Steve Posted December 27, 2007 Report Share Posted December 27, 2007 Gun seized after Katrina? NRA wants you By MICHAEL KUNZELMAN, Associated Press Writer Wed Dec 26, 11:23 PM ET The National Rifle Association has hired private investigators to find hundreds of people whose firearms were seized by city police in the aftermath of Hurricane Katrina, according to court papers filed this week. The NRA is trying to locate gun owners for a federal lawsuit that the lobbying group filed against Mayor Ray Nagin and Police Superintendent Warren Riley over the city's seizure of firearms after the Aug. 29, 2005, hurricane. In the lawsuit, the NRA and the Second Amendment Foundation claim the city violated gun owners' constitutional right to bear arms and left them "at the mercy of roving gangs, home invaders, and other criminals" after Katrina. The NRA says the city seized more than 1,000 guns that weren't part of any criminal investigation after the hurricane. Police have said they took only guns that had been stolen or found in abandoned homes. NRA lawyer Daniel Holliday said investigators have identified about 300 of the gun owners and located about 75 of them. Some of them could be called to testify during a trial, he added Link to comment Share on other sites More sharing options...
cavanami Posted December 27, 2007 Report Share Posted December 27, 2007 Cops stealing in the Big Easy...unheard of.... Link to comment Share on other sites More sharing options...
Torneyboy Posted December 27, 2007 Report Share Posted December 27, 2007 Police have said they took only guns that had been stolen or found in abandoned homes. Well that's that then Link to comment Share on other sites More sharing options...
Flashermac Posted December 28, 2007 Report Share Posted December 28, 2007 The cops can't return them. They've already sold them. Link to comment Share on other sites More sharing options...
Bangkoktraveler Posted December 28, 2007 Report Share Posted December 28, 2007 I believe it was Fox network that showed one person handcuffed while their home was searched for guns. Because of these illegal seizures, some States have passed laws making sure that in the course of a disaster, weapons are not seized. Link to comment Share on other sites More sharing options...
Torneyboy Posted December 28, 2007 Report Share Posted December 28, 2007 So kids can stumble onto them... Link to comment Share on other sites More sharing options...
Hugh_Hoy Posted December 28, 2007 Report Share Posted December 28, 2007 How do you know the seizure(s) was illegal? I'd also like to know more about the state laws, such as which states and direction to the law. HH Link to comment Share on other sites More sharing options...
OCgringo Posted December 28, 2007 Report Share Posted December 28, 2007 Police have said they took only guns that had been stolen or found in abandoned homes. Well that's that then I am glad they took them if they were in abandoned homes. There was lots of looting going on and its better the known bad guys (the cops) have the guns then the looters.... But I guess if they were registered they could give them back to their registered owners ! OC Link to comment Share on other sites More sharing options...
Bangkoktraveler Posted December 28, 2007 Report Share Posted December 28, 2007 [color:red]"How do you know the seizure(s) was illegal? I'd also like to know more about the state laws, such as which states and direction to the law."[/color] The following should clear this subject up: Katrina inspires bans on gun seizures In the days after Hurricane Katrina, New Orleans police went door to door and confiscated guns from citizens in an effort to counter chaos and crime in the wrecked city. But gun advocates saw the seizures as an infringement on constitutional rights and said never again. The actions of the New Orleans police have inspired 13 states, including Louisiana, to enact laws to keep state and local officials from taking guns during a state of emergency, such as after a natural disaster or terrorist attack. President Bush also signed a bill in October that would penalize states financially for illegally confiscating guns during an emergency. Missouri Gov. Matt Blunt ® signed an emergency weapons bill on April 12 to become the 13th state with such a law on the books, joining Alaska, Florida, Idaho, Kentucky, Louisiana, Michigan, Mississippi, New Hampshire, Oklahoma, South Carolina, Virginia and West Virginia. A measure also is on the desk of Arizona Gov. Janet Napolitano (D). Similar bills were introduced in at least 14 other states this year. â??We can never too soon forget the injustice that went on in the wake of Hurricane Katrina, where law-abiding individualsâ?? firearms were taken away from them just when they needed to protect themselves the most,â? said Julie Tanna, a spokeswoman for the National Rifle Association (NRA), a lobbying group that opposes gun control. The NRA successfully sued to get New Orleansâ?? residents their guns back and has vowed to push for state laws to block confiscations. While several of the bills have sailed through legislatures with few no votes, law enforcers have raised objections. Critics complain the