SAF FILES COMPLAINT AGAINST NEW ORLEANS POLICE CHIEF’S PLAN TO GRAB GUNS

Second Amendment Foundation ^ | 6/5/2006 | Second Amendment Foundation

[nralife]

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Second Amendment Foundation

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SAF FILES COMPLAINT AGAINST NEW ORLEANS POLICE CHIEF’S PLAN TO GRAB GUNS

For Immediate Release:   6/5/2006

BELLEVUE, WA – The Second Amendment Foundation (SAF) is calling upon U.S. Attorney General Alberto Gonzales to investigate New Orleans Police Superintendent Warren Riley over his announcement last week that police in his city would once again confiscate privately-owned firearms in the event of another catastrophic storm like Hurricane Katrina.

During a live interview with a New Orleans radio station, Riley acknowledged that citizens may, under state law, carry firearms. He said, however, that police will confiscate firearms, and may arrest people, arguing that “During an exigent circumstance like that, we cannot allow people to walk the street carrying guns.”

Last summer, SAF was joined by the National Rifle Association in a federal lawsuit against post-Hurricane Katrina gun seizures. That successful lawsuit in federal district court resulted in a restraining order, and subsequent injunction.

“We believe Riley’s decision is a flagrant disregard of the federal court action, Louisiana state law and both the Louisiana and federal constitutional protections of the right to keep and bear arms,” Gottlieb said in his letter to Gonzales.

“We’re writing to General Gonzales in an effort to prevent Riley and officers under his command from committing the same egregious civil rights violations they did last year,” Gottlieb explained. “It is outrageous that Riley would plan such actions when he knows they violate both state law and the state and federal constitutions. His claim that ‘exigent circumstances’ would allow such confiscations is preposterous.

“We are forced to address this issue to Attorney General Gonzales because we know that anti-gun Mayor Ray Nagin would never tell Riley to belay that order, nor would the mayor fire Riley for willfully violating the firearms civil rights of his constituents,” he said.

“Misuse of police power is a serious matter,” Gottlieb said. “Nowhere in America can a police official violate the civil and constitutional rights of citizens within his jurisdiction under the color of law. We find it necessary to keep reminding administrators like Riley that this is still the United States, not a police state.”

The Second Amendment Foundation (www.saf.org) is the nations oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.

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[Charles Martel]

Did you watch the abc video at post #32?

[kinoxi]

I try not to watch ABC news. If you watch it remember they are not on our side.

[El Gato]

I don't see how loosening gun laws during a time of anarchy helps law abiding citizens. Please enlighten me.

First of all, they would not be loosening gun laws. The guns in question were/are legally held by citizens of the United States, of Louisiana and residents of New Orleans. There is no law, federal state or city providing for confiscation.

Under the higher law, there can not be such a "law", since the Constitutions of both Louisiana and the United States forbid it.

"The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person." Article 1, Section 11. Louisiana Constitution.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.", Amendment II, Constitution for the United States.

On a practical level, confiscating the firearms of law abiding citizens (Criminals will not hand theirs over) leaves those citizens defenseless at the very time the police are not able to protect them. ( As if they ever are)

[El Gato]

There were and are plenty of good LEO's in New Orleans

Then why didn't they stop the bad ones, and those LEOs from out of state that might not know Louisiana law on the subject (particularly California CHP)?

[kinoxi]

How do you disagree with me?

[El Gato]

Where did i imply disarming citizens?

If you didn't mean to, you haven't been paying attention. Citizens were disarmed, the Chief of Police proposes to do it again. You term preventing him from doing so "loosing" gun laws, which it was not and would not be in the future.

[kinoxi]

Where in my typed statements do you find me in any way shape or form attempting to limit anyone's self defense?

[Smokin' Joe]

"...the right of the people to keep and bear arms shall not be infringed.", is all the law which should be needed. All else is infringement.

Actually, I think the legislatures should be repealing useless laws, and that should keep them busy for a decade or two.

[kinoxi]

I agree, can you post #47?

[kinoxi]

answer

[El Gato]

Legal gun owners still possess their guns.

In some cases guns confiscated during the aftermath of Katrina have not yet been returned because, the police didn't record which guns belonged to who, did not issue receipts, and now demand unreasonable proof of ownership. (bills of sale generally, and few folks have BoS for guns they bought decades ago, assuming they ever had one, I know I've got at least one gun for which I never had a bill of sale, even though it were obtained by perfectly legal means. I've got a Ruger 10/22 that I've had for well over 20 years, and I've moved 7 times since then. I know where I bought it though. (Oshmans sporting goods, in Richardson Square Mall in Richardson Texas... well I think it was that store, it was Oshman's and it was in a mall. But the chain no longer exists, and neither does that particular store, even under the Sports Authority Name.)

[El Gato]

The laws exist though. I approach this issue from this perspective.

No, the do not. There is no provision in Louisiana or US law for confiscating the firearms of law abiding citizens. (well, unless the firearm in question is a machine gun or short barrelled shotgun for which you haven't paid the appropriate tax, or were not allowed to, but in such cases you're in for more than just getting the guns confiscated).

[kinoxi]

I don't think the feds are coming to take anyone's guns. I don't think they can.
:)
P.S.
When a hurricane is coming... move.

[MonroeDNA]

You are all over the map with your responses.

Yes, firearms were illegally confiscated during Katrina. Did you not read the article in the original post?

Now some police chief in NOLA says he will do it again.

And what was your comment about saying that "I don't see how loosening gun laws during a time of anarchy helps law abiding citizens." about?

Who said anything about loosening gun laws? Your premise is falacious. The article talks about not just tightening gun laws, but putting in place ILLEGAL gun confiscation during emergency.

You're not in favor of illegal gun confiscation, are you?

Nice try, Sarah Brady.

[Charles Martel]

I try not to watch ABC news. If you watch it remember they are not on our side.

There's not much "reporting" in that piece, just clips of guardsmen talking about doing things in America that they'd more expect to be tasked with in Iraq, and of the officers and former chief of police talking about the seizures.

Given the material, it's a bit of a stretch to say that the media conjured it all up.

[MonroeDNA]

"I do not in any way shape or form promote disarming citizens. If you think the legislative branch should be busy passing useless laws in a time of crisis..."

What time of crises? And what useless laws?

Or are you once again all over the place?

[El Gato]

How do you disagree with me?

I disagree that tightening laws (without bothering with the legislative process or authorization by the legislature) is somehow loosening the laws. I disagree that people's guns were not confiscated and that if they were (and they were) that all were returned.

[MonroeDNA]

"I try not to watch ABC news. If you watch it remember they are not on our side."

Neither do I, but I sure watched the video. How about you? You asked for proof, and there it is. Now you won't look at the proof? Because you don't watch ABC???? Bullshiite.

[kinoxi]

the city was flooded, i call it a crisis ...

[kinoxi]

Many people had their rights violated.