New Orleans Begins Confiscating Firearms as Water Recedes

[progunner1957]

Man. Well folks, welcome to the federal governments wet dream.

Well, yeah, but don't go thinking that it wasn't also the local government's wet dream as well. It's not as though the idea of their local populace being armed makes them goop themselves as well. They goop when they get to take guns away, just like the Feds.

Welcome to the real America - when the SHTF, the mask comes off - revealing the storm trooper inside. The gun confiscation and police state tactics that are going on are being watched very closely by "The Government."

If people submit to it and accept it, it will happen again and again - and the future incidents will be more blatant and violent with scores of deaths of We The Pepole at the hands of "The Government's" Storm Troopers.

And we all thought the Waffen-SS went down the tubes with the Third Reich...

The area of devastation resulting from Katrina has been described as being equal in size to Britan. If "The Government" can today establish a police state the size of Britan within the borders of the U.S. and get away with it, think what "The Government" will do five or ten years down the road...

Who do we get to hold "The Government" responsible for the abuses it is perpetuating in New Orleans? Who is going to protect the citizens from "The Government??"

It's starting to sound like we are screwed seven ways from Sunday, folks...

What can we do to fight these abuses? I doubt that going to the courts or the Department of Justice - both a part of "The Government" - will do any good. Where do we turn to??

[mvpel]

Hurricane survivor hunting season is now open - no bag limit.

[XavierBreath]

People are gonna start dying over this....good people on both sides of the "thin blue or camo line"....and all hell is gonna break loose.

I agree.

What is it going to take to wake up the NRA and GOA?

[Rich Lucibella]

Originally Posted by NRA Press release

Louisiana statute does grant the government, during a state of emergency, broad powers in regulating and controlling firearms.

Unbelievable cop-out on the part of the NRA. The entire Press Release is. Nothing I've read gives LA authorities latitude to disarm any law abiding citizen during a crisis or any other time. Even Judge Andrew Napolitano took this position on FOX today.

There are two operative questions here:
1) Can anyone nail down the Emergency Powers statute?
2) Can anyone verify that this practice is widespread? I read the Police Chief's statements and saw the woman being taken down last night (can't view the videos here). But it's REAL important that our community have our facts well laid out before we attack this thing.

Alpineman-
In order to file a Court challenge the "aggrieved" party must have "standing":
eg: I have no standing to sue your local PD because I believe your traffic stop was illegal.

Where's Antipitas when we need him?
Rich

[Marko Kloos]

Call our troops home from Iraq...there's freedom that needs defending on our own soil.

[XavierBreath]

Executive Order KBB 2005-27 EMERGENCY PROCEDURES FOR CONDUCTING STATE BUSINESS September 3,2005

I cannot find the exact statute, perhaps the EO above will help.

Governor Kathleen Babineaux Blanco, Executive Orders For 2005



edited to add:
RS 29:721 CHAPTER 6. THE LOUISIANA HOMELAND SECURITY AND EMERGENCY ASSISTANCE AND DISASTER ACT

F. In addition to any other powers conferred upon the parish president by the constitution, laws, or by a home rule charter or plan of government, such authority may do any or all of the following:

(1) Suspend the provisions of any regulatory ordinance prescribing the procedures for conduct of local business, or the orders, rules, or regulations of any local agency, if strict compliance with the provisions of any ordinance, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency.

(2) Utilize all available resources of the local government as reasonably necessary to cope with the local disaster or emergency.

(3) Transfer the direction, personnel, or functions of local departments and agencies or units thereof for the purpose of performing or facilitating emergency services.

(4) Subject to any applicable requirements for compensation, commandeer or utilize any private property if he finds this necessary to cope with the local disaster.
(5) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the boundaries of the parish if he deems this action necessary for mitigation, response, or recovery measures.
(6) Prescribe routes, modes of transportation, and destinations in connection with evacuation within the local government's jurisdiction.

(7) Control ingress and egress to and from the affected area, the movement of persons within the area, and the occupancy of premises therein.
(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles.

G. In the event of an emergency declared by the parish president pursuant to this Chapter, any person or representative of any firm, partnership, or corporation violating any order, rule, or regulation promulgated pursuant to this Chapter, shall be fined not more than five hundred dollars, or confined in the parish jail for not more than six months, or both.

