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New Orleans Gun Confiscation is Blatantly Illegal
The Volokh Conspiracy ^ | 9/9/05 | David Kopel

Posted on 09/10/2005 5:59:21 AM PDT by Brian Mosely

New Orleans Gun Confiscation is Blatantly Illegal:

On Monday, I'll have an article on the New Orleans gun confiscation on Reason.com. But there's one part of the story that's too important to wait: the confiscation is plainly illegal. I realize that there are plausible arguments that the house-to-house break-ins and gun-point confiscations violate the Second, Fourth, Fifth and Fourteenth Amendments of the United States Constitution, as well as numerous provisions of the Louisiana Constitution, including the right to arms. Indeed, the confiscations are inconsistent with the Universal Declaration of Human Rights, and with natural law. But my point is much more specific. The particular Louisiana statute which allows emergency controls on firearms also clearly disallows the complete prohibition being imposed by the New Orleans chief of police.

The relevant statute is La. Stat., title 14, § 329.6. It provides:

§329.6. Proclamation of state of emergency; conditions therefor; effect thereof

A. During times of great public crisis, disaster, rioting, catastrophe, or similar public emergency within the territorial limits of any municipality or parish, or in the event of reasonable apprehension of immediate danger thereof, and upon a finding that the public safety is imperiled thereby, the chief executive officer of any political subdivision or the district judge, district attorney, or the sheriff of any parish of this state, or the public safety director of a municipality, may request the governor to proclaim a state of emergency within any part or all of the territorial limits of such local government. Following such proclamation by the governor, and during the continuance of such state of emergency, the chief law enforcement officer of the political subdivision affected by the proclamation may, in order to protect life and property and to bring the emergency situation under control, promulgate orders affecting any part or all of the territorial limits of the municipality or parish:

(1) Establishing a curfew and prohibiting and/or controlling pedestrian and vehicular traffic, except essential emergency vehicles and personnel;

(2) Designating specific zones within which the occupancy and use of buildings and the ingress and egress of vehicles and persons shall be prohibited or regulated;

(3) Regulating and closing of places of amusement and assembly;

(4) Prohibiting the sale and distribution of alcoholic beverages;

(5) Prohibiting and controlling the presence of persons on public streets and places;

(6) Regulating and controlling the possession, storage, display, sale, transport and use of firearms, other dangerous weapons and ammunition;

(7) Regulating and controlling the possession, storage, display, sale, transport and use of explosives and flammable materials and liquids, including but not limited to the closing of all wholesale and retail establishments which sell or distribute gasoline and other flammable products;

(8) Regulating and controlling the possession, storage, display, sale, transport and use of sound apparatus, including but not limited to public address systems, bull horns and megaphones.

(9) Prohibiting the sale or offer for sale of goods or services within the designated emergency area for value exceeding the prices ordinarily charged for comparable goods and services in the same market area at, or immediately before, the time of the state of emergency. However, the value received may include reasonable expenses and a charge for any attendant business risk in addition to the cost of the goods and services which necessarily are incurred in procuring the goods and services during the state of emergency, pursuant to the provisions of R.S. 29:701 through 716.

B. Such orders shall be effective from the time and in the manner prescribed in such orders and shall be published as soon as practicable in a newspaper of general circulation in the area affected by such order and transmitted to the radio and television media for publication and broadcast. Such orders shall cease to be in effect five days after their promulgation or upon declaration by the governor that the state of emergency no longer exists, whichever occurs sooner; however, the chief law enforcement officer, with the consent of the governor, may extend the effect of such orders for successive periods of not more than five days each by republication of such orders in the manner hereinabove provided.

C. All orders promulgated pursuant to this section shall be executed in triplicate and shall be filed with the clerk of court of the parish affected and with the secretary of state of this state.

D. During any period during which a state of emergency exists the proclaiming officer may appoint additional peace officers or firemen for temporary service, who need not be in the classified lists of such departments. Such additional persons shall be employed only for the time during which the emergency exists.

