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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: Brian Mosely

Don't count on the ACLU to leap to your defense.


201 posted on 09/11/2005 8:34:52 AM PDT by JoeGar
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To: paulcissa

Name one thing the GOA has ever done by themselves. They are the yappy little dogs of the Second Amendment fight.

When you clowns learn to work together is when we'll be able to get rid of gun control. Grow up.


202 posted on 09/11/2005 12:11:06 PM PDT by Shooter 2.5 (Vote a Straight Republican Ballot. Rid the country of dems. NRA)
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To: Shooter 2.5
Name one thing the GOA has ever done by themselves. They are the yappy little dogs of the Second Amendment fight.

Yappy little dogs have their function. They alert you that something is happening. They may also alert the big dog(s).

203 posted on 09/11/2005 7:49:44 PM PDT by El Gato
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To: Jeff Head

*Ping* to post 188


204 posted on 09/11/2005 8:31:10 PM PDT by PoorMuttly (A strong body makes the mind strong. As to the species of exercises, I advise the gun -T.Jefferson)
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To: 2ndreconmarine

No. I was never stationed there. I was P-3 Navy in the late 70s. We did westpacks deployments to Japan. And would send 2 planes on dets. to the PI or farther south down to Diego Garcia.

Most of the time going down there. First night land at Cubie Point. Then a stop at Bangkok and on to DG. And on the way back it was Singapore PI & back to Japan.

Except one time at the end of one deployment Coming back from DG to Japan. The Pilot must have wanted to get to his squeeze in the PI bad. All the way from DG to the PI in
one shot. With a max weight craft. Never went so high so long on a P-3 or landed with such empty tanks. After landing at Cubie. Went up to the cockpit and the fuel totalizer was under 1000 lbs. (full is 62,560 lbs)

On the plus side we did get two days there.

I needed to lookup the spelling of Olongapo. And came across these sights. Thought you would enjoy them.

http://filipinawives.com/memorial.html

(check out the Jarhead link on the above;)

http://home.nycap.rr.com/pwcarter/Liberty%20call.html

http://www.mooj.com/rxdept_page31.htm

Anchors Away !


205 posted on 09/11/2005 11:46:30 PM PDT by quietolong
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To: Drammach

Most don’t relize these are more diseases from stress and overcrowding. Just like you find in the camps they want to send them.

What’s the best place to get a nasty disease.... A Hospital.


206 posted on 09/11/2005 11:54:57 PM PDT by quietolong
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To: Brian Mosely; Shooter 2.5; Joe Brower; All
NRA-ILA Comments On Situation In New Orleans

Friday, September 09, 2005

Numerous media sources are reporting on a campaign by New Orleans city authorities to confiscate lawfully-owned firearms from people in the city. Louisiana statute does grant the government, during a state of emergency, broad powers in regulating and controlling firearms.

However, we have seen not just with Hurricane Katrina, but other similar situations, that when police are unable to control the criminal element, people turn to the one freedom that protects all others--the Second Amendment.

While one can certainly understand the dire predicaments of all those affected by Hurricane Katrina, as we have learned throughout history, campaigns to disarm the lawful do nothing to disarm the criminal. And in truth, these restrictions make citizens less safe. Despite the valiant efforts of many law enforcement officers and rescue workers, too many of those left in the wake of Katrina are ultimately responsible for their own security and safety and that of their families and loved ones. This is especially true when communication is virtually non-existent and police can't be quickly summoned to respond to calls for help. At these times, lawful gun ownership is paramount to personal safety.

Of course, the entire situation in New Orleans is constantly in flux. But rest assured NRA is monitoring this situation very closely and will address any activity by the government that unduly infringes upon the rights of lawful gun owners at the appropriate time. As we learn more, we will report to our members accordingly. In the interim, however, we join with all Americans in offering our thoughts, prayers, and assistance to the victims and survivors of this terrible natural disaster.

