New Orleans Begins Confiscating Firearms (merged w/ "You're all gonna love this one")

[cuchulainn]

dasmi quoting CNN

Q. Has martial law been declared in Louisiana?

A. No.

We're dickering with words here. The legal term in Louisiana is "public health emergency" but the effect is largely the same as "martial law."

Six of one; half dozen of the other.

Would you say there is no "gun control" right now in New Orleans (despite the confiscations) just because the law being used isn't called a "gun control" law, but a "public health emergency" law?

It's the effect -- not the label -- that matters

If it walks like a goose, and steps like a goose...

 

[Joejojoba111]

http://m-w.com/cgi-bin/dictionary?book=Dictionary&va=treason+


"Main Entry: trea·son
Pronunciation: 'trE-z&n
Function: noun
Etymology: Middle English tresoun, from Old French traison, from Latin tradition-, traditio act of handing over, from tradere to hand over, betray -- more at TRAITOR
1 : the betrayal of a trust : TREACHERY
2 : the offense of attempting by overt acts to overthrow the government of the state to which the offender owes allegiance or to kill or personally injure the sovereign or the sovereign's family

Main Entry: high treason
Function: noun
: TREASON 2"

 

[Coronach]

I wanna hear from all the LEO's on this board about thier take on this latest development. This should be interesting...........

Sounds illegal to me. I want to see what authority this is being done under. News reports are notoriously bad for mixing and matching legal terms that are not synonyms (so are some political leaders *cough*Nagin*cough*), so I want to know exactly what the local/state law states and what they intend to try and do under it.

I suspect that there will be legal repercussions from this for years to come. I just hope they turn out the way we want.

Due to the fact that we have two threads running on this, I'm going to either merge them or close this one. If this thread is closed, relax. This is a very on-topic discussion. Just carry it over to the other one.

Mike

 

[Coronach]

Or...another mod might beat me to it.

Mike

 

[RealGun]

Well, I'd say the line has really been crossed. If all true, the Mayor should be arrested by State troopers, or if necessary, Federal marshals.

You know, what could be really interesting here is a resulting class action that tests the Second amendment.

References from LA page at packing.org

Louisiana State Constitution Article I Sec 11

Right to Keep and Bear Arms

The right of each citizen to keep and bear arms shall not beabridged, but this provision shall not prevent the passage of lawsto prohibit the carrying of weapons concealed on the person.



State/local preemption law

Date updated: Aug 12, 2005 @ 9:10 pm

RS 40:1796

PART II-A. MISCELLANEOUS PROVISIONS

§1796. Preemption of state law

No governing authority of a political subdivision shall enact after July 15, 1985, any ordinance or regulation more restrictive than state law concerning in any way the sale, purchase, possession, ownership, transfer, transportation, license, or registration of firearms, ammunition, or components of firearms or ammunition; provided, however, that this Section shall not apply to the levy and collection of sales and use taxes, license fees and taxes and permit fees, nor shall it affect the authority of political subdivisions to prohibit the possession of a weapon or firearm in certain commercial establishments and public buildings.

Added by Acts 1985, No. 741,§ 1, eff. July 17, 1985.

 

[cropcirclewalker]

Of course, I would never do it, but I can still remember Ol' G. Gordon Liddy on his radio show suggesting that one should try for "Head Shots" since the JBTs are almost all wearing body armor.

If'n yer gonna let the constitution be yer guide, I suggest you consider history of radio.

If'n yer gonna be a good little sheeple and do what yer told, I suggest you otherwise follow the managed media.

 

[boofus]

I think those goosestepping brownshirts really messed up today. Isn't Louisiana in the 5th Circuit ? Arguably the most pro-gun court of appeals in the nation ?

I'd love to see the victims of confiscation win massive class actions against the state for violation of constitutional rights.

Plus they said they were confiscating 'registered' guns. I checked a number of sites on LA firearms laws and no permits or registration are required for handguns or long guns in that state. So are they confiscating 'registered' NFA weapons? Hopefully we will see Nagin and his police cronies do time for theft and possession of unregistered NFA devices and tax evasion.

