Skip to comments.Legally owned firearms won't be siezed during emergency in New Orleans
Posted on 06/15/2006 12:12:50 PM PDT by girlangler
It's not been a bad week for the pro-firearms side of the ideological battle for America.
On Monday, a California judge struck down San Francisco's ban on handgun possession by city residents. Proposition H was struck down after Superior Court Judge James Warren found that this latest attempt at handgun banning in San Franciso exceeded the powers of the local government; intruding into areas of law that were the sole purview of the State of California.
Hence, Proposition H was tossed. Still no word on an appeal, but having had the same type of law struck down twice since the 1980s, even San Francisco's city officials must be figuring out the futility of trying to end-run state law.
And today, we're offering Louisiana Governor Kathleen Blanco her "props" for signing into law legislation that assures the citizens of New Orleans - and the rest of Louisiana - that their legally-owned and possessed firearms won't be seized in a natural disaster or emergency.
The new state law, which took effect immediately upon receiving Governor Blanco's signature yesterday, makes it clear that emergency powers granted to the governor and local officials "do not authorize the seizure or confiscation of a firearm, weapon, or ammunition from any individual if the firearm, weapon or ammunition is being possessed or used lawfully." The statute does allow an officer to temporarily disarm an individual under some circumstances, but the officer is required to return the firearm to that person before they part ways.
A version of the final was passed through the State Senate on April 11 of this year, after receiving the support of the National Rifle Association. It was then reconciled with similar proposals in the House and then combined into the eventual bill which was accepted by both houses and passed on to Governor Blanco.
The bill would most likely never have been introduced had the National Rifle Association and the Second Amendment Foundation not filed suit against the city of New Orleans for seizures of firearms following Hurricane Katrina.
Initially, city officials denied having seized firearms, only to recant that statement and admit that they had, in fact, taken "several hundred" firearms from law-abiding citizens during the emergency.
This latest Louisiana legislation joins recently approved legislation that gives homeowners additional protections from assaults under what has been called "castle doctrine" across the country. Today. 40 states have some version of "Castle Doctrine" affording protection to citizens who protect themselves when they fear for their lives.
These two pieces of common-sense legislation, however, don't stop the lampooning Louisiana State Police officials have received for their recent comments concerning a spike in concealed carry permit applications.
The number of people applying for concealed handgun permits has been on the rise since Hurricane Katrina struck southeast Louisiana, but LSP officials were quoted as saying they "aren't sure why."
Officials had said it might be attributable to either a backlog of applications or to local crime increases.
The state police said applications for concealed carry permits feel 15 percent in September of last year, but has grown 34 percent through April of this year.
As one commentator wryly observed, those dates would roughly coincide with the arrival of Hurricane Katrina, the evacuation and pillage of New Orleans, and the gradual return of citizens to their homes - with the realization that in times of dire emergency, government officials and law enforcement would simply not be capable of protecting the people and their property.
Today, however, it's time to give Governor Blanco credit for recognizing the will of the people and the rule of law and seeing both protected.
We'll keep you posted.
--- Jim Shepherd
This is an interesting turn of phrase.
The troopers are kidding, right?
You know, you'd think in the almost 230 years of our nation's history there'd have been some sort of Constitutional Amendment permitting Citizens' possession of... oh wait.
But how do you prove they are legal?
If bought before 1968,
If bought from a local citizen,
If bought from a person standing outside a gun show?
If you trade one for another one?,
If you don't have your "paperwork" in order?
If you are on a trip and all proofs are a thousand miles away?
"Initially, city officials denied having seized firearms, only to recant that statement and admit that they had, in fact, taken "several hundred" firearms from law-abiding citizens during the emergency. "
Ok so they lied to the citizens they work for.
Was going to ping you on this one.
It's crazy here. Getting some articles out before me and two other women take five kids on a four day fishing trip. I can't wait.
Thank God for the NRA huh?
Thank the NRA for this one, at least this is one piece of legislation that hasn't been screwed up.
Supposedly the weapons seized are to be returned; however, police are requiring that you have to show proof that the handgun is indeed yours. Now, how are you supposed to do that when chances are you're talking about someone whose house was flooded?
To be on the safe side, when an emergency strikes again, I'd recommend carrying your bill of sale along with your CHP -- don't give NOPD any breathing room for personal interpretation.
I heard on the news the other day soemthing about NO police officers getting busted for robbing something.
I tell ya, I wouldn't trust them to protect me. They are bigger crooks than the crooks they police.
"Today, however, it's time to give Governor Blanco credit for recognizing the will of the people and the rule of law and seeing both protected."
They took the guns without cause, in other words without legal reason. In other words contrary to the constitution Then they passed a law saying that they won't do what they did because NOW it's "against the law" to do so?
What flaming jack-ass is buying any of this?
Four Million NRA members doing what seventy six gun owners are too lazy to do.
yep, two officers were arrested for basically shaking down a "message therapist" or something like that. I'm sure this wasn't a one time thing, there were probably others.
I've always considered NOPD just another armed gang, the worst in fact since you can't protect yourself from them like you can any other criminal.
Theres a great billboard by the Superdome for the local Cadillac dealership, it says "New Orleans finest drive Sewell" A not so subtle jab at the fact that numerous cadillacs were "inappropriately commandeered" during the hurricane, some were recovered in Houston by ex-officers who went AWOL.
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