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THE RIGHT TO BEAR ARMS New Orleans police can't disarm evacuees - orders weapons returned
Houston Chronicle ^ | September 24, 2005 | Bill Walsh

Posted on 09/24/2005 12:47:27 AM PDT by Cincinatus' Wife

NEW ORLEANS - Gun rights groups won a temporary restraining order Friday preventing police in New Orleans and a nearby parish from confiscating people's firearms when seeking to evacuate residents.

U.S. District Court Judge Jay Zainey ordered the New Orleans Police and St. Tammany Parish Sheriff's Office to stop taking weapons from law-abiding people and return any they already took in the wake of Hurricane Katrina.

In documents filed in federal court in Baton Rouge, La., New Orleans Mayor Ray Nagin, Police Chief Eddie Compass and St. Tammany Sheriff Jack Strain deny ordering the confiscation of firearms.

But news reports quoted Compass as saying that only law enforcement officials would be allowed to have firearms and Deputy Chief Warren Riley as saying, "We are going to take all the weapons."

Wayne LaPierre, president of the National Rifle Association, said his group documented 30 to 40 cases of people having their weapons taken away after Katrina hit Aug. 29.

"In many cases, it was from their homes at gunpoint. There were no receipts given or anything else at a time when there was no 911 response, and these citizens were out there on their own protecting their families," LaPierre said."The worst thing about it is that it was at a time of complete collapse of the government's ability to protect people."

In the immediate aftermath of Katrina, there were widespread reports of looting throughout New Orleans. At the outset, the city ordered the police to ignore looters and focus instead on search and rescue. But within days, crime spiraled out of control and police were directed to restore order.

To gain control of the situation, Gov. Kathleen Blanco issued emergency power orders, which allow the authorities to regulate firearms. But the suit alleged that law enforcement officials overstepped the bounds by taking guns away in violation of the 2nd Amendment to the U.S. Constitution.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; News/Current Events; Politics/Elections; US: Louisiana
KEYWORDS: 2ndamendment; bang; banglist; donutwatch; govwatch; guns; libertarians; neworleans; nopd; nra; weapons
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1 posted on 09/24/2005 12:47:28 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
"We are going to take all the weapons."

Hey Compass...just once tell the truth.

2 posted on 09/24/2005 1:06:47 AM PDT by ncountylee (Dead terrorists smell like victory)
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To: Cincinatus' Wife

I wondered how this would turn out. It will be interesting to see if the confiscated firarms ended up in the "collections" of some of nawlin's finest. Also, one can only imagine the condition of the returned weapons if they were chunked in the back of a vehicle in a pile and then dumped in a damp/moldy repository somewhere. I would be pi$$ed off enough to sue for damages/replacement costs.


3 posted on 09/24/2005 1:10:35 AM PDT by NC Native ("Bombing begins in five minutes"... Ronald W. Reagan)
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To: Cincinatus' Wife

Yeah right, like they will return the Lawfully owned firearms to these people.

The people should have given them away bullets first.


4 posted on 09/24/2005 1:13:25 AM PDT by ChefKeith ( If Diplomacy worked, then we would be sitting here talking...)
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To: ChefKeith

Do not rebuild New Orleans. Just declare it a designated hurricane zone. Perhaps Ma nature will put all future hurricanes into this wasteland.


5 posted on 09/24/2005 1:23:26 AM PDT by tdscpa
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To: NC Native
We will find that there is no record whatever of who actually owns those firearms. Getting them back from the authorities in any condition will be very, very unlikely, requiring proof of ownership and probably a lawsuit.

Wish I were wrong. No receipts for the weapons, remember.
6 posted on 09/24/2005 1:29:56 AM PDT by Iris7 ("Let me go to the house of the Father." Last words of His Holiness John Paul II)
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To: ChefKeith

Most people in that situation will not shoot if it means the death of their families. Shucks, to shoot would at least have meant certain death. This will stop most people.


7 posted on 09/24/2005 1:34:35 AM PDT by Iris7 ("Let me go to the house of the Father." Last words of His Holiness John Paul II)
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To: Cincinatus' Wife
When we built our house here in NC. I decided to lay out our basement garden walk out to the Lake whereby ONE room was 5 feet shorter than the adjoining rooms. This is where the gun vault is housed for the antique guns, some over 100 years old are in safe keeping.

The Sigs and Rugers are at the ready in our bedroom and in my office.

8 posted on 09/24/2005 1:39:30 AM PDT by Cobra64
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To: Iris7

From my cold or warm dead hands.


9 posted on 09/24/2005 1:39:59 AM PDT by ChefKeith ( If Diplomacy worked, then we would be sitting here talking...)
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To: tdscpa

If only we could get that lucky and save a few billion $$$$.'

However the poliscum will never let that happen...