 

[Coronach]

Actually, if the declaration of a public health emergency is the same as martial law with regards to the suspension of civil liberties (which that link implies is the case), these actions may indeed be 100% legal and constitutional.

I am decidedly NOT UP on Louisiana State law, but I daresay few here are, either.

Mike

 

[kbr80]

Actually, if the declaration of a public health emergency is the same as martial law with regards to the suspension of civil liberties (which that link implies is the case), these actions may indeed be 100% legal and constitutional.

ITS NOT RIGHT!!!!!! :banghead:

 

[Can'thavenuthingood]

I said it on another thread, Nagin is a moron, a buffoon. He is proving it once again a lack of compassionate, caring, sensitive, leadership. Compass did this with Nagin's approval and consent.
Blanco is silent.

Those guns will not find their way back to the legal owners. I think confiscation is one of the ways Louisiana pays for Police Departments. Many cars, trucks and motorcycles were confiscated over the years on the interstate. One of the news mags (20-20, 60 minutes, etc.) did a story on it a few years ago.

Even hiding isn't going to protect your rights, the right itself has been changed making you a criminal. You are just hiding from arrest.

The Disaster plan, packing.org, pictures of buses parked and flooded, police practicing no-knocks.

I love this here Internet thingy.

Vick

 

[Rusher]

I wonder if there is anything we can do to put the word out...pressure on our congress critters.....send up smoke signals.... bug the hell out of the NRA... GOA....anything at this point

 

[Desertdog]

Why in the hel* isn't the NRA, Second Amendment Foundation, GOA, Gun Owners Foundation, JFPO, or any other firearm group not already in Federal Court preserving the Second Amendment rights ot the flood victims??

Gun organizations want us to join their organizations and then they hang the gun owners out to dry when gun owners need help to preserve their rights. :banghead:

 

[Coronach]

ITS NOT RIGHT!!!!!!

Didn't say it was reasonable or just (or even legal or constitutional), merely that it MIGHT be legal and constitutional.

Like it or not, the concept of martial law of limited duration has precedent, and a constitutional basis. What manner of legal precedent it has in LA and NO, I have no idea.

The basic idea of martial law is an acknowledgement that under exceptional circumstances (which this most certainly is), the government has the power to take actions that would otherwise be unconstitutional. This very well might include everything they are doing down there.

I wouldn't like it much, either. I'm also not sure that the forced evacuations are a wise idea in all instances. If a guy has 7,000 gallons of water and MREs for a decade, has a dry house and wants for nothing...jeesh. Leave him be, for pete's sake.

Mike

 

[cropcirclewalker]

Hoax, I call a Hoax.

This whole string is wholly, incontrovertibally, absolutely something made up to make us gunnies go over the side.

Nobody in their right mind, would do this.

So here you are, granted, stupid at the least to be even living in NO, with it's well known corruption and incompetance (unless you really like to watch babes lift up their shirts), but you provide for the hurricane, you have the generator, water, plumbing and provisions, and ride it out. High ground (above sea level) and survive.

The looters come and you run them off. Even looters are not so stupid as to run into a hail of bullets.

You have your own porta potty.

The storm subsides........Time passes........You have survived. Yes, the result of proper preparation and planning.

Now the city is going to disarm you and remove you from your preparedness?

Hoax, hasta be a hoax.

No city is that absolutely dumb a$$ed stupid as to clean out the best hard core survivors from their city.

Hey, come February will be Mardi Gras. Is the dimwit mayor so stupid to think that anybody will come?

 

[GAMALOT]

So where is the NRA on this?
A goodly portion of the membership here pay dues to the NRA and those dues are supposed to be used to protect our rights.
Would love to hear Wayne LaPiere chime in or better yet send the legal team to straighten out the dirt bag mayor.
We should be sending lots of inquiries to the NRA instead of ranting here.
Gary

 

[odysseus]

Where Is The Nra?

I am so angered by all of this.... I am taking deep breaths. As they say, our civilization lives on a thin veneer, and whenever the "powers" that be decide to break constitutional rights for their "greater good", all are in peril.

