THE RIGHT TO BEAR ARMS New Orleans police can't disarm evacuees - orders weapons returned

Houston Chronicle ^ | September 24, 2005 | Bill Walsh

[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.

[Old Student]

"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?"

You also make unwise assumptions. Darn few people are going to start a gunfight with cops who just turned the corner. Cops (or anyone else) who start breaking into my house are another matter. There WILL be a gunfight. Not only that, there aren't that many cops in ANY town or city, compared to the population of the town or city. The very first time they run into armed resistance, they're going to get the clue that this is not a good idea. My neighborhood, they might succeed in taking my guns, but they wouldn't make it out of the neighborhood.

I don't know about your town or city, but in mine, I'm on a first-name basis with some of the cops, and I don't think we have any who would obey such an order in the first place, since it is quite illegal. They need to think about what will happen after the disaster, too, you know? So does the mayor and the governor, for that matter. I can guarantee that in this state (Oklahoma) a public official who made such a statement would be suddenly unemployed.

Also, mind you, I'm retired military, and strongly of the law-and-order bent, but that include resistance to tyranny, too. If there aren't quite a few civil lawsuits against the people who ordered the confiscations, I'd be seriously surprised. I'd also be seriously surprised if the rest of the public officials don't get the message loud and clear. I'm not particularly rich, but I'd also find some spare change to donate to the legal defense fund of anyone who successfully resisted such a gun-grab, too.

[MarMema]

YES! Thank you!

[mylife]

compass is in big big trouble

[DocRock]

BTTT

[DocRock]

"This lying scumbag has committed perjury."

Here is the video where he said "No one will be able to be armed, we will take all weapons". Video

[xsrdx]

This is fantastic news, and exposes the NOPD and local government for the socialists they are.

The next step is for individuals to bring civil suits against the individuals responsible for the unlawful order, so that future gun confiscators learn that they will be held personally liable for violating the 2nd.

Every gun owner should join the NRA.

[AFPhys]

"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."
---->

The best part of the article. This ruling will not be appealed; therefore, it will stand as precedent for future LA actions.

[Major_Risktaker]

From my cold dead hands Bitch!

The incompetent Dictator Kathleen Blanco issued emergency power orders which allow her soldiers the authority to confiscate firearms from citizens in violation of the
2nd Amendment to the U.S. Constitution.

"No one will be able to be armed.
We are going to take all the weapons," Riley said.

On Thursday, in the city's well-to-do Lower Garden District, a neighborhood with many antebellum mansions, members of the Oklahoma National Guard seized weapons from the inhabitants of one home. Those who were armed were handcuffed and briefly detained before being let go.

This could be you.

_____________________

_____________________

[Reactionary]

File a class action lawsuit against the moronic Leftists. And if anyone was killed, raped or murdered because of their stupid policies, tack that on, too.

[xsrdx]

You start making "demands" of JBT's in the process of violating your rights and they'll just eliminate you. Their problem is solved.

Absolutely, and that puts the screws to most of the FMCDH crowd that faults NO gun owners for not throwning down the gauntlet.

The only way to deal with illegal confiscation at the extreme end, is through meticulously organized resistance. No reasonable individual is going to take on 15 irritated police with automatic weapons.

Short of that extreme, legal recourse is the thinking mans best option.

If Compass and his cronies lose signifcant credibiity and funding, or even better, are held PERSONALLY liable for violating Constitutional Rights, the outcome of this event will be positive.

[xsrdx]

err, "significant credibility". Sheesh.

[M1911A1]

The whole thing is so situational that it's hard to make any blanket statements about what one would do when faced with the whole unconstitutional confiscation nightmare.

I'd likely not give up my life resisting such an order, since I do have a wife and kiddies, and I would be loathe to endanger them by offering violent resistance.

I would think it wiser in my case to comply with as little assistance coming from me as possible, and I certainly would not be adverse to giving Clintonian answers to any questions. I would certainly try to get names, request to see a warrant, record what I could and get receipts for anything taken. There is a pretty good chance that my initial response would include presenting them with paperwork that showed all or some of my weapons had been transfered to a deceased relative. If they happened to miss some weapons that had been creatively stored, I would not inform them of that fact.

I think history shows that there is a greater chance that an illegal confiscation order will be initially enforced, even by LEOs that think that it is wrong and who are really nice guys to know, than that it would be completely ignored. I would hope to be lucky enough to draw a LEO who was enforcing it with as little enthusiasm as possible, but I wouldn't bank on it.

I can't honestly say that I would go out in a blaze of glory resisting such an unconstitutional order. My personal strategy would be to survive the encounter, retain at least one weapon if possible and get back at the bastards later through legal channels if possible, and other channels in the unlikely event that the emergency order was the beginning of true tyranny.

[planekT]

Excellent.

BTTT

[Calpernia]

bump

[nicmarlo]

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.

ping.

[Borax Queen]

Miracle. Wonder if there will be any repercussions for the undoing of the 2nd Amendment? Thank you for the ping!

[FixedandDilated]

This is indeed good news. I heard about yesterday on a local talk radio program. The host had on a Mr. Workman from the 2nd Amendment foundation.

[nicmarlo]

Glad the NRA is there to make sure that the people have the right to bear arms.....something the elected officials like to "forget."

[FixedandDilated]

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.

This suit probably wouldn't have gone too far if such a thing had occured in California. The 9th circuit court of appeals has ruled that the 2nd amendment does not guarantee an individual right to keep and bear arms. And California does not have an equivalent to the 2nd amendment in its state constitution. So we'd be pretty well SOL here from a legal standpoint. And attorney general Lockyer would be happy to help seize firearms.

[Borax Queen]

Now could we please do something about all the other violations of the Constitution that have occurred recently?