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New Orleans Gun Confiscation is Blatantly Illegal
The Volokh Conspiracy ^ | 9/9/05 | David Kopel

Posted on 09/10/2005 5:59:21 AM PDT by Brian Mosely

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To: Emmett McCarthy
I personally have come to despise government in all its forms.

The alternative is worse. Anarchy is a literal hell on earth.

121 posted on 09/10/2005 11:47:39 AM PDT by Melas (The dumber the troll, the longer the thread)
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Comment #122 Removed by Moderator

Comment #123 Removed by Moderator

To: Mulder

I agree that the AG is a worthless slug, but the gun-show crap is John McCain poop, not Pres. Bush.

In MHO Bush has been the best Pres. Gun owners have had in quite some time.


124 posted on 09/10/2005 11:51:57 AM PDT by Beagle8U
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To: Emmett McCarthy
"Government officials want us to sing some silly song about "respect for the rule of law" when, in fact, there's no rule of law at all, but just raw power."

You are correct. When the Constitution and the law are ignored by the police and by the government authorities, there is no longer a "rule of law." Instead there is the "rule of men." In other words, the men in authority have given themselves the right to ignore the actual law, and the Constitution, and make up rules arbitrarily as they go along. Our founding fathers referred to this kind of thing as tyranny, today it's called totalitarianism.

I have a feeling that it will be a forlorn wait on our part before our President, or any other leader takes a position on this. OTOH, I believe very few Americans understand or care about our founding traditions anyway.

125 posted on 09/10/2005 11:53:05 AM PDT by Sam Cree (absolute reality)
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To: Beagle8U
In MHO Bush has been the best Pres. Gun owners have had in quite some time

Well, it's put-up or shut-up time.

You have armed thugs going door-to-door seizing guns in New Orleans violating the Rights of Americans under color of law. That is a federal felony. So when are they going to be arrested and charged?

Or do federal laws only apply to us peasants?

126 posted on 09/10/2005 11:56:08 AM PDT by Mulder (“The spirit of resistance is so valuable, that I wish it to be always kept alive" Thomas Jefferson)
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To: Brian Mosely

As far as I know, courts have ruled that the police are not legally required to protect us from all crime, nor do they make any warranty that such a thing is within their ability.

I hope the politicians who so easily dispense with the people's rights will pay a price. Not holding my breath, though.


127 posted on 09/10/2005 11:56:21 AM PDT by Sam Cree (absolute reality)
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To: Mulder

We are on the same page/team. I would love to put the NO slugs in jail for violating the 2nd amendment.

I just can't agree that President Bush is anti-gun.

If the AG wont go after them , we can go after him.
Just don't throw the baby out with the wash.


128 posted on 09/10/2005 12:12:05 PM PDT by Beagle8U
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To: Freebird Forever
Some JBT was beating down an elderly lady holding a revolver.

By the barrel and cylinder no less, not by the grip.

129 posted on 09/10/2005 12:15:29 PM PDT by El Gato
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To: Brian Mosely
Anybody remember that survey in the '90s given to some members of the Armed Forces asking whether they would confiscate weapons from US Civilians? The results indicated a sad ignorance of the constitutional limits

It got a lot of play in the now-extinct conspiracy fever contingent of FR, but I think it was later revealed to be a survey by the brass to determine gaps in their education of their men.

130 posted on 09/10/2005 12:24:40 PM PDT by Dumb_Ox (Be not Afraid. "Perfect love drives out fear.")
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To: Brian Mosely

This is so terrible it is beyond words.


131 posted on 09/10/2005 12:25:33 PM PDT by kerryusama04 (The UN wants our guns so they can rape our children and steal our money)
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To: Travis McGee; All
Once you are disarmed, you are a govt ward. Get on this bus, march into that holding area. Once disarmed, the govt owns you.

As long ago as when Pharao disarmed the Israelites and as recent as Robert Mugabe's Uganda, the song remains the same. Stand strong, 2A bretheren.

132 posted on 09/10/2005 12:28:56 PM PDT by kerryusama04 (The UN wants our guns so they can rape our children and steal our money)
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To: Melas
Re:government in all its forms.