E. During the period of the existence of the state of emergency the chief law enforcement officer of the political subdivision may call upon the sheriff, mayor, or other chief executive officer of any other parish or municipality to furnish such law enforcement or fire protection personnel, or both, together with appropriate equipment and apparatus, as may be necessary to preserve the public peace and protect persons and property in the requesting area. Such aid shall be furnished to the chief law enforcement officer requesting it insofar as possible without withdrawing from the political subdivision furnishing such aid the minimum police and fire protection appearing necessary under the circumstances. In such cases when a state of emergency has been declared by the governor pursuant to R.S. 29:724 et seq., all first responders who are members of a state or local office of homeland security and emergency preparedness, including but not limited to medical personnel, emergency medical technicians, persons called to active duty service in the uniformed services of the United States, Louisiana National Guard, Louisiana Guard, Civil Air Patrol, law enforcement and fire protection personnel acting outside the territory of their regular employment shall be considered as performing services within the territory of their regular employment for purposes of compensation, pension, and other rights or benefits to which they may be entitled as incidents of their regular employment. Law enforcement officers acting pursuant to this Section outside the territory of their regular employment have the same authority to enforce the law as when acting within the territory of their own employment.

F. Notwithstanding the provisions of this Section, except in an imminent life threatening situation nothing herein shall restrict any uniformed employee of a licensed private security company, acting within the scope of employment, from entering and remaining in an area where an emergency has been declared. The provisions of this Subsection shall apply if the licensed private security company submits a list of employees and their assignment to be allowed into the area, to the Louisiana State Board of Private Security Examiners, which shall forward the list to the chief law enforcement office of the parish and, if different, the agency in charge of the scene.

First, there are the procedural issues. According to subsection B, emergency orders must be published in a newspaper in the jurisdiction; the Times-Picayune is heroically publishing on-line, but I did not find any evidence, on Friday night, of any publication of the gun confiscation order, whose implementation had already begun on Thursday. According to subsection C, an emergency order must also be filed with the court in the relevant parish (impossible under current conditions), and with the Secretary of State (whose office in Baton Rouge is entirely functional). The Secretary's website gives no indication that a gun confiscation order has been filed.

The more serious issue is the substantive one. The emergency statute creates authority for "prohibiting" some things, and for "regulating" other things. The statute uses "prohibiting" in subsections (A)4, 5, and 9. The statute uses "regulating" in sections (A)3, 6, 7, and 8. Quite clearly the legislature meant to distinguish "prohibiting" authority from "regulating" authority. In the context of the statute, it is not plausible to claim that "prohibiting" means the same as "regulating."

"Prohibiting" authority applies to the sale of alcohol, presence on public streets, and the sale of goods or services at excessive prices. "Regulating" authority applies to firearms, flammable materials, and sound devices (such as megaphones). The "regulating" authority is undoubtedly broad. But it is not equivalent to "prohibiting." The statute does not authorize the New Orleans Police--abetted by the National Guard and the U.S. Marshalls--to break into homes, point guns at people, and confiscate every single private firearm--or every single private bullhorn or private cigarette lighter.

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."

The Compass order appears to be plainly illegal. Under section 1983 of the federal Civil Rights law, any government employee who assists in the illegal confiscation would appear to be personally liable to a civil lawsuit. Moreover, higher-ranking officials--such as the National Guard officers who have ordered their troops to participate in the confiscation--would seem to be proper subjects for impeachment or other removal from office (and attendant forfeiture of pensions), depending on the procedures of their particular state.

All police officers, National Guard troops, and U.S. Marshals take an oath to uphold the Constitution and the laws. It appears that carrying out an illegal order to confiscate lawfully-owned firearms from homes would be inconsistent with the oath, contrary to sworn duty, and perhaps a criminal act.
UPDATE: Orin's response to my post (above) contains several misunderstandings, in my view:

1. The most serious problem is that he reads the power of "regulating and controlling" as equivalent to the power of "prohibiting and controlling." By his theory, the Louisiana legislature could just as well have said "controlling" instead of "prohibiting and controlling" and the legislature still would have granted the power of prohibiting. In an abstract semantic sense, Orin's theory is not implausible. But the Louisiana legislature obviously used the words more precisely; the repeated shifts from "regulating" to "prohibitting" plainly show that the two words are not identical, and that adding "and controlling" after each word does not create identical phrases. If the Louisiana legislature meant to convey the same powers over each of the items in subsection (A), the legislature would have used the same operative words in each subsection.