NRA-ILA

207 posted on 09/12/2005 12:17:59 PM PDT by xsrdx (Diligentia, Vis, Celeritas)
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To: xsrdx
NRA is monitoring this situation very closely and will address any activity by the government that unduly infringes

The time for monitoring and addressing has past. It's time to go to court. The fifth circuit is probably the best one for these matters. It's normally in New Orleans, but has apparently been evacuated to Houston.

208 posted on 09/12/2005 1:38:25 PM PDT by El Gato
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To: yatros from flatwater
It turns out that the JBT that tackled the old lady with the blue revolver was California Highway Patrol!. No wonder he panicked at the sight of a gun. Just holding the thing in the presence of an LEO is probably a felony in California.

A slightly different and longer video from CA station KTVU.

LA station would probably know better than to tape something like that. :(.

They finally evacuated the poor old gal, but they let her take her dogs, at least for the first leg to the airport. I hope they send her to Texas, from where she can sue their a$$. I'll even loan her one of my handguns, or, since mine aren't real suitable for a small woman's hand, buy another one and loan that to her for the duration of her stay in the Lone Star State. I guess I can afford a Rossi or Taurus revolver. :)

209 posted on 09/12/2005 2:13:48 PM PDT by El Gato
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To: Brian Mosely
LE lurkers, LEARN from this sorry episode.

We citizens support you more than your know; we watch your 6 day and night sight unseen because we know that you are outnumbered 2-3,000+ to one. Keeping and bearing arms supports you 24/7/365.25

You are sworn to follow lawful orders (Refer to the 20th Century's 100 million+ dead under the various socialist reigns; we have.) Do not risk lives including your own blindly carrying out foolish unConstitutional orders at gunpoint to disarm citizens - armed pursuant to our ratified Constitution, THE LAW of OUR LAND.

This is not a drill. THINK before you act. We are mostly the good guys, tens of millions sworn to defend our families' ratified Constitution against all enemies foreign and domestic, the common law militia defending our property, our homesteads.

With so many stolen uniforms and bad cops as in N.O., just who can be sure who is the good guy LE instead of other lotters or even cops who joined in the looting if a bit smarter.

210 posted on 09/12/2005 2:37:50 PM PDT by SevenDaysInMay (Federal judges and justices serve for periods of good behavior, not life. Article III sec. 1)
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To: Maeve
God?

* Dane from the movie Navy Seals. Codenamed "God".

211 posted on 09/13/2005 7:14:15 AM PDT by Dead Corpse (Anyone who needs to be persuaded to be free, doesn't deserve to be. -El Neil)
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To: All

Sorry for the long post but...
I think part of what we're *not* hearing on the controlled news media is that there ARE a few otherwise law-abiding citizens in New Orleans who decided to shoot back when they found themselves on the receiving end of the gun confiscation orders.

And by the way, I'm getting sick of the Bush worshiping that FR has become. Mr. Bush has lately not shown himself to be much of a friend to gun owners or anybody else who loves the Constitution for that matter. I'd like to see him do or say something useful about the confiscation in New Orleans, first of all. And get that Alberto Gonzales character out of the government, he's a totalitarian. Ever wonder why all these guys get together to 'talk policy' in places you're not allowed to see or hear? They're up to no good, that's why.

I hear a lot of people say "cold dead fingers" but who will probably roll over and give in. You have to draw the line at some point. If a volley of outrage to our congressmen and other officials (plus maybe some lawsuits) doesn't fix this gun confiscation debacle in New Orleans (hopefully it will), then you are going to have to realize the only other thing you've got left is a volley of lead. Because, if peaceful measures fail, that means the totalitarians are going to do this to the rest of the nation in due time. They got away with Waco, remember?

I've already decided life isn't worth living if they start dragging people out of their homes, so it will be a good day to die if it happens in my neck of the woods. Let's hope they don't force it to that. Nobody here really wants it to end this way. Oh, and don't come knocking at my door now. I might get surly.

Day by day I get sicker and sicker of living in a proto-Stalinist country. The one that used to be called the USA. I will die on my feet before I will grovel on my knees. It will be my last lost fight.

"No I will not go to the camps peacefully. Now get off my land." - Me.


