NRA Files Lawsuit in Louisiana today, 9/22

[TexasRifleman]

Some of you guys make me wonder if you are even pro gun.

I'm afraid you don't understand the gravity of this. The reason no one was running to NO filing court papers right and left as soon as something happened is two-fold, as has been explained numerous times and still the griping about NRA sucks this, GOA sucks that.....Jeez.

1) You need standing to file in court. NRA wasn't personally injured by confiscations, no NRA employee was disarmed in New Orleans, so they had to first wait for the courts to re-open and second, find a victim that wanted to sue.

Everyone keeps pointing at what CNN did to protect their First Amendment rights, and how fast they did that. Remember there that CNN DID have standing, since their reporter was denied access to some areas of NO.

2) This is a BIG IMPORTANT fight. It might be one of the most critical fights pro-2A groups have ever had. You don't rush into court filing papers on the fly with something like this. You screw around and lose this case because you were in a hurry, it could hurt our 2A rights for DECADES.
This case CAN NOT be lost.

As for GOA and SAF, support these groups too. NRA has a long history of working with these groups. Gottleib is a pit bull, he's smart, but he doesn't have a lot of money. NRA tries to put on a more moderate face since they are primarily a lobbying organization, but they got cash baby!

If you had the slightest idea how these groups work you would not call NRA "hanging on the coattails" of other groups. This is how it's INTENTED to work. GOA and SAF among others can move fast, find court cases, and get the ball rolling. NRA comes in with a LARGE checkbook to keep the pit bull fed once the pit bull has latched onto something.

That's a damn good system, it's worked well in the past and should work well here.

It's funny that the pro 2A groups get it, it's a shame that so many pro 2A people on here don't. You all have to stop your imagined "conflicts" between what NRA, GOA, and SAF are all about. They are fighting the fight, the same fight, all on different fronts.

SUPPORT ALL PRO 2A GROUPS, BECAUSE THEY SUPPORT EACH OTHER, AND YOU. It's just that simple. Don't like NRA? Tough. Support them anyway. Don't like GOA? Tough, support them anyway. This is not a personality contest. If you TRULY believe in the Second Amendment you will shuttup complaining about what ANY of these groups do, and help them all you can with cash if you can and, maybe even more importantly, convincing others to join their ranks in membership. If you have complaints, then as a member you have a voice. Don't bitch on some Internet forum, make a change, help out, get in the fight. Convince one person to join any of these groups this year and you've done more than most gun owners.

Numbers talk, especially in election years.

Don't you think it's worth fighting for?

/soapbox off

 

[porterdog]

This case CAN NOT be lost.

+6.02E23

Time to hammer on ALL your shooting friends to join the NRA, and to indicate along with thier membership application that this exact issue is why they're joining.

Suggest joining one or two other organizations as well.

 

[halvey]

Ok all you NRA bashers, take back what you said!

Is GOA in on this?

 

[Silver Bullet]

TexasSIGman:

Great post !

 

[TexasRifleman]

Is GOA in on this?

Not this case. GOA has people looking for victims as well though.

Wayne LaPierre said basically they (all the groups involved) plan to fight it one case at a time.

The victim that SAF found, all involved believe, has the strongest case and the best chance of winning.

We only need one victory to overturn the whole mess, then the house of cards come tumbling.

SAF and GOA are looking for other victims, and have found a few, in case this first one goes wrong somewhere.

This is a team play.

 

[Ravenslair]

TexasSIGman, no one could have put it any better. Everyone should be supporting the NRA, GOA, JPFO, SAF, etc. however they possibly can. They are all fighting for our RKBA in some form or other. Just think of the power the NRA would have if they had 10 million members instead of 3 million. Imagine if every gun owner joined the previously mentioned groups. Whether you agree with everything these particular groups do, they are on our side. Our rights would be supported by all administrations (left or right leaning) due to the immense power of the RKBA lobby. Just look at the power the AARP has with 30+ million members.

 

[TexasRifleman]

10 million NRA members would make Nancy Pelosi and Feinkenstein kill themselves. I have wet dreams about it........