2. He's right that the statute doesn't specify whether proper publication and filing are necessary for the emergency orders to be lawful. (And as my original post indicated, it's not absolutely certain that proper publication and filing have not occured, although it would be odd for the Louisiana Secretary of State not to post the filing of such an important order.) At least in some circumstances, strict adherence to the provisions of subsections (B) and (C) would be impossible. For example, the Secretary of State's office might be closed; indeed, the courts in Orleans Parish are currently closed. However, if the police chief failed to file the proper notice with the Secretary of State, even when the Secretary of State's office is open, the failure to file indicates, at the least, a disregard on the part of the chief for proper legal procedure.

3. Note subsection (B)'s rule that "Such orders shall be effective from the time and in the manner prescribed in such orders... Such orders shall cease to be in effect five days after their promulgation..." Has the police chief ever promulgated a proper emergency order about firearms? Sending police officers out to confiscate guns is not "promulgation." For the order to be valid, there must, at least, be some form of proper order to the public, not merely to the police. The "promulgation" must, at the least, include a date on which the order goes into effect, because a legal start date is necessary to calculate the automatic expiration date five days thereafter. It seems unlikely that a press conference merely announcing--after the confiscations and break-ins have already begun--the confiscations are taking place, consistutes the promulgation of an "order." The only Louisiana case law definitions of "promulgate" come from election law cases; they rely on the dictionary definition of "promulgate" as "To make known or announce officially and formally to the public." The cases further specify that "promulgate" should be understood in its specific statutory context. E.g., LeCompte v. Board of Sup'rs of Elections of Terrebonne Parish, 331 So.2d 173 (La. App. 1976). And it appears that the chief of police has not complied with any of the statute's specific standards for promulgation (newspaper, parish court, Secretary of State).

4. Violation of a person's state constitutional right to keep and bear arms is a violation of her 14th Amendment rights, and gives rise to a cause of action under section 1983. Kellogg v. City of Gary, 562 N.E.2d 685, 696 (Ind. 1990):

For all of the foregoing reasons, we now hold there is a state created right to bear arms which includes the right to carry a handgun with a license, provided that all of the requirements of the Indiana Firearms Act are met. This right is protected by the Due Process Clause of the Fourteenth Amendment and is both a property and liberty interest for purposes of § 1983.

If the confiscation of firearms is illegal under Louisiana statute, then the confiscation is very likely a violation of the right to arms under the Louisiana constitution. Moreover, pursuant to United States v. Emerson, the Second Amendment is recognized as an individual right in the Fifth Circuit, which includes Louisiana. The Second Amendment, even if unincorporated, would be the basis of a section 1983 claim against any federal employees involved in the confiscation. Also, the warrantless entry into homes and illegal confiscation of property might give rise to section 1983 claims premised on the Fourth and Fifth Amendments.

5. In response to some of the issues raised by comments on related posts...the President of the United States probably has the power, as Commander in Chief, to order the confiscation of firearms from areas in actual rebellion, following a proclamation of martial law. Martial law has not been declared. The "standard of scrutiny" question for the deprivation of state or federal constitutional rights is irrelevant here; the question would be relevant if there were a challenge to the constitutionality of the Louisiana emergency statute. When the police chief exercises power which he was never granted by law, then his act is ultra vires, and necessarily illegal.

Related Posts (on one page):

  1. The New Orleans Gun Confiscation -- A Response to David Kopel:
  2. New Orleans Gun Confiscation is Blatantly Illegal:
  3. Constitutions and Emergencies:
  4. Taking Away Their Guns in New Orleans:


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; US: Louisiana
KEYWORDS: bang; banglist; katrina; mdm; neworleans; nopd
Navigation: use the links below to view more comments.
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1 posted on 09/10/2005 5:59:21 AM PDT by Brian Mosely
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To: Brian Mosely
any government employee who assists in the illegal confiscation would appear to be personally liable to a civil lawsuit.

I pray that some lawyer reading this will get going right away on taking care of Mr. P. Edwin Compass in an appropriate manner.

2 posted on 09/10/2005 6:07:33 AM PDT by 19th LA Inf
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To: Brian Mosely

I hadn't heard they were confiscating guns.

Is it still martial law down there?


3 posted on 09/10/2005 6:08:47 AM PDT by x5452
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To: Brian Mosely

What's really disgusting is that the NOPD is one of the most corrupt police departments in the US. Ditto for the NO municipal government and the LA state government. Most high quality firearms retail for $300 and up. If those individuals get ahold of a lot of privately owned guns, it's just about assured that they'll either keep them for themselves or sell them on the black market to their gang banger buddies. Hence, most of the law abiding citizens of NO will see the guns go from the hands of law abiding citizens into the hands of criminals, causing that much more gun crime.