emergency gun bills are too broad and would hamper state leaders and law enforcement officials during an emergency. State Rep. Beth Low (D) was one of the billâ??s two dissenters in the Missouri House. â??Thereâ??s a sincere desire to protect our communities and allow them to protect themselves. I donâ??t think anythingâ??s wrong with that, but I believe there are unintended consequences to this legislation that could be very destructive in an emergency,â? she said. Among the problems Low has with Missouriâ??s new law: It doesnâ??t specifically define what an emergency is; it restricts not just the confiscation of weapons and ammunition, but also the transfer and sale of them; and it doesnâ??t expressly prohibit people from bringing their guns to an emergency shelter. Charley Wilkison, the political and legislative director for the Combined Law Enforcement Associations of Texas (CLEAT), agrees with that last concern. Although CLEAT backs peopleâ??s right to keep guns during an emergency, the group would support an amendment to a Texas bill that would ensure that people cannot bring their guns to emergency shelters, such as the New Orleans Superdome following Katrina. â??Can you imagine a massive gathering of humanity under the most horrible set of circumstances, where youâ??re hopeless, youâ??re afraid, you canâ??t locate members of your family, you donâ??t know if theyâ??re alive or dead. â?¦ Then you add guns to that mix,â? he said. â??I think weâ??d be supportive of that being a gun-free environment.â? The Georgia Bureau of Investigation (GBI) opposed a bill introduced this session because it included civil penalties for officers who improperly confiscate weapons. â??It just doesnâ??t take into consideration the difficult conditions in emergencies that police are placed in, and having to decide whoâ??s the good guy and whoâ??s the bad guy,â? said John Bankhead, the GBIâ??s legislative liaison. The bill failed to pass before crossover day, the last day a bill must pass at least one chamber in the General Assembly to be considered for passage. But state Rep. Russell Pearce ®, sponsor of the Arizona bill, said other laws already give police the power to confiscate guns from people committing crimes. He said his bill simply ensures that people who arenâ??t committing crimes are protected from confiscation during an emergency â?? a time when they may need their weapons the most. [color:red]â??Weâ??re not a police state. You donâ??t go and abuse good citizens because of your concern for their safety,â? Pearce said. â??Itâ??s a shame that we have to write a law to protect basic constitutional rights.â?Â[/color] Source As for the act being illegal, the following should answer that. 9/23/2005 FEDERAL JUDGE HALTS NEW ORLEANS GUN SEIZURES The U.S. District Court for the Eastern District of Louisiana this afternoon issued a temporary restraining order on behalf of the Second Amendment Foundation (SAF) and National Rifle Association (NRA), bringing an end to firearm seizures from citizens living in and around New Orleans. District Judge Jay Zainey issued the restraining order against all parties named in a lawsuit filed Thursday by SAF and NRA. Defendants in the lawsuit include New Orleans Mayor Ray Nagin and Police Chief Edwin Compass III. â??This is a great victory, not just for the NRA and SAF, but primarily for law-abiding gun owners everywhere,â? said SAF founder Alan M. Gottlieb. â??We are proud to have joined forces with the NRA to put an end to what has amounted to a warrantless gun grab by authorities in New Orleans and surrounding jurisdictions. â??Over the past three weeks,â? he continued, â??residents who had lost virtually everything in the devastation following Hurricane Katrina had also essentially been stripped of something even more precious, their civil rights, and their right of self-defense, because of these gun seizures. â??SAF and NRA had no alternative but to take action,â? Gottlieb added. â??If these gun confiscations had been allowed to continue without challenge, it would have set a dangerous precedent that would have encouraged authorities in other jurisdictions to believe they also could suspend the civil rights of citizens in the event of some other emergency. â??What must happen now, and quickly,â? said Gottlieb, â??is for authorities in the New Orleans area to explain how they will return all of those firearms to their rightful owners, and do it promptly. What this ruling affirms is that even in the face of great natural disasters, governments cannot arbitrarily deprive citizens of their rights. Thanks to some great teamwork between SAF and the NRA, this sort of thing will hopefully never happen again.â? The Second Amendment Foundation is the nations oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers & an amicus brief & fund for the Emerson case holding the Second Amendment as an individual right. 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Torneyboy Posted December 28, 2007 Report Share Posted December 28, 2007 That may have been the plan ..but the do gooders have stepped in ... Link to comment Share on other sites More sharing options...
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