 

[svtruth]

Up and down

Personally, I hope they take the suit up to the mayor and Governess, and down to the individuals actually doing the confiscating. That might make the individuals think twice about carrying out unlawful orders.

 

[WYO]

I'm afraid you don't understand the gravity of this. The reason no one was running to NO filing court papers right and left as soon as something happened is two-fold

Uh, the problem is even greater than that. You have to have a court of competent jurisdiction to file it in. The Federal District Court for the Eastern District of Louisiana only recently began accepting filings in other cities, and I also doubt that any hearings are going to be held any time soon. There may not be diversity jurisdiction so the case will have to be brought on second amendment grounds.

If somebody wants to make a purely state claim in state court, the Civil District Court for Orleans Parish is closed at least until October 1, and plan on that deadline being extended.

Having court hearings is a very low priority at this point in time.

 

[Crosshair]

Hey everyone, just for fun go to this link on Fark.com Interesting to see what people are saying, even if many of them are blathering idiots. Be sure to have you're brain shields on or you will loose several IQ points.

 

[Ravenslair]

This makes me start to think about some of my left leaning buddies. Maybe it is time I get them an NRA membership for Christmas Even if they are non-believers, their memberships would help add to the overall numbers....

Time to make a few gift purchases

 

[50 Freak]

Welp, they dem dar did good.

I'm breaking out the check book and sending in some money. I hope LaPierre brings the full wrath of the NRA on the bonehead LA politicians.

Will make me feel good knowing my money and vote will help.

We here in California will help as much as we can our Louisiana brothers.

 

[xcheck]

Word on the street is, the Judge just granted the TRO, press release coming soon.

 

[MudPuppy]

Thanks for the great post TexasSIGman.

Anyone that complains that the NRA isn't doing anything or is taking to long, just read that. *applause*

 

[WYO]

The NRA website is reporting the TRO as well. They did REALLY GOOD considering the circumstances. Of course, the next hurdle is to get the word to the people on the ground.

 

[TexasRifleman]

Here is the link to the press release, doesn't say much yet other than the judge issued a restraining order.

http://www.nraila.org/News/Read/Releases.aspx?ID=6539




As a side note, if you are interested in sending money, send it to NRA-ILA instead of directly to NRA for this particular thing. NRA can't use money for this stuff, some tax deal I don't care to try to understand

NRA-ILA is the legal fighting arm and I guess structured under a different corporate subsection. Or, send it to SAF or GOA.

 

[bamawrx]

Moderators: Any plan to sticky an update thread on the lawsuits? I'd like to be able to check from time to time on this issue specifically. So far so good. I'll have to reward NRA with some cash.

 

[NCP24]

ClubSerbu243

They got posted on Free Republic, along with links back to the LA govt site originals-

Thanks for the link although I’m not sure I'll have time to look over it tonight (familynight).

(Fairfax, VA) -- The United States District Court for the Eastern District in Louisiana today sided with the National Rifle Association (NRA) and issued a restraining order to bar further gun confiscations from peaceable and law-abiding victims of Hurricane Katrina in New Orleans. http://www.nraila.org/News/Read/Releases.aspx?ID=6539

ONE FOR THE HOME TEAM!!!!!!!!!, but were are not out of the dark yet.

 

[NCP24]

At a fast glance I don’t like these two granted powers. From what I understand these powers are only granted if the “governor issues executive orders, proclamations, and regulations and amend or rescind them. Executive orders, proclamations, and regulations so issued shall have the force and effect of law” (which I don’t think is the case here).

THE LOUISIANA HOMELAND SECURITY AND EMERGENCY ASSISTANCE AND DISASTER ACT

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

Louisiana State Constitution

4. Right to Property

Section 4.(A) Every person has the right to acquire, own, control, use, enjoy, protect, and dispose of private property. This right is subject to reasonable statutory restrictions and the reasonable exercise of the police power.