4 posted on 09/10/2005 6:13:52 AM PDT by libstripper
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To: x5452
I hadn't heard they were confiscating guns.

You apparently haven't been reading FreeRepublic. There have been numerous reports posted here over the last couple of days.

Is it still martial law down there?

AFAIK, there never was.

5 posted on 09/10/2005 6:13:57 AM PDT by wysiwyg (What parts of "right of the people" and "shall not be infringed" do you not understand?)
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To: libstripper
>>>"What's really disgusting is that the NOPD is one of the most corrupt police departments in the US. Ditto for the NO municipal government and the LA state government"<<<

However there are little pockets of sanity scattered around, Chalmette is one.

TT
6 posted on 09/10/2005 6:17:06 AM PDT by TexasTransplant (Ogden contact Texas Transplant)
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To: x5452

Not only that....there is video out of a big tough cop having to grapple a little old lady take her gun...and forcably remove her from her NON -flooded home...even while the city attorney DENIES they are using force removing people...


7 posted on 09/10/2005 6:17:40 AM PDT by Crim (I may be a Mr "know it all"....but I'm also a Mr "forgot most of it"...)
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To: Brian Mosely

I can't think of any place in the US at any time in its history then New Orleans today where a citizen would be more inclined to look skyward and thank God and the Founding Fathers for their right to be armed and no time or place in American history where the rats would be more determined to confiscate.


8 posted on 09/10/2005 6:20:15 AM PDT by Jim_Curtis
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To: 19th LA Inf

I hope that New Orleans and LA get the HELL sued out of them!


9 posted on 09/10/2005 6:24:16 AM PDT by zzen01
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To: Brian Mosely

I don't think there's the slightest concern on the part of the so-called "authorities" about what's legal or constitutional. They know that 5 cops with a lot of firepower can take your guns one way or the other. Government officials want us to sing some silly song about "respect for the rule of law" when, in fact, there's no rule of law at all, but just raw power.

I personally have come to despise government in all its forms.


10 posted on 09/10/2005 6:31:09 AM PDT by Emmett McCarthy
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To: Crim; x5452
 Second Amendment Sisters Re: Gun Confiscation in New Orleans
 
 New information on confiscation in New Orleans
 
 New Orleans Begins Confiscating Firearms (merged w/ "You're all gonna love this one") ( Multi-page thread 1 2 3 4 5 ... Last Page )
 
 New Orleans Begins Confiscating Firearms as Water Recedes ( Multi-page thread 1 2 )
 
 What happens to all the Weapons?
 
 Bill of Rights Countdown in NOLA
 
  Hide your weapons, the government is coming to protect you.

 


Click Here for 411 KB Low
Quality .wmv Video
For Dial-Up Users
 
It's even worse than mere confiscation:
 
 
 Holdouts to Be Removed From New Orleans -- "They shot our dogs!" Miller, a 54-year-old housewife, said --
-- at least in St. Bernard Parish, police are now shooting people's animals right in front of them, if the people will not evacuate.

11 posted on 09/10/2005 6:32:43 AM PDT by backhoe
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To: Emmett McCarthy

>>>"I personally have come to despise government in all its forms"<<<

Welcome to the club!

TT


12 posted on 09/10/2005 6:33:59 AM PDT by TexasTransplant (NEMO ME IMPUNE LACESSET)
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To: Crim
Here it is:




Click Here for 411 KB Low
Quality .wmv Video
For Dial-Up Users


13 posted on 09/10/2005 6:34:41 AM PDT by yatros from flatwater
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To: Brian Mosely; Joe Brower; glock rocks; Jeff Head; Mulder; wardaddy; river rat

I wonder if the police taking the guns are giving receipts to the owners?

It's so disgusting, an obvious attempt to apply leverage to force holdouts to leave, by leaving them defemseless.

Once you are disarmed, you are a govt ward. Get on this bus, march into that holding area. Once disarmed, the govt owns you.


