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.
You are kidding yourself if you think they are going to believe you when you say all you've got is some old POS rifle (Not that that would describe a nice surplus rifle in good condition, most make excellent sniper rifles with the addition of even an inexpensive scope, see Enemies Foreign and Domestic, by FReeper Travis McGee, AKA Matthew Bracken)
If they don't have receipts from the confiscation (they don't as none were given) or from when they bought the weapons, but they bought them from a federally licensed dealer, then the dealer will have sales records, including the 4473 that they filled out when they bought the weapons.
Be really ironic if "gun registration" was used to protect the rights of gun owners, wouldn't it. :)
It's true, but Louisiana, like Texas, does not have gun registration, nor permits to purchase no owner licensing. All they have is CHL permits, which are shall issue and don't say which or how many guns the license holder has, if any. There is of course the federal 4473 form, which if used as specified by law, that is kept at the dealer and the information provided to law enforcement only in tracing the ownership of specific firearms used in crimes or found at the scene of crimes, would be difficult to use in a general confiscation scheme. Now if the BATErs or local law are illegally collecting copies in a central database, or the FBI is not destroying the instant background check records, (which also don't refer to the specific gun purchased, but only handgun vs long gun) then they would have a basis for confiscation sweeps.
I think it bears investigation whether the guns confiscated were just found during illegal searches, or specifically targeted based on illegally kept records. This NOLA after all and I wouldn't put anything past them. Maybe we'll find some juicy BATFE collusion with the local authorities? Hmm?
Is this like a consent decree to stop beating your wife?
A consent decree is not good enough for a willful violation of the Constitutions of both Louisiana and The United States. It's a crime, and they should be punished as an example for the others.
Some of my guns are registered, some are not. {;o)
And would itself be illegal in many states. Even Texas, IIRC. However a nice peacefull neighborhood watch and gun club might slip by. Tactical training is a problem, because that will not slip by, and will trigger the "private army" laws in many jurisdictions. All approved by the Supreme Court well over 100 years ago. An anti immigrant law it was, those filthy ignorant and contentious Germans, IIRC.
The problem is, they probably know who the "Gun Nuts" are, and won't be satisfied with an old beater of a revolver or a Bryco. They may even have first paid a visit to area gun shops and found out, from the federal 4473s, who has which firearms. They may have even done so well in advance, although I don't think the NO Keystone Cops are that competent... unless they were planing on stealing them under less open circumstances.
Be really ironic if "gun registration" was used to protect the rights of gun owners, wouldn't it. :)
Be really ironic if "gun registration" was used to protect the rights of gun owners, wouldn't it. :)
That is an excellent point that I hope NRA is on top of. Someone needs to check whether this was a random door to door asking, or if they went with information to the door of gun owners.
That would put the lie to background checks and dealer-only forms.
The ____ would hit the fan, wouldn't it?
My error. Yes the SAF teamed up the the NRA on this one.
Yep, but no time like the present to find out that the police, including the BATFErs, have been grossly violating the law.
They would just take your video camera and beat you senseless. It would have to be hidden.
The problem is that the cops most likely won't break into your home. They will knock on the door and there will be more than one of them.
Unless you are aware that they are there only to take your weapons, there would be no reason for you not answer the door.
"Unless you are aware that they are there only to take your weapons, there would be no reason for you not answer the door."
You forgot to mention that they could show up while I'm gone, too. There are dozens of scenarios that could wind up with my firearms confiscated. I never said it would be easy to tell what's going on. It's simply that anyone who tries to get in my door without my permission is going to get shot. If I'm there. I have peepholes at two different heights in the door, a dog, and a low-light surveillance system watching the front of the house, among other places. There's only so much I can do.
This is good news about two gun groups co-operating and getting something done.
So how many Freepers are finally going to join the NRA because of this article? Remember, out of 80 million gun owners only 4 million belong.
Also, if you are already a member, please put the initials in your tagline.
Battery-backed satellite internet could be a big plus in TSHTF scenarios.
Zainey for SCOTUS
I disagree partially. Just don't rebuild the parts that depend on pumps and levees. The French quarter has been around for 200 years and has survived a lot worse than Katrina. On the other hand, the districts that were flooded out were stongholds of 4th and 5th generation Democrat welfare parasites who elected such crooks like Landreau, Nagin and the governor.
There is the higher law at work. The one that says the police will never ever suffer any consequences from any actions they take no matter what those actions are from murder to theft confiscation.
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