Posted on 09/24/2005 10:40:54 AM PDT by Tolerance Sucks Rocks
Other than a provision for suspension of habeas corpus in both the US and LA constitutions, there are no such provisions for suspension of Constitutional rights. BTW, the right is not *granted* by either constitution, it's protected by them, as you can see by the wording
"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 of the United States
As you can see, in both cases the right is assumed to be preexisting, and the state (Meaning the government) is enjoined from infringing or abridging that right.
LA law does provide for suspension of all sorts of rights, given a declaration of emergency. But what good is a Constitutionally protected right, if a mere executive action can negate it.
Considering it was Federal Court, it's unlikely to be a LA statute, or even the RKBA provision of the LA constitution, which is slightly clearer than the second amendment, stating the right belongs to "each citizen", rather than "the people"
Interestingly, the second amendment (like the whole bill of rights) only applies to the Federal Government. Some of the Bill of Rights has been 'incorporated' into the 14th amendment against the states. But that was just left-wing judicial activism expanding federal judicial power over the States. A proper interpretation of the Constitution would allow the states to do pretty much whatever they want vis-a-vis firearms.
What about the fact that there was nothing even remotely resembling due process of law, since the police chief had no authority to issue blanket seizures of anything? If the police chief had declared that nobody except the police were allowed to have toaster ovens, and that all toaster ovens were to be confiscated until further notice, that would have been no more legitimate than the gun seizure order he gave.
I'm sure he thought he had the authority, as LA law allows for restrictions on weapons possession under a state of emergency.
So he probably had some statutory authority, but no Constitutional (LA constitution) authority to do what he did. In fact he has a Constitutional (again LA Constitution) prohibition against it
But you are probably right, it would be a fifth amendment due process violation as well as fourth amendment unreasonable search and seizure violation. Until we see the brief and the order and justification for it, if any was given, we won't know.
Preferably one laser cut into a 2 X 4,, or engraved onto a large crowbar.
Louisiana laws allows for much infringement and abridgment of the RKBA during a State Of Emergency. However the constitutions of the US and LA make no such exceptions, AFAIK. I know the US Constitution does not.
It's pretty well settled that any law in contravention to the Constitution of the state in question, or of the Federal Constitution is not a law at all, no one is obliged to obey such as fax "law", nor is any court allowed to enforce it.
It's not true that the all the circuit courts do not recognize an individual RKBA. The fifth circuit does, and it just so happens that the fifth circuit, and the Federal District Court for Southern Louisiana which is in the Fifth Circuit, are headquartered in New Orleans, although temporarily operating out of other locations. That's gonna end up being kind of hard on Hizzoner the Mayor, the Police Commish, the Chief of Police and possibly the Guvn'r. It's already beginning to be.
This is just a temporary injunction, AFAIK, and so is just a beginning. A good one, but still just a beginning.
True, but there hasn't been any ruling on an anti RKBA law where the second amendment was invoked, since the late 1930s. Lots of them passed since then of course. The action has been in the lower courts, including the Circuit Courts of Appeals.
The Supreme Court has been loathe in the extreme to take a Second Amendment case. The last time, they got off easy, there was no representation for one party to the case, and it wasn't the government side. That won't happen again, should they take such a case.
I agree. And you can count on the BANGLIST to be on top of it!
I would take issue with the notion that the LA constitution allowed for suspension of constitutionally protected rights by a mere executive declaration of a "State of Emergency", not even the right of habeas corpus, even though that right can be suspended under the federal Constitution. At least I could not find such a provision. Yes, there is a law that allows for that, but a state statute cannot override the Constitution of the state or the US Constitution.
State Constitutions are not in general simple elegant documents like the federal Constitution, so searching through them is not so easy, perhaps you can find such a provision in the LA Constitution
free dixie,sw
the old lady video
http://www.freerepublic.com/focus/f-news/1481673/posts?page=11#11
You need to head on down an get some of the good pieces they grabbed before they "Disappear"!
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The U.S. District Court for the Eastern District of Louisiana this afternoon issued a temporary restraining order on behalf of the Second Amendment Foundation (SAF) and National Rifle Association (NRA), bringing an end to firearm seizures from citizens living in and around New Orleans.District Judge Jay Zainey issued the restraining order against all parties named in a lawsuit filed Thursday by SAF and NRA. Defendants in the lawsuit include New Orleans Mayor Ray Nagin and Police Chief Edwin Compass III.
“This is a great victory, not just for the NRA and SAF, but primarily for law-abiding gun owners everywhere,” said SAF founder Alan M. Gottlieb. “We are proud to have joined forces with the NRA to put an end to what has amounted to a warrantless gun grab by authorities in New Orleans and surrounding jurisdictions.
“Over the past three weeks,” he continued, “residents who had lost virtually everything in the devastation following Hurricane Katrina had also essentially been stripped of something even more precious, their civil rights, and their right of self-defense, because of these gun seizures.
Great news!
Thank you!
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