THE RIGHT TO BEAR ARMS New Orleans police can't disarm evacuees - orders weapons returned

Houston Chronicle ^ | September 24, 2005 | Bill Walsh

[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.

[OXENinFLA]

Some good news on the NOLA gun-grab.

[Happy2BMe]

Thanks for the ping.

Damage was done.

Dunno how much yet.

[Happy2BMe]

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."

[ctdonath2]

N.O. homeowner: "From my cold dead hands!"
CHiP: "Your terms are acceptable."

[ctdonath2]

The 9th circuit court of appeals has ruled that the 2nd amendment does not guarantee an individual right to keep and bear arms.

The 5th circuit court of appeals has ruled the opposite.

The trick now is finding a case that pits one against the other in an "equal protection" issue and force SCOTUS to rule once and for all. (Considering recent moronic SCOTUS rulings, that may not be a great idea.)

[ctdonath2]

The gov't did the same thing about 225 years ago.
A few years later, it wasn't the gov't here anymore.

[Happy2BMe]

THE RIGHT TO BEAR ARMS New Orleans police can't disarm evacuees - orders weapons returned

[ctdonath2]

The value is embodied in the concept of "dying for your country": you may very well not survive the encounter, but those opponents who do survive will reconsider ever getting into the same situation again. Waco is a perfect example: the ATF/FBI/etc. technically won the encounter, and the Davidians lost bigtime, but the former never tried that $#!^ again.

Two words: Phyrric victory.

[absolootezer0]

you'd let your enfield go? ack, that'd be one of my last ones to go. enfields are one of the best bolt action battle rifles ever made. definately the fastest, and most forgiving. the way the enfield is set up, it'll take any junk ammo you put thru it.

[CDHart]

I don't think it's a good idea to be so specific about your layout. People who know computers could probably trace you and find you, if they wanted to.

Carolyn

[ZULU]

Rationality prevails at last - at least for the moment.

If New Orleans officials were denying a person's right to vote the Feds would have intervened immediately.

But the Administration sat on its hands while these Democraps violated the Second Amendment until the NRA defended the COnstitutional rights of New Orleans citizens.

Politicians are a craven lot and grow increasingly more craven with each election.

Where, pray, was Alberto Gonzales and his group of Federal Attorneys here? They are never wanting when it comes to defending rights of illegal invaders.

[Travis McGee]

And I'm sure some will choose to "go down in a blaze of glory," but it ain't my style. I'd hand over a rusty .38, and watch them leave. Depending on the given scenario, I might respond with a lawsuit, or much more.

[Travis McGee]

Yep, that might have been the most instructive part of this story: federal inaction.

Gun confiscation didn't bother them one tiny bit.

[PeteB570]

I have many more than one. I love the Enfields bolt stroke and there is just something about shooting British .303.

They all work along with all the others. Anything I sit on a porch with will be in working order and able to hit somebody down at the end of the block with no problem.

I would probably start off with the Italian stuff.

As stated before in this thread, I have scanners and an organized neighborhood. I do not anticipate any problems with our local LEOs. And in an emergency our street will not give them any reason to hang around.

[Prime Choice]

The gov't did the same thing about 225 years ago. A few years later, it wasn't the gov't here anymore.

And for those who haven't been paying attention, the government did as much in 1994 in Waco, Texas. And lo...that same government is still here.

[ctdonath2]

In 1776 it didn't back off.
In 1994 it did.

[Triple]

Source: www.fbi.gov

---

Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.

Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

---

Lets see some convictions, now. If the police in NO are not indicted then the feds are complict in the crime, and in dereliction of duty to enforce the law.

[Grampa Dave]

Compass was/is a lying worthless piece of PC blovation.

[2nd_Amendment_Defender]

"No one will be able to be armed..." he says. Of course the cops get special rights. One law for the Lords and another for the peasants.

I wonder if anyone who had their guns taken will get them back. I hope they at least get enough money to replace them.