" The alternative is worse. Anarchy is a literal hell on earth."

Anarchy is govm't. Your perspective that it's hell on Earth only comes from the viewpoint of the weaker party. That's the perspective those that wish to remain in their homes in NO.

133 posted on 09/10/2005 12:33:47 PM PDT by spunkets
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To: zzen01

"I hope that New Orleans and LA get the HELL sued out of them!"

Many of us would cheer if the Governor, Mayor and Chief of Police all were put away in a max security federal prison for the rest of their natural life. What an evilly inspired trio...

(I previously thought they were just incompetent, but now I believe they are inspired by evil forces).


134 posted on 09/10/2005 12:38:46 PM PDT by GGpaX4DumpedTea
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To: Sam Cree
As far as I know, courts have ruled that the police are not legally required to protect us from all crime, nor do they make any warranty that such a thing is within their ability.

No they are not legally required to protect anyone from crime. Otherwise, every person the fell victim to a crime could sue the local authorities for damages.

135 posted on 09/10/2005 12:38:51 PM PDT by Black Tooth
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To: Black Tooth

Thanks, makes sense. The NOLA cops and city government are criminals, but I guess that's nothing new. This deal is on a pretty big scale, though.


136 posted on 09/10/2005 12:47:06 PM PDT by Sam Cree (absolute reality)
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To: Sam Cree
I couldn't agree more Sam. Taking law abiding citizens guns, under any circumstances is just plain wrong and illegal.
137 posted on 09/10/2005 12:49:27 PM PDT by Black Tooth
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To: Brian Mosely

I pray some blood sucking lawyer (No Offense) is watching this and has plans to relentlessly sue so much so that it makes The Big Tobbaco Suits of the 80's and 90's look like Small Claims court. If ever a lawyer was needed...it is now.


138 posted on 09/10/2005 12:49:58 PM PDT by Xenophon450
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To: Black Tooth

You know, after Andrew, my neighborhood was wrecked. It wasn't flooded, but the wind damage exceeded most of what happened in NOLA. Lots of folks left town, they didn't want to live in a wrecked place with no electricity.

We stayed in our home, though, as did many. We got a generator, pumped water from a well, and generally did well. And we were armed. That part was a necessity the first week, while we were isolated.

No one came to Miami and disarmed the citizens, or forced them out of their homes. The cops didn't desert either. It may come as a surprise to Mayor Nagin, but everyone did fine, which IIRC, is the entire premise of America, that given a chance, people do fine on their own.


139 posted on 09/10/2005 12:58:19 PM PDT by Sam Cree (absolute reality)
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To: blackie; supercat
Is it insurrection?

No, I don't believe so. Insurrection is defined as an organized rebellion against authority. The perpetrators would be known as rebels.

The city officials of New Orleans are not organizing to overturn authority, but rather in conjunction with the NG and LEO from outside their state (and I'm sure the BATFE is probably there as well) are overreaching their authority by violating at least the first five Amendments of the Constitution, and possibly others.

True enough I think, they have certainly ignored the "authority" of the Constitution, but they are not engaged in an organized rebellion to overthrow the government.

Also, I believe that the lawlessness which began within the city after the hurricane had passed does not qualify as an insurrection. That was just good old fashioned criminals and thugs (along with some worthless NO Police apparently) taking advantage of the situation because there was no effective law enforcement in place to stop them. But I wouldn't say that they were organized rebels attempting to overthrow authority.

Again, I await the response of our elected officials to address this, even amid the unlikely hood they will.

Here is something posted a few times on fr that describes the Constitutional violations.

1st Amendment: NOPD and National Guard are confiscating cameras and film from reporters and not allowing pictures to be taken.

2nd Amendment: police and NG are searching homes and confiscating legally owned firearms.

3rd Amendment: National Guard are staying in hotels, churches, stores and homes with out permission of the owners.

4th Amendment: Warrantless searches of property and seizures by police and NG.

5th Amendment: Seizure of property without due process of law.

140 posted on 09/10/2005 1:10:00 PM PDT by planekT (What a mess.)
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