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NRA files suit to stop firearms seizures in New Orleans
NRA-ILA ^ | September 22, 2005 | NRA-ILA

Posted on 09/22/2005 8:14:14 PM PDT by Hat-Trick

NRA FILES SUIT TO STOP FIREARM SEIZURES IN NEW ORLEANS

Thursday, September 22, 2005

(Fairfax, VA) - Today, the National Rifle Association (NRA) filed a motion in United States District Court for the Eastern District of Louisiana seeking a temporary restraining order to block authorities from confiscating law-abiding citizens’ firearms in the aftermath of Hurricane Katrina.

“New Orleans is the first city in the United States to forcibly disarm peaceable law-abiding citizens and it must be the last. Victims are dealing with a complete breakdown of government. At a time when 911 is non-operational and law enforcement cannot respond immediately to calls for help, people have only the Second Amendment to protect themselves, their loved ones and their property,” said NRA Executive Vice President Wayne LaPierre.

“The NRA stands with law-abiding Americans, who agree that at their most vulnerable moment, their right to defend themselves and their families should not be taken away,” said Chris W. Cox, NRA’s chief lobbyist.

According to The New York Times, the New Orleans superintendent of police directed that no civilians in New Orleans will be allowed to have guns and that “only law enforcement are allowed to have weapons.” ABC News quoted New Orleans’ deputy police chief, saying, “No one will be able to be armed. We are going to take all the weapons.”

“The NRA is determined to stop this blatant abuse of power by local politicians. It is disgraceful that any government official would further endanger the lives of innocent victims by issuing this ridiculous order. We are very grateful to the many rank and file police officers who have come forward and assisted NRA in exposing these violations of constitutional freedoms. We are also pleased that the Second Amendment Foundation is joining us in this effort,” added Cox.

“The actions of the New Orleans government have destroyed the one levee that stands between law-abiding citizens and anarchy - the Right to Keep and Bear Arms. The NRA will not rest until this injustice is resolved,” concluded LaPierre.


TOPICS: Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; US: Louisiana
KEYWORDS: 2ndamendment; bang; banglist; daylatedollarshort; katrina; lawsuit; neworleans; nola; nra; nraila
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To: Hat-Trick
It's about darn time.

I agree, it's a week later than it should be. But, better late than never. Much better!

Of course y'all relize that since it was filed in Federal Court, this sets up an eventual determination of the meaning of the second amendment. Does it protect some power of the states, or a right of individual members of the group known as "the people". We know the answer of course. So apparently so does the Fifth Circuit, should the case come to them because the Eastern District (LA) court denies the motion.

21 posted on 09/22/2005 9:56:11 PM PDT by El Gato
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To: jonrick46
The lawsuit will be won by the NRA. CACHINK! The cost will be born by the taxpayers.

Probably, but not necessarily. Federal law allows for both criminal charges and civil damages against individuals who abuse their power to deny constitutionally guaranteed rights.

22 posted on 09/22/2005 9:59:09 PM PDT by El Gato
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To: Hat-Trick
I would advise anyone that has credit card debt to apply for a National Rifle Association credit card with First National Bank in Omaha. A portion of the credit card interest rate goes to fund the National Rifle Association.

We can use our debt to help fund what is left of our freedom.

If you are interested give this number a call and ask about obtaining a credit card that helps fund the National Rifle Asscociation.

1-800-444-6220



23 posted on 09/22/2005 10:06:31 PM PDT by 2nd_Amendment_Defender ("It is when people forget God that tyrants forge their chains." -- Patrick Henry)
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To: MarMema
It is most certainly about time!

Hope it's not too late. If the practice has stopped the case might be moot, other than recovery of firearms and/or monetary damages for those who had their lawfully owned firearms confiscated. But even to do that much, the court will have to recognize that the action was unlawful. They don't have to say it was unlawful under the second amendment. They could rule it an unlawful taking under the fourth and fifth amendment without addressing the second amendment.