212 posted on 09/13/2005 10:40:13 PM PDT by lastlostfight
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To: Brian Mosely

Just you-all wait...gun confiscation will come in front of a pending 'disaster'...

Mark my words...

Of course it will be over my dead body...


213 posted on 09/13/2005 10:46:22 PM PDT by antaresequity
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To: Brian Mosely; Admin Moderator
LINK: New Orleans SWAT Team Thugs Wear Flaming Skulls

Yeah I know it's Alex Jones. If he didn't have pics I wouldn't have believed it. But here are the pics and regardless of source they should be viewed. Why is a swat team allowed to display such regalia? The militarization of agencies meant to serve the public continues.

Such death symbology is useful to adjust the attitude of soldiers who have to face NAZIs, or Imerial Japanese, or the Commies and the armies of the same. It has no place in the wardrobe of public servants who use force against American Citizens.

If they cared as much about the Constitution as they care about how cool their flaming skulls look, we might not be having the confiscation. They're getting way past carried away with themselves and this wannabe commando act.

What we see in these pictures is only the beginning, let a terrorist strike occur and other cities will be free of law abiding gun owning citizens. Then when all the guns are collected, and Hillary is President, we can see what a real Police State looks like first hand. Society will separate into gun haves and gun have-nots; the former will be government and the latter will be non-government. Then every nightmare premonition of the founding fathers will be reality shortly thereafter.

Admin Moderator: How about a separate category along the top line for Gun Confiscation? How about it? Isn't this at least as important as Saddam Trial, Cindy Sheehan, or Support the Troops Weekend?

214 posted on 09/14/2005 5:54:35 PM PDT by Jason_b
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To: Jason_b
It has no place in the wardrobe of public servants who use force against American Citizens.

Yeah, isn't it ironic how there's a double standard for appearances... the gun grabbers go after certain firearms because of the way they look-- "Too menacing", "too military". But then you can have these guys storming people's homes in New Orleans, wearing camo, carrying decked out rifles with every tactical accessory in the catalog, and even wearing skull shirts, and it's no problem. They throw around terms like "the Mogadishu Mile" and "little Baghdad" while they drag little old ladies out of their homes. I saw videos of them busting into people's houses and it was creepy.

I've also read verified news stories of soldiers taking away film & cameras from journalists, which could've been further hard evidence of more home-invasion type confiscations going on. But from the stories coming out of there, this is not just an isolated few incidents. This whole thing is nuts.

Then when all the guns are collected, and Hillary is President, we can see what a real Police State looks like first hand

Yeah the foundation is here, that would just be the final lowering of the iron curtain on us. Although I've read John McCain is not a very 2nd Amendment friendly candidate either, so it looks like they have this whole deal sealed if we aren't careful.
215 posted on 09/14/2005 10:02:25 PM PDT by lastlostfight
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To: SFmom; George Smiley

Okay, here's the final draft of my letter.

Dear Senator

I was shocked to read news articles reporting that the superintendent of the New Orleans Police Department issued an order, ostensibly at the direction of the mayor of the City of New Orleans, to confiscate firearms from law-abiding citizens who were peacefully residing in their own homes.

It was even more shocking to see television and cable channel footage of what appeared to be state, local and federal law enforcement officials and some units of the National Guard carrying out this order.

I believe that both the issuance of this blatantly illegal order and the actions taken to carry it out constituted violations of 18 USC 241 “Conspiracy against rights” and 18 USC 242 “Deprivation of rights under color of law”. It is also possible that other laws of which I am unaware were violated by these actions.

I am requesting your assistance in persuading the United States Department of Justice to open a criminal investigation into this matter to determine if, as I believe, the rights of citizens were unlawfully violated by these actions, and, if such a determination is made, to prosecute all involved to the fullest extent of the law.

Thank you for your attention to this matter.

Sincerely,


216 posted on 09/15/2005 5:08:38 AM PDT by George Smiley (This tagline deliberately targeted journalists.)
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To: 2ndreconmarine

Doesn't wash.**** In a free country,**** the government doesn't get to decide A) what is for my own good and B) they don't get to enforce that simply because they want to.