H. No organization for homeland security and emergency preparedness established under this Chapter shall be employed directly or indirectly for political purposes.

[Al Norris]

I'm here, Rich. The relevent statute reads:

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

It does not however say, confiscate. Here is a link that gives the powers of the Louisiana Government in a declared State of Emergency.

There can be no Martial Law in this state, unless in time of invasion or insurrection, the Federal Congress declares such. Even then, Martial Law is limited to the concepts embodied within ex parte Milligan. That is, unless the Courts are affected in such a manner that they cannot operate, then Military Courts prevail. During Martial Law, the Military can act as the Police Force, but only if the Police are inoperational.

Even the right of Habeas Corpus (show/produce the body) cannot be done away with without a separate congressional declaration, again solely due to invasion or insurrection.

There is no provision in the Constitution for the for the suspension of the Constitution. Rights cannot be revoked.

Generally, states of emergency can give somewhat broader powers to the State Government, such as confiscation of private property for use of and by the authorities, but only as long as the emergency lasts. All use must be recorded so that the property may be returned or replaced to its lawful owner.

Martial law under the US Constitution and State Constitutions do not mean the imposition of a Police State. Despite what Lincoln did, which was totally unlawful, in modern America, this should not happen.

So what's the deal with NOLA? Mayor Nagin is the sole responsibility for issuing orders to confiscate weapons Orders were issued by Nagin to the Police Super.). He has no legal authority to do so. That it is being carried out, should tell us a lot about the mentality of both the NG and the Police. They will do whatever is ordered, never giving any thought as to the legality of the order.

Can't Happen In America? We are witnessing that it can.

Cameramen are not being permitted inside NOLA as of noon their time. The newsies are leaving, under force of arms.

Not only does the US Constitution bar this, but so does the LA Constitution. Yet it's being done. This is probably the seminal situation where one needs various tools of self defense and it's being denied its citizens.

You are aware that even the 3rd amendment has been violated? Yes, a squad or platoon (not clear which) had commandeered a church as its sleeping quarters? They left a note "apologizing" to the pastor for using the church.

All in all, the first 5 amendmends have been violated. I submit that you cannot trash the Constitution and remain a free society. (rephrased from ex parte Milligan)

Any American who is not outraged by this action, is woefully ignorant of the Rule of Law. At the very least, you need to send letters of such outrage to all your federal and state representatives. I would even flood the SCOTUS with email and snail mail.

I won't presume to say what you should be doing... Only I would ask, "what was that line that couldn't be crossed?"

[23Skidoo]

I assume the NRA does not want to blunder into this and is diligently checking facts and laws as we write here. I hope they are. It might be they have broad powers to confiscate weapons. I doubt it, since the LA Constitution expressly grants such rights to its citizens, but I would want to be 100% sure before entering the debate. Going off at the mouth is not what responsible organizations do if they want to be taken seriously.

[mvpel]

23 - you've echoed my sentiments precisely. I was outraged to see this, but before going on the offensive, we need to make sure we have our facts straight, otherwise our credibility is shot to hell.

[Rich Lucibella]

I've seen enough from Anti, Napolitano and other sources I trust to be convinced that .gov powers down there extend only to SALE of firearms, not confiscation.

The next part is to get real info that this is happening in any organized manner. One elderly lady who shows the cops her gun is easily sound-byted away by the other side. Someone walking down the street, or working in their yard, with an exposed weapon, is certainly subject to confiscation, EO or not.

What we need to be careful of is that we don't fight a battle that doesn't exist. If this is not happening as a matter of course, then it's a case of a few possible infringements, without any real traction.

However, I don't pay the NRA to hold to this standard. If they have even one instance, and they do in the NOPD quote, they need to be at the tip of the spear....and they DON'T need to be putting out this, "Well, it looks OK to us; after all, there's an Emergency down there" trash.
Rich

[elmerfudd]

All I have to say is I thought bush was pro guns

[Al Norris]

I hate to be the bearer of bad news, elmerfudd, but Bush is pro-Bush. Sometimes it means he is pro whatever it is we like and other times, er, not. He has his agenda and we do not necessarily figure into it.

Please note that I'm not saying Bush is bad. What I am saying is that like anyother politician, he has his agenda and the people he serves are often not to be figured into that agenda. Bush is no more and no less a creature of the political machine.

