Posted on 04/24/2006 10:20:00 AM PDT by neverdem
The legal skirmish between the New Orleans Police Department, the city and the National Rifle Association over the return of firearms confiscated after Hurricane Katrina has come to a cease-fire, with the NOPD agreeing to return some of the 700 weapons gathered during the storm and the NRA withdrawing its lawsuit against the city.
The actions came after months in which the NRA had claimed, in court and in press releases, that the city and its police department unlawfully disarmed citizens in the face of lawlessness and thuggery after the storm.
Police this week began returning the guns, but Superintendent Warren Riley said most of the weapons were not taken from the hands of gun owners. Instead, he said they were seized from empty homes where evacuees left them behind, to prevent looters from getting their hands on them.
Those weapons will be returned, police said, provided owners can show proof of ownership and proper identification. If claimants can't provide those documents, a sworn and notarized affidavit stating the weapon belongs to that person will be accepted. The department will make the guns available on Mondays, Wednesdays and Fridays. As of Friday, police said 25 guns had been returned.
The NRA and other gun-rights advocates had sued the city, saying it unlawfully took the guns during the storm and then failed to return them months after law and order was restored. Riley maintained that the only weapons NOPD officers seized were those left in evacuated homes, those stashed in blighted, abandoned homes and alleyways or guns from people trying to carry them onto evacuation buses or into shelters.
When asked if the dozens of other law-enforcement agencies in the city after the storm held to that policy, Riley said he couldn't speak on their behalf.
"We took guns that were..."
(Excerpt) Read more at nola.com ...
They were looting Guns at the same time they were looting Walmart.
TT
1/2 a loaf.
What they did in NO will be a blueprint for future emergencies. They don't mind lying about these things.
"The actions came after months in which the NRA had claimed, in court and in press releases, that the city and its police department unlawfully disarmed citizens in the face of lawlessness and thuggery after the storm."
Note the use of the word "claimed." It wasn't a "claim." The police were clearly and obviously in flagrant violation of both the law and the constitution.
"Police this week began returning the guns, but Superintendent Warren Riley said most of the weapons were not taken from the hands of gun owners. Instead, he said they were seized from empty homes where evacuees left them behind, to prevent looters from getting their hands on them."
Bull chips. Period. Bare-faced, unabashed lie. Period. Moreover, how does that excuse anything? What were police dong rummaging around in people's homes without a warrant...?
Sorry. Should read "...what were the police doing..."
I don't have any info yet but I do know Texas, Louisana and Mexico are going to be getting together for hurricane planning.
OK, Mr. Riley, please quote the legal authority through which the NOPD had the 'right' to seize weapons from "evacuated homes, blighted, abandoned homes and alleyways", and document who gave the police order to do so, and to whom the order was given.
So they didn't disarm citizens they just looted their houses and now won't give back their property unless they can produce proof of ownership. How would they get that proof? Any records they had in the houses are destroyed most likely. Another way to get out of admitting they rode over the constitutional rights of US citizens.
Preventing looting of firearms from abandoned premises is fine IF the property is returned to the owner upon presentation of a claim. Disarming people entering a bus for evacuation is a different matter.
Exactly!
Let's be clearer. They got what they wanted, unarmed citizens. Don't you imagine there was something like get the guns and we will sort this out later going on. If all that happens is that the guns are returned then the mission was successful. The officers that made these decisions need to be punished and the victims compensated IMO.,
I was in New Orleans from APril 1st through April 11th, just two weeks ago.....there is virtually NO police presence anywhere in the city now. I saw ONE cop writing a ticket, and it was to a soldier in a jeep, probably from the Naval Facility at the end of Poland Street, since the writing up was about five blocks down on Poland. But, it's true, of course, if ANYONE should be entitled the confiscate your firearms , it SHOULD be the New Orleans Police. They will probably have to return the guns that they didn't already sell to their friends or keep for themselves.
Yes, but these should be the first guns returned. They obviously know who they got them from. If one was evacuating, you wouldn't want to leave a gun for waters or looters.
Yet New Orleans' lawless superintendant of police, P. Edwin Compass, has declared, "No one is allowed to be armed. We're going to take all the guns."
Exactly. HTF can I prove ownership of guns that were given to me as gifts, or that I've had for twenty five years and long since threw the receipt away? Sounds like the NOPD is dancing to the Violence Policy Center's tune.
Good question. I have a computer file of all my guns and their serial numbers, but now I'm going to make sure that file is on a DVD or other medium that goes as part of my "bug-out kit."
I wonder how much it really cost New Orleans to buy off the NRA leadership.
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