10 posted on 09/24/2005 1:42:01 AM PDT by ChefKeith ( If Diplomacy worked, then we would be sitting here talking...)
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To: ChefKeith

MAJOR VICTORY FOR FIREARMS OWNERS
AND FREEDOM IN LOUISIANA [NRA Statement, email to NRA members]

On Thursday, NRA filed a motion in United States District Court for the Eastern District of Louisiana seeking a temporary restraining order to block authorities from confiscating law-abiding citizens' firearms in the aftermath of Hurricane Katrina. Today, we are happy to report, the Court sided with NRA and issued a restraining order to bar further gun confiscations from peaceable, law-abiding victims of Hurricane Katrina in New Orleans.

Federal Judge Jay Zainey granted NRA's motion for an indefinite temporary restraining order and ordered those in power to cease and desist gun seizures. The authorities were also ordered to return guns seized by them or their agents to anyone "...who lawfully possessed them, upon presentation of identification and execution of a receipt therefore."

Commenting on the ruling, NRA Executive Vice President Wayne LaPierre said, "This is a significant victory for freedom and for the victims of Hurricane Katrina. The court's ruling is instant relief for the victims who now have an effective means of defending themselves from the robbers and rapists that seek to further exploit the remnants of their shattered lives."

Joining LaPierre in hailing the U.S. District Court decision was NRA-ILA Executive Director Chris W. Cox. "This is an important victory. But the battle is not over. The NRA will remedy state emergency statutes in all 50 states, if needed, to ensure that this injustice does not happen again."

The controversy erupted when The New York Times reported that the New Orleans superintendent of police directed that no civilians in New Orleans will be allowed to have guns and that "only law enforcement are allowed to have weapons." ABC News quoted New Orleans' deputy police chief, saying, "No one will be able to be armed. We are going to take all the weapons."

NRA also pledges that it will continue its work to ensure that every single firearm arbitrarily and unlawfully seized under this directive is returned to its rightful law-abiding owner.

Although this is great victory, we still need to hear from members who have been a victim of this gun confiscation initiative. If you have personally had a gun confiscated in Louisiana since Hurricane Katrina hit, please call (888) 414-6333. Be prepared to leave only your name and immediate contact information so we can get back to you. Once again, we are seeking contact information from actual victims of gun confiscation in Louisiana only.


11 posted on 09/24/2005 2:42:26 AM PDT by zipper (Freedom Isn't Free)
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To: Cincinatus' Wife

Oh by the way, I hope everyone saw the CNN.com clip (yes, CNN, I couldn't believe it either) that made the case that 8 N.O. police officers had systematically looted an entire school-busload (also stolen by them) of goods, as they were based in a downtown N.O. hotel. They also looted weapons. They had several witnesses on camera, including the hotel manager that said they also stole a generator as he watched from the roof-- from the hospital next door. They finally left with their busload of loot, going who-knows-where.


12 posted on 09/24/2005 2:46:32 AM PDT by zipper (Freedom Isn't Free)
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To: zipper

Food for thought.


13 posted on 09/24/2005 2:48:55 AM PDT by Cincinatus' Wife
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To: Cobra64

That would be a great wall to put a hidden door on.

Every gun owner should have a few throw away rifles on hand. Those $100-$200 military surplus rifles. My favorite is the Enfield No 1 Mk 4.

If gun grabbers ever come up the street hand them the surplus rifle and watch them move on down the street. When they turn the corner and the looters come back break out the "Good Stuff".


14 posted on 09/24/2005 3:03:17 AM PDT by PeteB570
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To: PeteB570
And to the "Cold dead fingers" crowd.

Talk on the key board is cheap. When a disaster strikes your community some bone head in Law Enforcement may make a "grab all guns" decision. You sit on your porch and when LEOs turn the corner you're going to have a shootout with them? They kill you, take all the guns in the house and now your family gets to face the looters without you and without any protection?
15 posted on 09/24/2005 3:11:23 AM PDT by PeteB570
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To: Cincinatus' Wife
…and return any they already took in the wake of Hurricane Katrina.

I hope the people have receipts.
16 posted on 09/24/2005 3:12:41 AM PDT by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink.)
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To: Calpernia

FYI


17 posted on 09/24/2005 3:20:46 AM PDT by Just mythoughts
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To: Cincinatus' Wife

So the gun-grabbers shrug and pick up the ball for their next serve. When do we see federal criminal charges filed against individual New Orleans police officers under 18 USC 241, "Conspiracy against rights?" Hellooo, NRA?


18 posted on 09/24/2005 3:38:54 AM PDT by Grut
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To: NC Native
I would be pi$$ed off enough to sue for damages/replacement costs.

The people who had their "CIVIL RIGHTS" violated should sue the crap out of anyone and any entity that illegally stole their guns and stepped on their 2nd Amendment rights.

Let's fight the fascists and dictators just like the ACLU fights our constitutional rights.....WITH LAW SUITS!

19 posted on 09/24/2005 4:20:16 AM PDT by DH
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To: Cincinatus' Wife
gee great - now whos got the records of ownership and the reciept that will no doubt be obligated to obtain posession of

this sucks like a hoover

20 posted on 09/24/2005 4:22:34 AM PDT by Revelation 911
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