[elmerfudd]

true I understand but I am sure that his pro gun aditude is the reason most of us voted for him ware are our votes now. I no my vote stays with my revolver and no one will take it from my breathing body

[arebindixie]

Call our troops home from Iraq...there's freedom that needs defending on our own soil.

It is my understanding that the National Guard is confiscating firearms and assisting with confiscations performed by law enforcement. If this is true, keep the troops in Iraq where they won't directly threaten citizens of the US.

[Big Ruger]

So I'm sitting at my puter, lookin at jeeps. In the background I hear Hannity and Colmes. Suddenly I hear ALLEN COLMES! dja get that? ALLEN COLMES, say "Now they are taking peoples guns, theyre property, in clear violation of the constitution". Also a CIVIL RIGHTS lawyer saying what we all have been saying. Ok so before I was pissed. Now I am really scared. Yea, aint gonna happen here! my ass! I sure hope LTG. Honore has more character than Wes clark

[Sodbuster]

the police had no plans to make them give up their weapons

Selective enforcement. Or just afraid of confronting M16s? Some animals are more equal than others.

[danco]

Armed Mexican soldiers are allegedly in Texas. IF thats true then one would have to ask why.

The Mexican Soldiers and Marines are not armed.

That said, has America really sunk so low that we need to rely on help from third-world nations???

~Dan

[Wildcard]

BUT, this cant happen. I have read on this board, and others that most LE's would walk. Refuse to do this. This just cant be. <sarcasm off>


Look real hard, take it in, learn from this. There are LEO's from all over the nation helping down there. So this is a good litmus test on how LEO's will react to a confiscation order. I have not heard of 1, 1 damn LEO walking off, or saying "I wont do this". Anyone wth a thought process knows this is wrong. I have cruised the other forums, and there are, on one forum, LEO's that are actually supporting/defending this. BIG SURPRISE huh. I dont want to ever hear again that the vast majority of LEO's would walk, not show up, turn in their badges if the order ever came down to seize all firearms. This incident has shown that statement to be laughable.

I challenge everyone, especially LEO's, to write, call, make a personal visit to elected officials. TELL them that this is not right, and they will reap what the sow. IF something is not done to stop this, right the wrong, either side, LEO or citizen will not like the outcome. Not doing something about this, not standing up to this is putting a lit match in charge of dynamite.

[Cowled_Wolfe]

Borrowed from www.a-human-right.com , an excellent firearms advocacy sight.

Wolfe.

[XavierBreath]

Gun Confiscations in New Orleans
GOA has received reports that the confiscation of legally-owned firearms has commenced in New Orleans. In addition to denouncing this in the press, GOA will also be looking to draft legislation at both the state and federal level to preclude authorities from imposing ANY firearms restrictions during emergency response activities.

This is expected to be a lengthy and arduous process. If you haven't joined GOA yet, please consider going to http://www.gunowners.org/ordergoamem.htm and doing so to help in this endeavor.

Link

[CyberSEAL]

I think it's amusing that so many of you are waking up to the reality of our situation here in American, yet still seem to believe 9/11 was carried out entirely by 19 cave-dwellers... By the time the masses realize what has happened to them, it will definitely be too late. When your mind absorbs what little it can from our friendly media outlets, what does your gut instinct tell you???

[CyberSEAL]

It is my understanding that the National Guard is confiscating firearms and assisting with confiscations performed by law enforcement. If this is true, keep the troops in Iraq where they won't directly threaten citizens of the US.

It's so much more complicated than that. Imagine two nukes going off in US cities on the same day, perhaps one in Boston, the other in Chicago. Martial Law is declared nationwide, and with 70+ % of our combat troops stationed overseas, your great leader Bush asks for UN assistance in patrolling our neighborhoods. Sounds farfetched, right?

I'm a real republican too btw...not some sheep who can't think for himself and blindly supports anything and everything his party says...

[mvpel]

And I don't think any Mexican troops would have any problem following orders to seize all firearms by force.

[Al Norris]

Apparently, neither does the National Guard.

[kennybs plbg]

I think it's time to reconsider bars on the windows and doors, not for protection from the criminals but from the goverment itself.

note to self: pick up 4 boxes of 00 buck today

kenny b