14 posted on 09/10/2005 6:37:08 AM PDT by Travis McGee (--- www.EnemiesForeignAndDomestic.com ---)
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To: Crim
Not only that....there is video out of a big tough cop having to grapple a little old lady take her gun...and forcably remove her from her NON -flooded hom

A clearly UNLOADED gun, which she had demonstrated to them, was wrested from her while she was ASSAULTED by that scum!...

15 posted on 09/10/2005 6:37:48 AM PDT by pageonetoo (You'll spot their posts soon enough!)
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To: x5452

never was martial law


16 posted on 09/10/2005 6:41:32 AM PDT by aumrl (the storm had passed....)
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To: Travis McGee
Once disarmed, the govt owns you.

So do the barbarians.

17 posted on 09/10/2005 6:42:00 AM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: x5452
I hadn't heard they were confiscating guns.

PBS even showed video of it on the News Hour last night.

Some JBT was beating down an elderly lady holding a revolver.

18 posted on 09/10/2005 6:42:31 AM PDT by Freebird Forever (A thousand Bravehearts are better than one)
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To: Brian Mosely
A well dumbed-downed populace, being necessary for the tyranny of the state, the people's right to indifference and acquiescence shall not be infringed.
19 posted on 09/10/2005 6:43:42 AM PDT by Right Brother
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To: Brian Mosely
This whole subject in itself is quite horrifying if you are, in fact a firearms owner and upstanding citizen of this country. Each and every one of us has a duty to the other to make this poor choice of judgement on the part of government authorities to set a precedent in Washington to insure this doesn't happen again.....ever.

The only way that's going to happen is if good people like the community of legal citizens owning firearms stands up and gets heard. Don't count on the NRA to do it, they're too busy with other agenda that doesn't address 2A rights. A grass roots effort and a damn loud noise about it to the cronies in DC will be the only manner to get this in front of lawmakers.

Even though I despise attornies (they're not all corrupt) almost as much as I despise politicians (they are all corrupt), attornies in this type of situation can in fact be "useful idiots". Lawsuits of civil nature can have drastic impact on the political careers of persons willing to make law at the local level. This is proven true again and again.

So to end my own personal rant (I feel much better now), pick up the phone, call you're legistlators, call GOA and most importanly; make a big noise if you expect to be heard. To those that would say "It can't happen here"....it just did.

20 posted on 09/10/2005 6:47:04 AM PDT by paulcissa (Only YOU can prevent liberalism.)
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To: TexasTransplant

>>>"I personally have come to despise government in all its forms" George Washington is club Pres. "Govt like fire is a dangerous servant and a FEARFUL MASTER"


21 posted on 09/10/2005 6:51:48 AM PDT by aumrl (the storm had passed....)
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To: zzen01
I hope that New Orleans and LA get the HELL sued out of them!

A better solution would be for the US Attorney General to order the arrests of those issuing orders violating the civil rights of citizens.

After that arrests of Police Officers and National Guard troops who violated their oath to protect and defend the Constitution.

Trying to use the "I was just following orders" defense should be recognized and accepted as a guilty plea.

22 posted on 09/10/2005 6:56:30 AM PDT by ASA Vet (Line the border with trebuchets. Provide the invaders free flights home.)
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To: AAABEST; wku man; SLB; Travis McGee; Squantos; Shooter 2.5; The Old Hoosier; xrp; freedomlover; ...
I am continuing to compile a list of FreeRepublic folks who are interested in RKBA topics. FReepmail me if you want to be added.

Conversely, if you want off my ping-list, let me know.

And my apologies for any redundant pings.

Click the Gadsden flag for pro-gun resources!

23 posted on 09/10/2005 6:56:43 AM PDT by Joe Brower (The Constitution defines Conservatism. *NRA*)
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To: x5452

"I hadn't heard they were confiscating guns."

Man, they're kicking in doors on un-damaged houses and confiscating any firearms found in the homes. If there's someone there they give them 15 minutes to pack up. I don't know if they are doing a thorough search or just looking around. Personally, I think this is turning into a big land grab. As our glorious leader says "Freedom is on the march".


24 posted on 09/10/2005 6:57:33 AM PDT by dljordan
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To: Joe Brower

See my reply #11 on this post. It's getting worse.


25 posted on 09/10/2005 6:58:12 AM PDT by backhoe
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To: paulcissa

Noone cares - just us responding to this post. The fact is if a terrorist sets off a dirty bomb in your city, your enemy is the US Govt and the local boys in blue. They will seek to disarm YOU - "for your own safety and those around you" (read the government) Goodbye freedom. And who is the only one to benefit? Big govt types like lib Rats. Repubs wont have viable businesses, who needs a surgeon like Frist if there's no operating rooms except for other big govt types.