I understand some of you feel: well, those in the water need to leave and shouldn't be there. Fine. However many of these photos are in homes that look well dry and secure, with "police" (see peace officers) at their door armed pointing in. Many may not want to leave, nor do they right now. I am afraid this is bad. Now they say, you may have no weapons, to protect yourself. No - to prevent kicking your door down with you kicking and screaming.

I say - Where is the NRA in this?

I tell you what. If I see strong stand by the NRA soon on this, I will donate and join. I have been wary doing this for sometime, but I will if I see them take a stand on this strongly. I am waiting.

 

[Can'thavenuthingood]

I sent an Email to both NRA and NRA-ILA with the posted article.
tick, tick, tick, tick, tick, tick, tick.
Maybe they are already on the way.

I woulda thought maybe there would be a politician or two kinda maybe scratching there heads over this debacle.

Maybe not.

Vick

 

[spartacus2002]

If it is true, then the velvet glove on that iron fist has become very threadbare indeed.

Don't count on patriot fantasies of cops and NG soldiers walking off the job, because they don't want to get shot at. Kids in schools haven't been taught squat about patriotism for decades; instead they learn, in many subtle ways, to "Follow The Rules." And now these NOPD and NG soldiers are the Rule Enforcers.

They might not realize it. They probably don't revel in it. But you can count on many, many of them to Enforce The Rules.

I hope, I truly hope, that I will eat my words.

And, now a precedent has been set by their actions. The real teaching point here is that push come to shove, the police and NG and 82d and all the other enforcers there value their safety more than yours: they put a greater value on THEM not having to defend themselves than YOU being able to defend yourself.

 

[Molon Labe]

it MIGHT be legal and constitutional.

I am now losing hope in fellow gun owners.

When I finally muster the courage to no longer post here, my final words will be:

I did not leave THR. THR left me.

 

[RocketMan]

I smell fish.
There are many folks remaining around there that suffered little or no damage to their homes, flooding, or other problems. Heck, electricity has already been restored in some areas. (See the photo on Drudge the other day?)
And yet these people who are reasonably safe and secure are being forced from their homes at gunpoint?
I'm waiting for the other shoe to drop. Somebody is benefiting from this forced evacuation, and it's not the evacuees.

 

[Standing Wolf]

Well, yeah, but we're not... Well, we're not quite really a police state, since after all... uh... Well... Umm...

 

[Pilgrim]

I wanna hear from all the LEO's on this board about thier take on this latest development. This should be interesting...........

I think that lacking judicial guidance, the issue will be decided by a homeowner who refuses to evacuate and makes it clear that some police officers will die if they try to take him forcefully out of his home.

Pilgrim

 

[Coronach]

I am now losing hope in fellow gun owners

OK, fair enough. And, for the record, I'm not pleased about the way this is going, even IF it is all legal.

however, your statement seems to imply that you don't think that the government ever has the power to suspend civil liberties, even in times of crisis and for limited duration. Please reconcile that with the provision in the US constitution for the suspension of habeus corpus (!), and the presence of martial-law provisions in various state constitutions. If they don't exist for this mess, what DO they exist for?

AGAIN: I HAVE NO IDEA IF WHAT THEY ARE DOING IS LEGAL. I'm just saying that it MIGHT be. Regardless, I'm not exactly pleased about it.

Mike

 

[confed sailor]

Wheres the NRA?

oooh i know! While they bleed gun-owners for money, they go off and wine and dine the politicos, and leave us out to dry!

and that gentlemen, is why i spend my NRA dues on munitions instead!!!

I dont know about the rest of you, but the ground seems kinda slick and starting to tilt into quite a slope.
on that note im going to j&g to buy some ammo

 

[DrDeFab]

> Hoax, I call a Hoax.

I wish. Saw footage on the news this evening in the Raleigh area. I was too stunned to note which station - if anyone knows, I would LOVE to have the clip.

Apologies if some of the details are fuzzy, but in essence, two guys outside NO (might have been in MS) were shown sitting on the ground, handcuffed, while the JBTs (looked like the NG) searched their property and confiscated their (formerly) legal firearms.

One guy tried to laugh it off after being released - told the reporter (paraphrased) "...they were just jealous 'cause ours were bigger than theirs."

OK, +1 for style, but now they have NO means of defense, self or otherwise...

:banghead: