDS: banglist; katrina; neworleans

1 posted on 10/09/2008 8:25:12 PM PDT by neverdem
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To: neverdem
Here is a lesson for people.

Just tell the nice officers you feel secure since they are out there and don't display any weapons or even mention guns.

2 posted on 10/09/2008 8:31:42 PM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a creditcard?)
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To: neverdem

That wasn’t strong enough.

But I have to admit I loved the Texas Governor’s approach to Gustav. Unlike New Orleans, the Texas governor advertised that good Hustonians were stocking up on ammo and watching over their neighbor’s property.


3 posted on 10/09/2008 8:34:41 PM PDT by DannyTN (`)
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To: neverdem
No money to be paid out in damages to the firearms owners plus they have to register themselves;this is not a strong win.

Where is the part where the officials and officers who ordered and carried out this civil rights violation are to be punished and dismissed?

4 posted on 10/09/2008 8:37:06 PM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a creditcard?)
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To: hoosierham
I forgot to mention the National Guardsmen who ignored their fellow citizens' rights ,too.

Should be someone being court-martialed for this;if American citizens don't stomp down hard on officials abusing authority then they will continue to abuse the citizens.

5 posted on 10/09/2008 8:39:52 PM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a creditcard?)
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To: neverdem

They only took guns that had been stolen or from empty houses?

Excuse me?
Am I the only one who remembers seeing the little old lady literally thrown into a wall?


6 posted on 10/09/2008 8:40:38 PM PDT by Shadowstrike (Be polite, Be professional, but have a plan to kill everyone you meet.)
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To: hoosierham
they will continue to abuse the citizens.

They will until citizens fight back. If the time ever comes for that to be necessary, God help us all.
7 posted on 10/09/2008 8:42:12 PM PDT by randomhero97 ("First you want to kill me, now you want to kiss me. Blow!" - Ash)
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To: neverdem

The guns are all ruined and worthless. 3 years in humid New Orleans will ruin any gun not properly stored. The guns stolen by St Tammany Sheriff’s dept were a rusted mess after only one year based on the photos that were published.


8 posted on 10/09/2008 8:43:24 PM PDT by Kirkwood
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To: Shadowstrike

Everyone should read the book “The Great New Orleans Gun Grab” so you will know what you are in for when Obama comes for your guns. I’ve already lived through this. Never thought I would live to see something like that happen, but no one had any rights at all except those who had the most firepower. A single homeowner with a gun was no match for a half dozen cops with drawn weapons who invaded homes at will.


9 posted on 10/09/2008 8:49:14 PM PDT by Kirkwood
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To: neverdem
Gun-rights advocates cheered the settlement, calling it long-overdue.

Hmmmm...;citizens aren't receiving any damage payments, citizens being required to submit to a background check to retrieve their own property illegally seized by the government, no public contrition required of the government perpetrators, no government officials being investigated, no government officials loosing their jobs, no government officials going to trial, no government officials being sent to prison!

Doesn't smell like victory to me.

10 posted on 10/09/2008 9:05:40 PM PDT by DakotaGator
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To: neverdem
"City attorneys argued that federal law doesn't apply to the plaintiffs' claims against city officials "because the right to keep and bear arms has never been recognized as a fundamental individual right."


Obviously this lamebrain hasn't heard of the "Heller" decision.....
11 posted on 10/09/2008 9:09:00 PM PDT by Emperor Palpatine ("Everything is proceeding as I have foreseen.")
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To: neverdem

Wow! Great news that we can petition our government to return our property 3 years after it is desperately needed! God Bless America, I say.


12 posted on 10/09/2008 9:17:49 PM PDT by samadams2000 (Someone important make......The Call!)
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To: neverdem
I was in Algiers checking on a friends house w/ them when 4 units passed in front of us while I had my Bushmaster across my chest & they only looked at me while continuing on w/o any interference.

In Terrytown, the JPSO, told my neighbors & me to stay on our property for our safety.

All was quite on our end, but we did hear frequent shots fired throughout the night.

BTW, I would have never given my rifle up to anyone.

13 posted on 10/09/2008 9:20:31 PM PDT by bayouranger (The 1st victim of islam is the person who practices the lie.)
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To: neverdem

The violations against the citizenry should result in cops getting fired.


14 posted on 10/09/2008 9:22:14 PM PDT by imahawk (Defeat liberalism, its the right thing to do for America.)
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To: neverdem

MOLON LABE


15 posted on 10/09/2008 9:26:58 PM PDT by John Will
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To: Kirkwood
A single homeowner with a gun was no match for a half dozen cops with drawn weapons who invaded homes at will.

Which is why it's urgently important for Americans to develop a sense of being part of the armed citizen militia, prepared to band together with neighbors and fight whenever the need arises.

16 posted on 10/10/2008 5:14:21 AM PDT by GovernmentShrinker
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To: GovernmentShrinker

Neighborhoods that hired their own private security force were left alone by the cops because the cops were totally outgunned. One neighborhood hired an Israeli security force and another hired a Blackwater security force. At the time the homeowners thought they were protecting their property from gutterpunk looters, but it turns out they also kept out the cops who were terrorizing the city and invading homes.


17 posted on 10/10/2008 5:41:40 AM PDT by Kirkwood
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To: harpseal; TexasCowboy; nunya bidness; AAABEST; Travis McGee; Squantos; Shooter 2.5; wku man; SLB; ..
hoosierdam wrote:
"Just tell the nice officers you feel secure since they are out there and don't display any weapons or even mention guns. "

Good advice. When the situation devolves to "natural law", one will note that even animals fully capable of defending themselves prefer to remain, by and large, invisible.