SAYS IT ALL! Are We in a FREE Country? NO! Judges run America! NOT The Police, Politicians, or Citizens, JUDGES!
They without consent or Advice change the LAW as They sse fit.


217 posted on 09/17/2005 12:47:34 AM PDT by Wisard (1 Candle that won't GO Away! I believe in GOD, NOT Religion!)
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To: George Smiley; bang_list
I promised y'all I'd keep you posted on the responses I got to my letters:

Here's the first one I got in October 2005.

Dear Mr. Smiley:

Thank you for taking the time to contact me regarding Hurricane Katrina and the other hurricanes that have hit our shores, including Rita and Ophelia. Providing the necessary resources for recovery to those afflicted by these hurricanes is something I remain focused on daily, and my heartfelt thoughts and prayers go out to our fellow citizens along the Gulf Coast region and the North Carolina coast. As you know, many lives have been lost and families displaced as a result of Hurricanes Katrina and Rita, and the effects of this devastation ill continue for many months to come. As a former president of the Red Cross, I have a deep appreciation for the great work that private organizations perform to assist victims of these types of disasters while working closely with our first responders at the state and local level.

I am so pleased with the generous outpouring of support from North Carolinians during this challenging time for our Nation. My office has received hundreds of calls and letters from people who want to know how they can help. If you would like to provide assistance, please visit www.redcross.org or call 1-800-HELP-NOW, or visit www.fema.gov for a list of other relief agencies. You may also dial 2-1-1 for more information if you live in one of the following North Carolina counties: Transylvania, Wake, Durham, Orange, Chatham, Forsyth, Randolph, Rockingham, and Davie. I am a strong supporter of 2-1-1, an easy to remember phone number that those who need assistance or want to volunteer can use to connect with community services and volunteer opportunities. 2-1-1 is currently available in 22 states, and I have cosponsored a bill that would expand this service nationally.

As you know, Hurricane Katrina struck the Gulf coast on August 29, 2005, causing widespread flooding and significant property and infrastructure damage in Louisiana, Mississippi and Alabama. In response, President Bush submitted an request for emergency funding on September 1, 2005. Both the Senate and the House immediately took action on the measure with the Senate passing the request without opposition that same evening. The House approved the bill without opposition on September 2, 2005, and the president signed it into law that day. The emergency funding bill provided $10 billion in fiscal year 2005 for the Department of Homeland Security's Federal Emergency Management Agency 9FEMA), and $5 billion for the Department of Defense (DoD) to support the costs of evacuation, emergency repairs, personnel deployment, and other assistance resulting from the immediate relief efforts in areas affected by Katrina. On September 8, 2005, Congress passed a second emergency funding bill that provided $50 billion to FEMA, $1.4 billion to DoD, and $400 million to the Army Corps of Engineers for Hurricane Katrina-related disaster relief assistance. The president has indicated that he will make additional requests for emergency funding as soon as reliable estimates of hurricane damage from Katrina and Rita can be completed and a more comprehensive assessment of required resources is available.

I am so proud of the many North Carolinians who have stepped up to offer aid in this time of crisis, and I am especially proud of the men and women in uniform from North Carolina who have been deployed to assist in Hurricane Katrina and Rita relief efforts, many of whom have also recently served in the War on Terror. Their willingness to assist fellow Americans on our own soil truly is a testament to their spirit, their superb training, and their ability to adapt to any mission.

On September 13, 2005, I wrote—along with five of my colleagues in the U.S. Senate leadership—to President Bush, offering support in laying out a comprehensive “Marshall Plan” for the Gulf Coast as soon as possible. This is essential to help impacted families and to rebuild our coastal communities in a timely fashion. As the president stated, the preparation and initial response were inadequate in some critical ways, and moving forward, it is imperative that we maximize the effectiveness and efficiency of our collective efforts through a coordinated plan and structure. In addition, I cosponsored a resolution (S.Res. 242) calling for clear federal oversight of all federal spending for Hurricane Katrina recovery, rehabilitation and reconstruction.

