Firearms confiscated but not returned.

Me | July 4, 2008 | JD

[Righter-than-Rush]

Hurricane Katrina moved Louisiana's government to suspend the second amendment when it declared a state of emergency. Firearms were confiscated by force of law and military power. When the state of emergency was lifted, the second amendment was not restored, and the people's firearms were not returned.

A Federal district court ruled that guns confiscated would not be returned to their rightful owners. We're talking about legal firearm owners here. Common sense dictates that removing firearms from legal owners leaves only the criminals in possession of firearms, emergency or no. The Associated Press reported that some police officers asked if they could borrow guns from citizens, explained that they were outgunned during running street battles with armed criminals.

I know from experience that property siezed at airport security, and property siezed at the border out of a suspicion of activity, is never returned, and winds up in a government surplus sale. But fundamentally, I question why the second amendement was not restored with the lifting of the state of emergency. Ideas? Have other states responded similarly to states of emergency? What are the implications of this Federal ruling to us as legal firearm owners who will not give up our rights to protect ourselves, families and property when we know criminals will not face confiscation and when the government cannot protect us?

[wendy1946]

I know from experience that property siezed at airport security, and property siezed at the border out of a suspicion of activity, is never returned, and winds up in a government surplus sale. But fundamentally, I question why the second amendement was not restored with the lifting of the state of emergency. Ideas?

The state of emergency should have been immaterial to a basic right like the 2'nd ammendment. The constitution and our basic form of government would not have come into being without the gaurantee of those rights. "Rescinding" one of them is not legally possible; it amounts to reneging on a contract and in theory should break the contract.

[TornadoAlley3]

http://www.gov.louisiana.gov/index.cfm?md=newsroom&tmp=detail&articleID=248
Louisiana has been and still is under a state of emergency since Katrina

[Righter-than-Rush]

I see. As it is in the state government’s purvue to decleare and retract states of emergency, is it true that nobody in the entire state, whether or not affected by Katrina, may legally own a firearm?

[cowboyway]

The state of emergency should have been immaterial to a basic right like the 2'nd ammendment.

You need your firearms more than ever in a state of emergency.

Florida recognized that after the post hurricane looting a few years ago and changed the law giving citizens the right to use deadly force to protect property.

[Unknowing]

“Firearms were confiscated by force of law and military power.”

I submit that the confiscations were under “color of law” and not through the force of actual law.

[TornadoAlley3]

http://www.guncontrolkills.com/44/guncontrol/new-orleans-gun-confiscation-is-blatantly-illegal/

[autumnraine]

If you ask me, in a State of Emergency when dissaray of people and rioting/looting is going on... that when I want my gun the most.

[Righter-than-Rush]

My question is not about Louisiana’s law. It’s not even about the Federal court’s ruling against the second amendment, when challenged by the NRA and others. My question is about a national state of emergency when a nuke lights up somewhere in this nation, the President declares a NATIONAL state of emergency and inposes martial law ‘for our own protection.’ Can anyone cite and/or post the law stating the President can suspend the second amendment during martial law or a state of emergency?

[TornadoAlley3]

http://www.nraila.org/Legislation/Read.aspx?ID=3647

You need your firearms more than ever in a state of emergency.

I agree.

[Logical me]

No State has the right to confiscate legal registered firearms unless used in violation of the law. Undoubtedly the State has violated the law here in some cases. Confiscation of property.

[TornadoAlley3]

http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=17078

try this, I do not know the answer to your question, my point in posting LA law was that if you read the law, New Orleans did not follow it.

[Turret Gunner A20]

I submit that the confiscations were under “color of law” and not through the force of actual law.

And what do you think happens when someone comes to your door and demands something "under color of law" and you say NO?

[Righter-than-Rush]

>>I submit that the confiscations were under “color of law” and not through the force of actual law.>>

To citizens, they are one in the same. The law is the law, whether spoken by a legislator in writing or a cop pointing a gun in your children’s faces.

[Righter-than-Rush]

Unless someone can document my conclusion as unfounded, I contend the President, whether through powers of legislation or powers of unilateral decision (executive orders, see declaration of national emergency 9/14/01), may create laws taking away firearms and weapons of any kind, from citizens in all states, without consent or regard for state law. All the President needs is the opportunity. Someone please prove me wrong.

[Kirkwood]

It was impossible to know who was in charge at that time. NOLA lost 1200 officers almost immediately out of a force of around 1400. Many police officers came in from out of state and proceeded to terrorize citizens who were trying to protect their homes. This was especially true of the police from Michigan and California who answered to no one. Thee were others as well - some could never be identified because they didn’t wear standard issue uniforms. Only when the National Guard came into the area did the cops start to back off on preying on the people. Everyone should read the book “The Great New Orleans Gun Grab” to see what happens when cops go out of control. http://www.amazon.com/Great-New-Orleans-Gun-Grab/dp/0970981333

[RFEngineer]

“Unless someone can document my conclusion as unfounded, I contend the President, whether through powers of legislation or powers of unilateral decision (executive orders, see declaration of national emergency 9/14/01), may create laws taking away firearms and weapons of any kind, from citizens in all states, without consent or regard for state law. All the President needs is the opportunity. Someone please prove me wrong. “

I don’t think it’s a matter of proving you wrong. This scenario - Government seizing power above that for which they have consent from the governed - is exactly what the 2nd Amendment was created to prevent. I’m not sure I know of too many folks who would willingly hand over their firearms during a time of great peril.

I would like to believe our military generally would recognize this as an unlawful order and refuse to comply.

as for Law enforcement, maybe they are dumb enough to try it in New Orleans - but I not so sure they’d try it in most other areas of the country.

So I don’t think we’ll find any way to disprove what you are saying - it’s already illegal - but of course, that didn’t stop the New Orleans travesty, and probably won’t stop big-city police forces from doing the same in an “emergency” in some cases.

[meyer]

Firearms were confiscated by force of law and military power.

People could rightfully have fired upon these storm troopers, but didn't.

[Unknowing]

A grim result indeed.

[Wallace T.]

If a disaster is about to hit your town, and you have the time, you need to get out ASAP and go as far away as you are able, taking as much of your valuables, firearms included, as you can. Also, stay away from emergency shelters, even those set up by private groups such as the Red Cross, if you can afford to do so. The same police abuses as seen in New Orleans have been recorded in flood damaged areas of Iowa recently, without the excuse of out of state lawmen. Back during the Los Angeles riots in 1992, Korean storeowners had to use their firearms both to ward off looters and to prevent the police and National Guard from confiscating their weapons. When Greensburg, Kansas, was destroyed by a tornado, state and local officers stole valuable firearms from homeowners who left them as they abandoned their homes, sometimes replacing them with junk weapons. The dangers from out of control LEOs and FEMA bureaucrats are as great as those from looters. The old saying that a man's home is his castle no longer applies.