It would be very interesting to see the filing by the individuals, the NRA and the SOF. Even though it probably lessons the chances of initial success at getting an injunction, I hope they are arguing only on second amendment grounds. A nice clean case, involving non criminals. If bad cases make bad law, good cases can make good law.

24 posted on 09/22/2005 10:09:16 PM PDT by El Gato
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To: Hat-Trick; PhilDragoo; Happy2BMe; Travis McGee; B4Ranch; Czar; bitt; potlatch; ntnychik; ...
JAMBALAYA    JUSTICE

25 posted on 09/22/2005 10:12:27 PM PDT by devolve (-------------- (--- under deconstruction ---)
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To: Dacus943
I find it hard to believe that given the situation - any Law Enforcement Official would seize firearms from Law Abiding Citizens.

Well they did. One CHP (yes California Highway Patrol) officer tackled an old lady when she showed him, along with a Louisiana State Police officer, her handgun. I do mean showed, she was not holding it by the grip. It was in the palm of her hand, with some of her fingers were around the cylinder. The woman was involuntarily relocated somewhere .

Another video showed a group of homeowners, in an upscale neighborhood, who had several firearms confiscated, and who had their hands fixed behind their backs with plastic ties. They were not held or charged with a crime, but their firearms were confiscated. All this was caught on video. Unless the older lady or one of those homeowners are the person or persons whose case the NRA and SAF are supporting, there was obviously at least one more person whose arms were confiscated by the police and/or the National Guard.

One police from New Orleans did not seem to understand that there was such a thing as a CHL in New Orleans, or more properly in LA, and did not understand about state preemption.

26 posted on 09/22/2005 10:22:41 PM PDT by El Gato
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To: Hat-Trick; Mr. Mojo; devolve
One of the best moves to protect your right to bear arms you will see in your lifetime . .

Today, the National Rifle Association (NRA) filed a motion in United States District Court for the Eastern District of Louisiana seeking a temporary restraining order to block authorities from confiscating law-abiding citizens’ firearms in the aftermath of Hurricane Katrina.

27 posted on 09/22/2005 10:38:04 PM PDT by Happy2BMe (Viva La MIGRA - LONG LIVE THE BORDER PATROL!)
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To: Eastbound
Well, they finally admitted what we've been saying for years. "When guns are outlawed, only outlaws will have guns."

And that comes right out of the Outlaw Superintendent of Police in New Orlean's own mouth.

There was a CNN story tonight (yes, CNN!), rather long, that focused on 8 N.O. cops that holed up on the 10th floor of a hotel there and went on looting rampages at night. They were turned in by the hotel desk clerk (I think that was what they said his job was-- he worked at the hotel). Several days later they drove a busload of looted materials away (stolen public bus, not sure if it was supposed to be a school bus or not). There were also other witnesses to their looting that says they showed up at a non-flooded apartment complex and broke down the doors, looting things like stereos. The camera showed the locks that were broken too, on several apartments. The hotel clerk also pointed out a big generator they left behind-- he said it was looted from a hospital as he watched from the rooftop. Anyway there was a police spokesperson that explained that they were probably just confiscating merchandise that had been looting but that didn't explain the broken locks on so many apartments, etc. Anyway the "Outlaw Superintendent of Police" as you say was one of the police reps that defended them on camera, and he looked like a fool.

28 posted on 09/22/2005 10:55:29 PM PDT by zipper (Freedom Isn't Free)
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To: Eastbound

I just checked the CNN site and they have a link to the story "Cops looting in abandoned city?" on their front page, just scroll down a little and look on the right. I'd post the link but it's a javascript link. I'm going to watch it again now.