I have also joined my five Senate leadership colleagues in writing to the chairmen of a number of key Senate committees asking that they find savings in federal programs under their jurisdiction to ensure that the federal government is fiscally responsible as we respond to Katrina and Rita.

Thank you again for taking the time to share you (sic) concerns. I assure you that I will continue to pursue every possible avenue to help the victims of this tragedy. Please do not hesitate to contact me if I can be of further assistance.

With my warmest best wishes,

/s/ Elizabeth Dole


Note the complete mismatch, except for the mention of hurricanes, between the subjects of my letter and her response.

218 posted on 01/12/2006 7:28:23 PM PST by George Smiley (This tagline deliberately targeted journalists.)
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To: George Smiley; bang_list
I realize that Senators are busy people, and decided to give Senator Dole the benefit of the doubt.

Here's my response to her letter:

The Honorable Elizabeth Dole
555 Dirksen Office Building
Washington, DC 20510

Dear Senator Dole:

I sent your D.C. Office a letter dated 15 October 2005 concerning the unlawful confiscation of legally owned firearms from law-abiding citizens who were peaceably in their own homes. In this letter, I requested your assistance in requesting that the United States Department of Justice open an investigation into these actions as they appear to have been in violation of Federal law.

Your response, while extremely well drafted (I am not being sarcastic-- I mean that sincerely- it's absolutely the best Congressional response I've received since someone in Jesse Helms' office sent me a three-pager several years ago), completely fails to address the issues and concerns expressed in my letter to you. Copies of both letters follow this page for your reference.

This omission is, I'm sure, attributable to the large volume of mail your office receives. I just wanted to point this out and give your office another opportunity to respond with finer granularity than that of your recent letter.

Thank you again for your attention to this matter.

Respectfully yours,

Sincerely,

George Smiley

P.S. If President Bush nominates Janice Rogers Brown to the USSC after the recent Miers withdrawal, this is one constituent who asks that you go the distance for her.

attachments: Smiley/Dole 1 p. Dole/Smiley 2 pp.


To date, no response.

219 posted on 01/12/2006 7:33:35 PM PST by George Smiley (This tagline deliberately targeted journalists.)
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To: George Smiley; bang_list; Abundy
There's something about getting letters addressed to you (not bulk mailings) from the IRS that sends a shiver up your spine.

I learned that that goes double when the envelope says

U.S. Department of Justice
CRT/Criminal Section

After staring at it in shock for about five seconds, I realized that it was a response to my letter to the Attorney General and that I didn't need to start putting together some bail money.

: ^ )

U.S. Department of Justice
Civil Rights Divison

Criminal Section - PHB
950 Pennsylvania Avenue, N.W.
Washington, DC 20530

Dear Mr. Smiley:

This is a response to your letter dated September 15, 2005, in which you request that the Department of Justice investigate the legality of an order issued by the superintendent of the New Orleans Police Department to confiscate firearms from citizens. You also request that the Department of Justice investigate the execution of this order by law enforcement officers.

The Criminal Section of the Civil Rights Divison at the Department of Justice is responsible for investigating and prosecuting criminal conduct involving deprivation of rights. In general, these matters include acts involving racial or religious violence, misconduct by local and federal law enforcement officials, violation of peonage and involuntary servitude statutes, and violence against reproductive health care facilities.

We have carefully reviewed the information which you furnished. However, we have determined that your complaint does not involve a prosecutable violation of federal criminal civil rights statutes. THis is not a judgment on the truth or merit of your complaint, it is simply to inform you that this is not the type of case that this office could prosecute. Accordingly we are unable to assist you.

You may wish to contact a private attorney, the nearest legal aid program or the local bar association to determine whether they may be able to assist you.

Sincerely,

David Allred
Acting Section Chief
Criminal Section
Civil Rights Division

by:

/s/ Ellen Duffy
Paralegal Specialist
Criminal Section


So it appears that the DOJ blew me off.

Comments?

220 posted on 01/12/2006 7:49:49 PM PST by George Smiley (This tagline deliberately targeted journalists.)
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