Does anyone know the rationale they used for rounding up firearms from law abiding citizens? Is there some "emergency powers clause"?
That is their argument, that it fell under the Emergency Powers Act. It was, of course, unconstitutional. The current line is police officers from out of state used Gov. Kathleen Blanco's emergency declaration as a legal basis to seize firearms. Of course, police officers follow orders. That order came from
somewhere. Nagin and New Orleans in general have a long history of anti-gun activity. Before Katrina, they were actively going against gun manufacturers because of their crime rate, just as they had won against cigarette makers because of their cancer rate.
As the NRA releases more and more video testimony of the confiscation victim's stories, a better picture will emerge of what took place in Orleans and St. Tammany parishes. The order apparently came from above Nagin if it affected St. Tammany parish. Unless, of course Ray Nagin and Jack Strain found the time to conspire, unlikely during the aftermath of Katrina.
The Louisiana House of Representatives unanimously approved House Bill 760 on April 25, 2006. House Bill 760 forbids law enforcement from confiscating firearms from law abiding citizens during times of civil disorder.
Senate Bill 93 sponsored by Senator Joe McPherson (D-29), House Bill 36 sponsored by Representative Pete Schneider (R-90), House Bill 136 sponsored by Representative Troy Hebert, House Bill 172 sponsored by Representative Danny Martiny (R-79), and House Bill 760 sponsored by Representative Steve Scalise (R-82), the Emergency Powers Act Amendments, are all legislative initiatives which would prevent the seizure and confiscation of legally-possessed firearms during a state of emergency. Several dozen cases of such activity were documented in New Orleans and neighboring parishes during the aftermath of Hurricane Katrina. All these bills would prevent similar denial of an individual’s constitutional rights by local officials in the unfortunate event of any future natural disaster in Louisiana.