LEO and NG Charged?

LEO and NG Charged?

This is a discussion on LEO and NG Charged? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; I just finished watching the video by the NRA about the gun confiscation in New Orleans after Katrina. The video clearly shows LEO confiscating weapons. ...

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Thread: LEO and NG Charged?

  1. #1
    Member Array jg45's Avatar
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    LEO and NG Charged?

    I just finished watching the video by the NRA about the gun confiscation in New Orleans after Katrina. The video clearly shows LEO confiscating weapons. I got to thinking (usually a bad thing), as the order to confiscate the weapons was deemed unlawful and the Mayor admitted as much, have charges been brought against the LEO and National Guard soldiers that illegally entered homes and confiscated private property? From the video, I see charges of assault, assault, with a deadly weapon, kidnapping, illegal detention, theft, robbery, etc. I mean if charges are brought against a SEAL because a suspected terrorist received a bloody nose while in his charge, then there should be repurcussions for this. The "must obey orders" doesn't hold up.


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    Member Array Bandolero's Avatar
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    The Louisiana statute at the time (in 2005) stated the following:

    329.6. Proclamation of state of emergency; conditions therefor; effect thereof

    A. During times of great public crisis, disaster, rioting, catastrophe, or similar public emergency within the territorial limits of any municipality or parish, or in the event of reasonable apprehension of immediate danger thereof, and upon a finding that the public safety is imperiled thereby, the chief executive officer of any political subdivision or the district judge, district attorney, or the sheriff of any parish of this state, or the public safety director of a municipality, may request the governor to proclaim a state of emergency within any part or all of the territorial limits of such local government. Following such proclamation by the governor, and during the continuance of such state of emergency, the chief law enforcement officer of the political subdivision affected by the proclamation may, in order to protect life and property and to bring the emergency situation under control, promulgate orders affecting any part or all of the territorial limits of the municipality or parish:


    (6) Regulating and controlling the possession, storage, display, sale, transport and use of firearms, other dangerous weapons and ammunition;
    No officers are going to be found to be criminally liable for following orders to confiscate firearms under such a statute's existence.

    Post-Katrina (in June 2006) the law had to be modified to include:

    H.(1) Nothing in this Section shall authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition except as provided in Paragraph (2) of this Subsection.

    (2) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual. The peace officer shall return the firearm to the individual before discharging that individual unless the officer arrests that individual for engaging in criminal activity, or seizes the firearm as evidence pursuant to an investigation for the commission of a crime.

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    Member Array jg45's Avatar
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    NRA v. New Orleans (Louisiana). In the wake of hurricane Katrina, police in New Orleans and St. Tammany Parish confiscated firearms from law-abiding citizens. A law suit was filed in U.S. District Court. The court granted a temporary restraining order. St. Tammany Parish and its law enforcement personnel have conceded the legal claims, though denying their involvement. St. Tammany Parish defendants agreed to a permanent injunction against any future gun seizures and a Consent Decree was issued dismissing them from the case. The court issued a permanent injunction against the confiscation and retention of firearms on January 5, 2006. St. Tammany Parish defendants agreed to a permanent injunction against any future gun seizures and a consent decree was issued dismissing them from the case. The New Orleans defendants filed a motion to dismiss for lack of federal subject matter jurisdiction and failure to state a claim. The plaintiffs filed an opposition to the motion. Plaintiffs also filed on February 27, 2006, a motion for contempt against the City of New Orleans, the mayor and the acting chief of police for failure to comply with a temporary restraining order, handed down September 12, 2005, ordering an end to all illegal gun confiscations. A hearing occurred on March 15, 2006. The city started returning firearms on April 17, 2006. The city filed a motion to dismiss the lawsuit. The court denied the motion on August 16, 2006. On February 12, 2007, the judge held the defendant in contempt for failure to provide to plaintiff initial disclosures and discovery responses.
    Seems New Orleans did deliberately disobeyed the temporary restraining order by a District Judge. Think the judge granted the request for a restraining order because he thought what they were doing was legal?

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    Member Array Bandolero's Avatar
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    Anybody been prosecuted with almost 5-years gone by?

    That was the bottom line question in the original post.

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    Member Array jg45's Avatar
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    I guess not.

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    Distinguished Member Array tangoseal's Avatar
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    Btw you Bill O'reilly supporters out there .... he in an interview a few weeks ago admitted to openly supporting confiscation of firearms and weapons during a national emergency state.
    "I believe that the right of the citizen to keep and bear arms must not be infringed if liberty in America is to survive." - Ronald Reagan

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