Unless a George Washington type comes forward, willing to step down even when he could be crowned king, when the Religion of Pieces strikes, its hello to another kind of america, on the level of Putin's Russia or worse.

The best bet if this happens is to pack up the weapons and head for the hills. Your home and property is going to be useless anyway.


26 posted on 09/10/2005 6:59:16 AM PDT by Zrob (freedom without lies)
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To: Travis McGee

What is happening is exactly what the "tin-foil-hat" folks have been honking about for years. The JBT's come to your door, kick it in, confiscate your weapons and drag you off to a camp. If you resist, well, all bets are off.


27 posted on 09/10/2005 7:02:47 AM PDT by dljordan
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To: paulcissa

"So to end my own personal rant (I feel much better now), pick up the phone, call you're legistlators, call GOA and most importanly; make a big noise if you expect to be heard."

Good plan! I hope everyone follows it. If the government gets away with this now you know they'll be doing it for future "emergencies". Is there any situation that warrants taking guns away from law abiding citizens? No. Call/write your representatives and tell them that!


28 posted on 09/10/2005 7:03:14 AM PDT by Sun Soldier
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To: Right Brother

"A well dumbed-downed populace, being necessary for the tyranny of the state, the people's right to indifference and acquiescence shall not be infringed."

Spot on old chap.


29 posted on 09/10/2005 7:03:42 AM PDT by dljordan
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To: Brian Mosely

This is really disgusting. I am not sure who I can email about this and make some noise, but I will certainly put in some time doing so.


30 posted on 09/10/2005 7:04:51 AM PDT by MarMema
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To: backhoe

Large numbers of NOPD officers RAN from the street gangs, but in this case, they apparently found a few who were courageous enough to approach this dangerous woman and take her down.

Pathetic.


31 posted on 09/10/2005 7:05:03 AM PDT by savedbygrace ("No Monday morning quarterback has ever led a team to victory" GW Bush)
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To: DuncanWaring
Once disarmed, the govt owns you.

So do the barbarians.

That's what he said. ;-)

32 posted on 09/10/2005 7:06:17 AM PDT by Badray
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To: yatros from flatwater

Does anyone have an unedited video where the gun and how she's holding it is visible?


33 posted on 09/10/2005 7:08:48 AM PDT by mvpel (Michael Pelletier)
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To: Brian Mosely

I can't think of a time when citizens need to be armed more than in a time of civil unrest, whether martial law is declared or not.

These bastards deserve to be left unarmed and on the street themselves to see what it feels like to be at the mercy of thugs in and out of uniform.


34 posted on 09/10/2005 7:08:56 AM PDT by Badray
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To: savedbygrace

Large numbers of NOPD officers RAN from the street gangs, but in this case, they apparently found a few who were courageous enough to approach this dangerous woman and take her down.

Pathetic.
VERY ACERBIC!


35 posted on 09/10/2005 7:10:59 AM PDT by aumrl (the storm had passed....)
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To: Brian Mosely
Anarchy in uniform.
36 posted on 09/10/2005 7:12:14 AM PDT by beltfed308 (Cloth or link. Happiness is a perfect trunion.)
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To: dljordan
dljordan writes:
What is happening is exactly what the "tin-foil-hat" folks have been honking about for years. The JBT's come to your door, kick it in, confiscate your weapons and drag you off to a camp. If you resist, well, all bets are off.

Right out of "The Turner Diaries" - the "gun recovery units"....

Whatever else one might say about Mr. Pierce's book, he was dead-on in that prediction....

- John

37 posted on 09/10/2005 7:13:51 AM PDT by Fishrrman
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To: aumrl

Are you saying the tone of my post is unjustified?


38 posted on 09/10/2005 7:14:02 AM PDT by savedbygrace ("No Monday morning quarterback has ever led a team to victory" GW Bush)
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To: libstripper

I asked in a previous post on this subject if they were giving receipts and tagging guns they confiscated, My thoughts were in the same direction you took.


39 posted on 09/10/2005 7:16:08 AM PDT by sgtbono2002
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To: dljordan
"... kicking in doors on un-damaged houses and confiscating any firearms found in the homes. If there's someone there they give them 15 minutes to pack up... Personally, I think this is turning into a big land grab."

