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.
My guess is that a suit will need to be filed for compensation instead. I think the corrupt Mayor of corrupt NOLA said they are bankrupt, so it won't get far. Suffice to say while this is a very worthy cause, all it may result in is setting a precedent. Hopefully that will be enough to stop such idiocy in the future.
You hide it and you lie.
You say you sold it, loaned it, lost it, broke it, threw it away, etc.
Where to hide your weapons?
The time to figure that out is before disaster strikes.
But you raise an excellent question.
If the person bought the firearm at a dealer or ever pawned it then there is a completed Form 4473 that the dealer has to retain for 20 years. I used to make copies for customers that lost or had firearms stolen all the time.
Good work by all of the other groups who brought this suit.
4473 is a great tool yes - but how many transactions happen without it - especially in states with relaxed rules ?
Greetings from hurricane alley. (Can't believe I still have power.) Me and my son have collected a handful of junk guns that we bought from different people. We have those in an easy to find spot. I agree, buy some giveaways. Seems a pretty simple solution to me.
Most people in that situation will not shoot if it means the death of their families. Shucks, to shoot would at least have meant certain death. This will stop most people.
Thats one of the reasons for forming a 311 neighbohood orginazation
10 U.S.C. § 311. Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard. (b) The classes of the militia are— (1) the organized militia, which consists of the National Guard and the Naval Militia; and (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
There are lies and there are less than full truths.
I could say, "Sorry, but I loaned it to my cousin." You could say, "I lost it." or "I couldn't find it." (All of which could be true some time in the past.)
You don't say anything about your cousin ever giving it back. Just make sure that sometime in the past you actually had loaned it to your cousin.
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."
This quote supports what one Freeper said here a few days ago about the confiscation. He or she reported that the order was quietly and quickly rescinded due to tremendous private presssure brought on Nagin, et al.
The denial that they ever issued such an order makes it look like they're running for deep cover as fast as they can. It also means the NRA is likely to be able to force them to agree to a consent decree forbidding such action in the future. After all, if they say they never did it when there's video evidence that they did, they've got to stop digging the hole deeper for themselves. Agreeing to a consent decree is the way to do that.
GO NRA!!!
You're right. When faced with an abomination like that the best thing to do is be armed with a video camera, record the entire "special aktion" by the Einsatz group, state clearly you are not consenting to the operation but are acquiescing to overwhelming force, ask for the authority by which they are performing the confiscation, state you will take whatever legal action is available against them individually and whoever gave the order, demand the identity of the individuals involved, take pictures of al the firearms that are stolen, and demand a signed receipt for all of them. Then, when it's over, contact the NRA and provide them a copy of the tape.
A credible threat of serious legal action like this might even cause the leader of the group to call off the assault on your home.
If members of the NOPD haven't already made off with them.
Good thing Zainey is BRAINY. Or at least has enough common-sense and legal acumen to see that these law-abiding citizens Constitutional rights were being violated.
Now to take the corrupt, inept, demonRAT dolts who ordered the confiscations (and some of the idiots that carried out the illegal orders) to court, and slap their asses in prison.
Unfortunately, if they didn't get receipts (which I doubt they did), I don't believe there will be any "immediate relief", especially considering the corrupt and inept PO-lice force there in NO.
I would bet that most of the confiscated guns are now either stolen property in some corrupt NO cop's or politician's house, or are ruined due to mishandling and/or poor storage.
This is why it is so important to prevent a gun registration scheme such as exists in England, Australia, most of Europe, and which the liberals have been trying to implement in Canada.
Under those schemes, all of the above would be illegal acts, punishable under law. You can't loan the guns, and if you "lose" one you must immediately report it to the police.
In addition, the guns *must* be locked up in a secure safe when not in actual use.
This is why gun registration is effectively gun confiscation.
Hmmmmm....so they responded to the complaint by avering that they didn't order the confiscation????
That means they asserted under oath that they did not order the confiscation.
Seems to me that they could be removed from their offices based on perjured filings in court...hell, they are on record on national TV ordering confiscations.
Any FReepers with standing (live in the parishes "served" by these scum) feel like filing formal complaints with their immediate supervisors all the way up to the Attorney General of the state?
Thank G-D for the NRA. Everyone who owns a gun should be a member. If it wasn't for them we would be defending our home with sharpened sticks.
And you will just hand yours over and now you and your family get to face looters without any protection?
Well?
Obviously it is critically important to elect local representatives that are firmly committed to all individual rights...not just the ones the Dims; ACLU and the their ilk are committed to protecting...
oops...now I see your plan...which will still get you arrested later for obstructing, illegal possession etc... and wind up costing you a boatload of attorney's fees...again, better to elect the proper persons....my apologies
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