Having a "giveaway" handy might also be a good idea.

Click the Gadsden flag for pro-gun resources!

18 posted on 10/10/2008 6:17:16 AM PDT by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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To: Kirkwood
A single homeowner with a gun was no match for a half dozen cops...

I've been pondering this for a long time. I think neighbors should meet well before any catastrophe to form a neighborhood militia. The cops couldn't get at the citizens one-by-one if the citizens were prepared in advance.

19 posted on 10/10/2008 6:24:04 AM PDT by GingisK
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To: neverdem

I recall seeing a snapshot of the ‘storage’, a steel cargo container outside with all the guns thown into it.

Don’t expect to see valuable collectible firearms again, and those that will be returned are likely to be rusted and ruined.


20 posted on 10/10/2008 6:25:48 AM PDT by TC Rider (The United States Constitution - 1791. All Rights Reserved.)
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To: GingisK

Interesting comments posted here.

While I was quite aware of the gun grabs, I wasn’t aware that some were left alone b/c thye out numbered the grabbers.

food for thought on future posturing.


21 posted on 10/10/2008 6:30:54 AM PDT by woollyone ("When the tide is low, even a shrimp has its own puddle." - Vance Havner)
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To: Shadowstrike

“Am I the only one who remembers seeing the little old lady literally thrown into a wall?”

No, you aren’t— from my files:

http://www.freerepublic.com/focus/f-news/1475443/posts?page=83#83

http://www.freerepublic.com/focus/f-news/1475443/posts?page=89#89

http://www.freerepublic.com/focus/f-news/1475443/posts?page=103#103


22 posted on 10/10/2008 6:40:40 AM PDT by backhoe (WHO IS THE REAL OBAMA?)
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To: Joe Brower
Having a "giveaway" handy might also be a good idea.

How many do we "give away" before we defend the remainder?

They'll not get one damn thing from me, except a hard time.

Period.

I've been there, done that, on the "let's just appease them for now" thing.

I'm through appeasing.

I fear that Barack Hussein Obama will be elected (not legally, but the fraud is rampant), and once installed, he will gut the Constitution.

I will not submit.

I will not share my small wealth and goods with the low-life riff-raff welfare sucking idiots that look to Barack Hussein Obama as the Second Coming.

Oh, I'm not a naive doom-sayer.

I know his "change" will come about over a period of time, all the while the freedoms we now enjoy and the rights we take for granted will be eroded.

But if one them steps onto my porch uninvited, let me assure you, I have a "giveaway" for him.

Most of the crap will be limited to the larger population centers, where the Farrakhans and the Rotten Fruit of Islam bed wetters and followers reside, where the Chris Matthews, he of the Tingling Leg, hold sway.

Where the brainwashed Obamabots lurk.

But no matter where you hold house, you will be affected.

If not personally and on a physical basis, then a financial and propagandist basis.

So save your "giveaway".

You may need it, and before you know it.

23 posted on 10/10/2008 6:49:12 AM PDT by OldSmaj (Death to islam. I am now and will always be, a sworn enemy of all things muslim.)
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To: OldSmaj
Whatever works best given the circumstances, OldSmaj. Note that I said "might".
24 posted on 10/10/2008 7:03:05 AM PDT by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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To: Joe Brower

“Natural Law” is the HIGHEST law.


25 posted on 10/10/2008 7:24:05 AM PDT by ZULU (Non nobis, non nobis Domine, sed nomini tuo da gloriam. God, guts and guns made America great.)
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To: Kirkwood
One neighborhood hired an Israeli security force and another hired a Blackwater security force.

That's nice to hear, but alas, I'm sure those weren't options for poor black neighborhoods. We really do need a mentality of being ready to provide for our OWN security, and not just figuring that if we ever need an armed force to protect us, we can just rent one.

26 posted on 10/10/2008 8:11:36 AM PDT by GovernmentShrinker
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To: neverdem

“”This agreement sends a message across the nation that no city can take away our Second Amendment right to protect our families,” said U.S. Rep. Steve Scalise.”

No, it doesn’t. It says the government can do as it pleases and lock any result in court for several years with NO penalty. Make N.O. pay pay those they stole from $100,000 per firearm, jail the police executives for unlawful seizure, and return the weapons in good condition or buy new ones and then maybe, just maybe, they might have learned a lesson.

So far N.O. Has no penalty except for legal costs, many of those firearms are probably severely damaged, people have been without their property for two years, and they can do it again without any real consequences.


27 posted on 10/10/2008 8:24:32 AM PDT by CodeToad
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To: Kirkwood
Neighborhoods that hired their own private security force were left alone by the cops because the cops were totally outgunned.

Well, that's fine. But why should anyone have to be hired? We citizens are, after all, the militia. What if 50 regular, Joe-Sixpack-type people with guns were patrolling? I'd find that very reassuring (esp. if I was living in that neighborhood, and because I'd be one of the 50) - and so should the police. Those police who aren't OK with it are invited to perform an anatomically impossible act...and they'll know it, too, when they see a bunch of rifles pointed in their direction about 2 seconds after they tell those folks to disarm.

28 posted on 10/10/2008 9:04:25 AM PDT by Ancesthntr (An ex-citizen of the Frederation dedicated to stopping the Obamination from becoming President)
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To: samadams2000
Wow! Great news that we can petition our government to return our property 3 years after it is desperately needed! God Bless America, I say.

But they still have to pass a background check to get their own property back.

29 posted on 10/11/2008 5:58:06 PM PDT by Veggie Todd (Democrats have a plan to lower gas prices... - Nancy Pelosi, April 2006)
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