29 posted on 09/22/2005 10:58:22 PM PDT by zipper (Freedom Isn't Free)
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To: Hank Rearden

maybe it takes a few days to get ALL the facts lined up--an intelligent party does not file lawsuits in Federal Court for the'hellovit' but must know and have the facts and good lawyers to present them--some freepers are as bad as the 'rats' and expect "instant gratification" from all of our friends--chill out and let the 'rule of law' take its proper course


30 posted on 09/22/2005 11:00:06 PM PDT by cmotormac44
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To: zipper

Thanks for the link and the report, zipper.


31 posted on 09/22/2005 11:08:04 PM PDT by Eastbound
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To: Hat-Trick
"ABC News quoted New Orleans’ deputy police chief, saying, “No one will be able to be armed. We are going to take all the weapons.”

Then a loud cheer erupted from hundreds of looters, burglars, robbers, rapists and killers in New Orleans.

32 posted on 09/22/2005 11:15:53 PM PDT by TheCrusader ("The frenzy of the Mohammedans has devastated the churches of God" -Pope Urban II, 1097AD)
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To: Hat-Trick

NRA Statement:

(Fairfax, VA) - Today, the National Rifle Association (NRA) filed a motion in United States District Court for the Eastern District of Louisiana seeking a temporary restraining order to block authorities from confiscating law-abiding citizens' firearms in the aftermath of Hurricane Katrina.

"New Orleans is the first city in the United States to forcibly disarm peaceable law-abiding citizens and it must be the last. Victims are dealing with a complete breakdown of government. At a time when 911 is non-operational and law enforcement cannot respond immediately to calls for help, people have only the Second Amendment to protect themselves, their loved ones and their property," said NRA Executive Vice President Wayne LaPierre.

"The NRA stands with law-abiding Americans, who agree that at their most vulnerable moment, their right to defend themselves and their families should not be taken away," said Chris W. Cox, NRA's chief lobbyist.

According to The New York Times, the New Orleans superintendent of police directed that no civilians in New Orleans will be allowed to have guns and that "only law enforcement are allowed to have weapons." ABC News quoted New Orleans' deputy police chief, saying, "No one will be able to be armed. We are going to take all the weapons."

"The NRA is determined to stop this blatant abuse of power by local politicians. It is disgraceful that any government official would further endanger the lives of innocent victims by issuing this ridiculous order. We are very grateful to the many rank and file police officers who have come forward and assisted NRA in exposing these violations of constitutional freedoms. We are also pleased that the Second Amendment Foundation is joining us in this effort," added Cox.

"The actions of the New Orleans government have destroyed the one levee that stands between law-abiding citizens and anarchy - the Right to Keep and Bear Arms. The NRA will not rest until this injustice is resolved," concluded LaPierre.


33 posted on 09/22/2005 11:17:59 PM PDT by zipper (Freedom Isn't Free)
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To: cmotormac44

I think you're right on that one. When this problem arose we had one particularly careful Freeper who posted his opinion that more information was necessary before it was possible to determine that this was happening. Then he changed his mind when he saw all the evidence it was happening.

I received an e-mail from the NRA couple of days ago saying they were very concerned about reports that this was happening and were sending a team to NO to investigate and take whatever action was necessary. That included a link where anyone whose rights were violated could report the details of the violation. Thus, it appears the were simply doing a proper job of investigating the charges before they took action. Nothing makes an individual or organization look worse than going off with half baked, unproved allegations and getting caught.


34 posted on 09/23/2005 5:22:02 AM PDT by libstripper
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To: Hat-Trick

Slower than FEMA..Geeeze where have they been, waiting on my membership fee?


35 posted on 09/23/2005 10:49:07 AM PDT by Les_Miserables
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To: libstripper

I read tonite the Nagin (the empty bus king) denies he ever gave any orders to disarm lawful owners and passes the buck to Compass (police super)---this stalwart individual denies any arms were taken from anyone --however, he does not deny he made the cracks (pun intended)about "only the police will have guns"--should be interesting by the time the suit is heard--an injunction has been issued against any taking of legal arms while we wait


36 posted on 09/23/2005 9:36:52 PM PDT by cmotormac44
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