1] As usual, the 'authorities' are running from armed bad guys and disarming those who have not threatened them.
2] I'll promise that there is no paper trail being built and when these weapons wind up being used on a liquor store in Cleveland some clueless bystander from LA will be getting a call from the cops.
3] Whatever legal action may be taken will have to be federal and federal law because louisiana follows civil law and not common (as used in 49 US states) and they'll pretend it is all quite legit.
4] Finally, it SHOULD be a land grab. The feds should declare all of NO permanently gone away and trade the citizens who owned land there a similar chunk of federal land anywhere else. (Lord knows the USG holds a whole bunch of land in a whole bunch of places - mostly not under water.)

40 posted on 09/10/2005 7:18:02 AM PDT by norton
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To: pageonetoo

She was battered too. That guy should be in jail. someone should ask the mayor if that fat guy will be charged.


41 posted on 09/10/2005 7:19:41 AM PDT by fooman (Get real with Kim Jung Mentally Ill about proliferation)
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To: Right Brother
JPFO.org is putting together a project for just this purpose...to educate the public on their rights!

Jews for the Preservation of Firearms Ownership

42 posted on 09/10/2005 7:21:17 AM PDT by 2nd amendment mama ( www.2asisters.org Self defense is a basic human right!)
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To: backhoe

I saw this on Fox News and those Gestapo police must have been trained in Hitler's Germany. It may not have been the best idea for that woman to stay in her house with her own weapon though it was HER HOUSE and those NO Gestapos should be held accountable. Her house Her decision. I'm a NR life member and I said what I said and I meant what I said.


43 posted on 09/10/2005 7:22:19 AM PDT by JOE43270 (JOE43270 America voted and said we are One Nation Under God with Liberty and Justice for All.)
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To: x5452
Was martial law actually invoked?
44 posted on 09/10/2005 7:23:23 AM PDT by pointsal
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To: savedbygrace

NOT AT ALL - fully understandable (Are you saying the tone of my post is unjustified?)


45 posted on 09/10/2005 7:26:54 AM PDT by aumrl (grace= unmerited favor)
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To: aumrl

Thank you. I wanted to make sure I understood you accurately.


46 posted on 09/10/2005 7:27:40 AM PDT by savedbygrace ("No Monday morning quarterback has ever led a team to victory" GW Bush)
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To: dljordan

In any crisis which causes a mass-relocation of people, I can now easily see the police using the NOLA precedent to disarm the evacuees "for the general safety."

So when you do flee from the city for the hills, you will probably be guided through a checkpoint, where your guns will be confiscated.

Once the evacuees are disarmed, they will be turned into defenseless sheep, who are much easier for the govt to manage.

"Leave your car here."
"Get on the bus."
"Only one bag per person please, which fits on your lap."
"March into the stadium."


47 posted on 09/10/2005 7:28:20 AM PDT by Travis McGee (--- www.EnemiesForeignAndDomestic.com ---)
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To: 19th LA Inf

"I pray that some lawyer reading this will get going right away on taking care of Mr. P. Edwin Compass in an appropriate manner."

I join you in your prayers. No good reason the complaint can't be filed on Monday morning 9 am sharp.

This whole situation INFURIATES me. First, the imbeciles running the show down there fail to evacuate the city as their emergency plan calls for. Then, the poor excuse of a police department fails to protect life, limb and property, some "officers" turning to crime themselves, some just going AWOL. NOW they want to take the guns away from the law abiding people who have managed to hold on there on their own.


48 posted on 09/10/2005 7:33:14 AM PDT by jocon307
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To: JOE43270
I saw this on Fox News and those Gestapo police must have been trained in Hitler's Germany. It may not have been the best idea for that woman to stay in her house with her own weapon though it was HER HOUSE and those NO Gestapos should be held accountable. Her house Her decision. I'm a NR life member and I said what I said and I meant what I said.

I agree with you- don't have a problem with a single word of it.

49 posted on 09/10/2005 7:33:54 AM PDT by backhoe
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To: Joe Brower

THis is the state gov't and not the feds, right!


50 posted on 09/10/2005 7:39:22 AM PDT by blackie (Be Well~Be Armed~Be Safe~Molon Labe!)
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