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Groups call arms seizures 'arbitrary'
By Joyce Howard Price
THE WASHINGTON TIMES
September 23, 2005

Two national gun rights groups yesterday joined individual Louisiana gun owners in a federal lawsuit to stop authorities from confiscating firearms from private citizens in the aftermath of Hurricane Katrina.
The National Rifle Association (NRA) and the Second Amendment Foundation (SAF) filed a motion in the U.S. District Court for the Eastern District of Louisiana, seeking a temporary restraining order to halt the seizures of guns from law-abiding citizens. They described the confiscations as "arbitrary," "without warrant or probable cause" and thus "illegal."
New Orleans Police Superintendent P. Edwin Compass III "completely overstepped his bounds ... when he announced two weeks ago in the New York Times that only law-enforcement personnel are allowed to have weapons," Wayne LaPierre, executive vice president of the 3-million member NRA said in an interview yesterday.
The police superintendent's comments were echoed by the city's Deputy Police Chief Warren Riley, who told ABC News: "No one will be able to be armed. We are going to take all the weapons."
SAF founder Alan Gottlieb called the gun seizures "outrageous" and "illegal." He said New Orleans officials have refused to tell gun rights groups why they are now leaving citizens, already devastated by the Category 4 hurricane, "defenseless against lingering bands of looters and thugs."
They "left us with no recourse" but litigation, Mr. Gottlieb said.
Mr. LaPierre noted TV news coverage showing law-enforcement personnel going door-to-door to seize guns from New Orleans-area residents -- an action he said is unprecedented in U.S. history. The NRA official said he's talked to "hundreds of people who are enraged" about the new policy.
Given the lawlessness in New Orleans, residents who remain in the storm-ravaged area there need their guns for protection, said Mr. LaPierre.
"Things are worse at night, and people say their gun is the only source of comfort they have, the one thing they can depend on to save themselves and their families," Mr. LaPierre said, noting that a "third of the New Orleans Police Department walked off their jobs" during the Katrina emergency.
"In fact, the Second Amendment has really been the underpinning for [New Orleans] citizens to stay alive," he said.
Opponents of private gun ownership often say that public safety is their goal, "but in New Orleans, there was a complete collapse of government's ability to protect anyone," Mr. LaPierre said. "Citizens could only count on the looters, robbers and rapists."
Attempts to reach the New Orleans Police Department yesterday about its gun confiscation policy were unsuccessful.
Plaintiffs in the suit against the City of New Orleans are two local gun owners. One, whom Mr. LaPierre identified as Buell Teel, was on a boat rescuing people. "To protect himself, he had a firearm on the boat," which police saw and seized, Mr. LaPierre said.
 

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I Guess there are STILL a few JUDGES who believe....

Well there is some GOOD news, I just got an e-mail alert from the NRA. They (and SAF) filed a federal suit asking for an indefinite injunction against those currently directing the gun confiscations taking place. They got the injunction to cease and desist...AND a directive that all confiscated firearms are to be returned to their lawful owners complete with receipt. Finally. Somebody who gives a DAMN about the US Constitution.
 

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So What Happened To Those Cold Dead Fingers?

This needs to NEVER happen again. :mad:
Every Law Abiding Legal American Gun Owner in Louisiana just let their legally owned guns be pried from their LIVE, WARM, fingers!
Chew on that for a few minutes.
Confiscation was a total Walk In The Park. Don't get me wrong...I don't want to see any LEOs ever get shot at...but, I don't want LEOs to put on their Jack Boots and blindly follow obviously unconstitional orders either.
This issue needs to go to the Highest Court to get ruled on.

No "orders" should ever be given to disarm American Citizens at the exact time that they NEED personal protection for themselves, family, & neighbors the most.
A "confiscation order" given by a "Police Superintendent" to disarm Law Abiding American Citizens should be considered to be EXACTLY equal to treason. Just my opinion on that.

BTW ~ If...it's discovered that any Legally Armed American was killed by a looter AFTER they were forcefully disarmed - then the Police Superintendent should be charged with murder.
 

