New Orleans Mayor follows Law on Gun Confiscation

AmmoLand ^ | 19 March, 2020 | Dean Weingarten

[marktwain]

Several publications on the Internet have been examining the emergency proclamation of 11 March, and emergency proclamation of 16 March by Mayor LaToya Cantrell, of New Orleans, Louisiana. The claim seems to be that Mayor Cantrell is promoting restrictions on the ownership of guns and/or the exercise of Second Amendment rights.  That claim is not justified by Mayor Cantrell's actions.

What mayor Cantrell did was to follow the law, nothing less, nothing more.

Here is the controversial paragraph in the emergency proclamation issued on 11 March, 2020.

The proclamation of 11 March clearly states: Subject to the provisions of ACT 275 of 2006 (regular session),

The statute which grants emergency powers to the mayor is RS29:727. Paragraph F.(8) is directly quoted in the 11 March proclamation.  RS 29:727 F.(8) From legis.la.gov:

    (8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles.

Mayor Cantrell's office was very careful when they created the proclamation, which simply asserted her power to act under RS 29:727. They knew they were limited on what could be done, because of the reforms put into the law, and because of lawsuits that had been filed after the fiasco of gun confiscation during Hurricane Katrina.

Representative Steve Scalise, who is now the Minority Whip in the U.S. House of Representatives, was instrumental in passing the reform in Louisiana in 2006. The reform is known as ACT 275. It limits seizures of firearms from citizens during a state of emergency. From legis.state.la.us: 

ACT 275 (HB 760 Scalise) – Prohibits the seizure of firearms from law-abiding citizens during a state of emergency. Allows law enforcement officers to disarm someone when the officer reasonably believes it is necessary for the protection

[marktwain]

Mayor LaToy Cantrell is getting a bad rap. Her administration has been careful to follow the law and not to threaten anyone's Second Amendment rights.

In this, she is an exception to many Democrat big city mayors.

[PGalt]

Needed: A well-disciplined militia needed to get together with OUR sons and daughters, nieces and nephews...in other words OUR armed forces in case SHTF by POLITICOS & PROPAGANDISTS foreign and domestic. Just in case.

https://www.youtube.com/watch?v=OFPigJiISCc

Thanks Chief.

[PGalt]

“I was only following orders” Nuremberg?

[American in Israel]

Indeed, the guards in the Nazi death camps were also following the law. Strangely shall not infringe is also a law in the land. She chose her law so that choice is what she shall be judged by.

[faithhopecharity]

peaceful people who have never done it before are now packing heat and/or good knives, just to deal with threats like this illegal new “law”

it is a most regrettable and highly VOLATILE situation, as some good officers of “the law” are going to get their brains blown out if they actually were to try stealing any American’s property

[faithhopecharity]

just like Nazi germany in the 1930’s

[vikingd00d]

Yeah, she’s not SEIZING firearms, but SCOTUS has already ruled that the 2A includes the right to BEAR arms. This declaration says you aren’t allowed to carry anywhere which is clearly unconstitutional.

[rktman]

The one sore spot to me is the big IF. Does the LEO’s call get scrutinized as to when confiscation is necessary? If no arrest is made then was/is it simply a matter of retaining the weapon temporarily until the incident is sorted out? We all know that different folks see things differently.

[ealgeone]

I didn’t realize local law trumped the Constitution. When did this happen??

[Uncle Sham]

"I didn’t realize local law trumped the Constitution. When did this happen??"

No kidding.

[Charles Martel]

Since Latoya's edict ends at the parish line, I'm wondering whether the halting of firearm sales really amounts to anything. Are there still FFLs with storefronts in Orleans Parish? Seriously, the last one I can recall was a law-enforcement-only "security supply" type place, where you had to hold a badge up to the CCTV camera to get buzzed in.

Most of the FFLs moved to surrounding parishes twenty or more years ago, and I doubt that parish leaders there would be comfortable following Latoya's lead on this.

[PGalt]

http://bastiat.org/en/the_law.html

[sport]

When we lost Constitutional Government. Now the Constitution is used only to control the serfs. As evidenced by the conduct of Hillary Clinton, James Comey,etal. do as they please without fear of repercussion. When the authorities enacted and allowed secret courts to be established. It did not happen in one fell swoop, but happened in drips, but they were steady drips. Allowing an unqualified individual to occupy the white House for 8 years, forcing Citizens to purchase health insurance under penalty of law, ect. Until it is where we are today. And every step of the way, in one case or the other, the sheep cheered. Some were in favor of this and some were for that. That is how it happened. It is difficult to pinpoint the when, but one can see the how.

[trisham]

I didn’t realize local law trumped the Constitution. When did this happen??

***

It didn't, but the Left will take any opportunity to seize more power.

[antidemoncrat]

Gee, where in the proclamation did it mention confiscation?

[marktwain]

This declaration says you aren’t allowed to carry anywhere which is clearly unconstitutional.

No, the declaration does not say that. Read the article.

[marktwain]

Gee, where in the proclamation did it mention confiscation?

Exactly. It did not.

Nor did her proclamation on 16 March have anything to do with firearms, at all.

[vikingd00d]

>>No, the declaration does not say that. Read the article.

From the article: "(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles."

[wardaddy]

Very few gun shops in orleans parish which is 100% very urban concentrate

Most are in surrounding parishes

[Oatka]

From the Arizona Citizen’s Defense League email this a.m.:

“Emergency Declarations & Firearms Confiscations

With the Chinese Corona virus panic, there are social media rumors flying around about emergencies being declared in Arizona so that firearms can be confiscated.

Thanks to AzCDL’s legislative efforts that issue was addressed years ago. Neither the state nor any county, city, etc. can grab your guns by declaring an emergency. Back in 2007, AzCDL was instrumental in the passage of a Senate bill that added a new section to the statutes regarding emergency powers. ARS 26-303.J states that:

Pursuant to the second amendment of the United States Constitution and article II, section 26, Constitution of Arizona, and notwithstanding any other law, the emergency powers of the governor, the adjutant general or any other official or person shall not be construed to allow the imposition of additional restrictions on the lawful possession, transfer, sale, transportation, carrying, storage, display or use of firearms or ammunition or firearms or ammunition components.”