(B) Property shall not be taken or damaged by the state or its political subdivisions except for public purposes and with just compensation paid to the owner or into court for his benefit. Property shall not be taken or damaged by any private entity authorized by law to expropriate, except for a public and necessary purpose and with just compensation paid to the owner; in such proceedings, whether the purpose is public and necessary shall be a judicial question. In every expropriation, a party has the right to trial by jury to determine compensation, and the owner shall be compensated to the full extent of his loss. No business enterprise or any of its assets shall be taken for the purpose of operating that enterprise or halting competition with a government enterprise. However, a municipality may expropriate a utility within its jurisdiction.

(C) Personal effects, other than contraband, shall never be taken.

(D) But the following property may be forfeited and disposed of in a civil proceeding, as provided by law: contraband drugs; property derived in whole or in part from contraband drugs; property used in the distribution, transfer, sale, felony possession, manufacture, or transportation of contraband drugs; property furnished or intended to be furnished in exchange for contraband drugs; property used or intended to be used to facilitate any of the above conduct; or other property because the above-described property has been rendered unavailable.

(E) This Section shall not apply to appropriation of property necessary for levee and levee drainage purposes.

(F) Further, the legislature may place limitations on the extent of recovery for the taking of, or loss or damage to, property rights affected by coastal wetlands conservation, management, preservation, enhancement, creation, or restoration activities.

Amended by Acts 1989, No. 840, §1, approved Oct. 7, 1989, eff. Nov. 7, 1989; Acts 2003, No. 1295, §1, approved Oct. 4, 2003, eff. Nov. 6, 2003; Acts 2003, No. 1304, §1, approved Oct. 4, 2003, eff. Nov. 6, 2003.

§5. Right to Privacy

Section 5. Every person shall be secure in his person, property, communications, houses, papers, and effects against unreasonable searches, seizures, or invasions of privacy. No warrant shall issue without probable cause supported by oath or affirmation, and particularly describing the place to be searched, the persons or things to be seized, and the lawful purpose or reason for the search. Any person adversely affected by a search or seizure conducted in violation of this Section shall have standing to raise its illegality in the appropriate court.

The State will probably try to use Section 4 (A) “This right is subject to reasonable statutory restrictions and the reasonable exercise of the police power.” as a defense along with the powers granted in the EMERGENCY ASSISTANCE AND DISASTER ACT (if applicable). Either way the plantiff still has the 4A by way of 14thA Due Process under the US Constitution (depending on the circumstances).



Now this is the part I love, the State of Louisiana guarantees its residence an individual Right to Keep and Bear Arms. Unfortunaley, it doesn’t say anything about the right to form a militia, but who cares about that if you have an individual right to bear arms.

§11. Right to Keep and Bear Arms

Section 11. The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person.

Well like I said this just at a glance and I don’t have enough information to form an opinion, other than I think this could be a very interesting case.


This is totally unrelated…..well maybe not…..I like this Constitution!!!!

§26. State Sovereignty

Section 26. The people of this state have the sole and exclusive right of governing themselves as a free and sovereign state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in congress assembled.
Acts 1997, No. 1494, §1, approved Oct. 3, 1998, eff. Nov. 5, 1998.

§27. Freedom to Hunt, Fish and Trap

Section27. The freedom to hunt, fish, and trap wildlife, including all aquatic life, traditionally taken by hunters, trappers and anglers, is a valued natural heritage that shall be forever preserved for the people. Hunting, fishing and trapping shall be managed by law and regulation consistent with Article IX, Section I of the Constitution of Louisiana to protect, conserve and replenish the natural resources of the state. The provisions of this Section shall not alter the burden of proof requirements otherwise established by law for any challenge to a law or regulation pertaining to hunting, fishing or trapping the wildlife of the state, including all aquatic life. Nothing contained herein shall be construed to authorize the use of private property to hunt, fish, or trap without the consent of the owner of the property. http://senate.legis.state.la.us/Documents/Constitution/Article1.htm#§11. Right to Keep and Bear Arms

Well the wifes home have to go for now….

 

[chuck pullen]

In the past, I have been reluctant to financially support the NRA for reasons that are, as of today, moot. Monday morning, I will be a full fledged and enthusiastic supporter. I invite all who have been sitting on the NRA fence, as I have, to join me in taking a leap of faith. With this action against truly frightening governmental action, the NRA has won my support.