New Orleans Gun Confiscation is Blatantly Illegal

The Volokh Conspiracy ^ | 9/9/05 | David Kopel

[Kokojmudd]

This is a land/gun grab.

[Modok]

Governor Brad Henry of Oklahoma needs to hear about the use of the National Guard from his state ASAP. Please contact him at the site below.

http://www.governor.state.ok.us/message.php

[BlackbirdSST]

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.

Welcome to the dark side, Emmett. We've kept the light on for ya! Blackbird.

[dimquest]

VeritatisSplendor wrote:

Apparently wealthy people and business owners are being allowed to hire armed security guards to protect their property in N.O., according to my local paper.

---

According to the article, State law sanctions licensed guards :

Section 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.


Thus, if we become 'licensed' we can exercise our right to bear arms. Whatta crock.

[NonValueAdded]

Ping to #62, would be better coming from a constituent.

[Modok]

Thanks, but I would say - fill his inbox up!!!

[Beagle8U]

"Holdouts to Be Removed From New Orleans -- "They shot our dogs!" Miller, a 54-year-old housewife, said --
http://www.freerepublic.com/focus/f-news/1481470/posts?page=247#247
-- at least in St. Bernard Parish, police are now shooting people's animals right in front of them, if the people will not evacuate."

Anyone that shot one of my dawgs would be one dead "mo-fo"in short order.

Where I come from, you don't mess with a mans woman or his dawg. ( not necessarily in that order)

[backhoe]

Anyone that shot one of my dawgs would be one dead "mo-fo"in short order. Where I come from, you don't mess with a mans woman or his dawg. ( not necessarily in that order)

I'd take my dog over some people any day of the week.

[texasbluebell]

What's happening in LA in the wake of the hurricane and the flooding is even more ominous for the future of this free Republic than anything mother nature could ever have devised.

[texasbluebell]

bttt

[Happy2BMe]

Firearms, the Constitution, and Katrina - pings . .

=========================================

"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.

[Happy2BMe]

Holdouts to Be Removed From New Orleans

[brazzaville]

Good morning.
"Personally, I think this is turning into a big land grab."

Katrina has given TPTB in LA a perfect opportunity to get rid of the city's underclass. The refugees have been dumped on local economies around the nation and few will return.

I can see the bulldozers leveling much of the flooded areas and a much smaller city being built on the higher ground. The tourist attractions will be preserved, of course, and protected from future flooding, but I wouldn't be surprised to see the lower parts of the city turned into a "wetland" World Heritage site.

Remember when bill clinton was President, many of us feared that FEMA would be the tool the statists would use to steal our guns and our property?

Michael Frazier

[dimquest]

Turns out there is a 'legal' way to have the right to bear arms & protect your property in the 'great state' of Louisiana.


La. Stat., title 14, § 329.6. It provides:

Section 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.

---

Thus the solution is outlined.

Form a neighborhood 'private security firm'. Get everyone in the families involved licensed, provide them with a uniform and their papers, and get the list to authorities at the state board; --- then enjoy your right to life, liberty or property in New Orleans.

[Eastbound]

Thanks for the info, Brian.

There is a silver lining in this cloud.

The gummint tipped its hand for all to see in a back-alley card game.

Now it will never be able to win the gun grab nationally under any circumstances.

At ease, folks. The big bluffer just lost his shirt but doesn't know it yet.

Heh.

[pepsionice]

During emergencies...the constitution is the first thing to be thrown out the front door. You can review various parts of the 9-11 episode and still see constitutional violations today.

[dljordan]

" Remember when bill clinton was President, many of us feared that FEMA would be the tool the statists would use to steal our guns and our property?"

FEMA was set up by executive order by a previous president (I don't remember who) and some people say this was un-constitutional. It looks like the tin-foilers may have been right.

[spunkets]

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

Not Gonzales, you can be sure of that.

[brazzaville]

Good morning.
"March into the stadium."

But first, please march into the showers. Sanitation, you know.

Michael Frazier

[Jason_b]

"JPFO.org is putting together a project for just this purpose...to educate the public on their rights!"

What we have now is a lot of people knowing their rights and no one doing anything to protect them.

We really are too nice a people, we put up with so much outrage and just take it. I wonder when the first citizen will kill a gun confiscating LEO and if we would ever know it happened. Probably would if the practice spread, it could turn into a mini war. I'm not hoping for this by the way; I hope it doesn't happen.

Here's a an interesting hypothetical, if battles did break out between people fed up with the gun confiscation, and the feds, would the feds know to back down and go away? Or would they have to show who's the boss ala waco? And if they did the latter, how does that bode for the rest of us? How long would it take before our own people in N.O. are termed insurgents and terrorists because they don't want to leave their property or be disarmed? Is it our government anymore if that were to happen?