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Negligent homicide anyway.... He took actions that could reasonably be forseen to cause harm to another.
 

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NRA-ILA Grassroots Alert Vol. 12, No. 38 9/23/05

MAJOR VICTORY FOR FIREARMS OWNERS
AND FREEDOM IN LOUISIANA

On Thursday, 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. Today, we are happy to report, the Court sided with NRA and issued a restraining order to bar further gun confiscations from peaceable, law-abiding victims of Hurricane Katrina in New Orleans.

Federal Judge Jay Zainey granted NRA's motion for an indefinite temporary restraining order and ordered those in power to cease and desist gun seizures. The authorities were also ordered to return guns seized by them or their agents to anyone "...who lawfully possessed them, upon presentation of identification and execution of a receipt therefore."

Commenting on the ruling, NRA Executive Vice President Wayne LaPierre said, "This is a significant victory for freedom and for the victims of Hurricane Katrina. The court's ruling is instant relief for the victims who now have an effective means of defending themselves from the robbers and rapists that seek to further exploit the remnants of their shattered lives."

Joining LaPierre in hailing the U.S. District Court decision was NRA-ILA Executive Director Chris W. Cox. "This is an important victory. But the battle is not over. The NRA will remedy state emergency statutes in all 50 states, if needed, to ensure that this injustice does not happen again."

The controversy erupted when The New York Times reported that 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."

NRA also pledges that it will continue its work to ensure that every single firearm arbitrarily and unlawfully seized under this directive is returned to its rightful law-abiding owner.

Although this is great victory, we still need to hear from members who have been a victim of this gun confiscation initiative. If you have personally had a gun confiscated in Louisiana since Hurricane Katrina hit, please call (888) 414-6333. Be prepared to leave only your name and immediate contact information so we can get back to you. Once again, we are seeking contact information from actual victims of gun confiscation in Louisiana only.

For additional information, please visit www.NRAILA.org, or e-mail us at [email protected].
 

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No Police Super can claim ignorance of the 2nd Amendment either. Well, maybe in New Orleans where the Police Superintendent is probably the Mayors Cousins Half Brother who used to cut lettuce for salads in a New Orleans restaurant till he got appointed to his new job as Police Superintendent.
 

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I am thus far most encouraged by this - but hope too it actually has some effect.

The NOLA ''experience'' has taught us much, in many ways - not least the total importance of not having rights trampled. The ''authorities'' should endevor to remember that it is only the bad guys they have to look out for, with guns - the regular Joe needs left alone WITH their guns, the better to protect selves and families - leaving hopefully the LE people more scope to seek those bad guys.
 

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I believe this action by the NRA will encourage its members to open their pocketbook some. Members will be more positive about the NRA when it takes important steps like this, I will for sure.
 

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That's total gibberish.

This is what Sara and her Million Toadies would call a "symbolic victory". So the court ordered the confiscation to stop and the guns to be returned. What's to stop it the next time? Without punitive damages or, better yet, jail time, they'll do it all over again and the NRA will sue and win and the confiscated guns will be returned etc, etc, etc. But in the meantime, Americans will be disarmed during the time when they could most be expected to desperately need their guns. Over and over again.
 

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grnzbra said:
This is what Sara and her Million Toadies would call a "symbolic victory".So the court ordered the confiscation to stop and the guns to be returned. What's to stop it the next time? Without punitive damages or, better yet, jail time, they'll do it all over again and the NRA will sue and win and the confiscated guns will be returned etc, etc, etc. But in the meantime, Americans will be disarmed during the time when they could most be expected to desperately need their guns. Over and over again.

+1 No one responsible for the confiscation will suffer any kind of concequences. They may throw out a token scapegoat to protect there collective political backsides. The type of "super police" that would carry out this kind of policy will not even have any guilt for the harm they may have caused by disarming law abiding citizens. And it will happen all over again.

I really hope I am wrong.
 
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