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Discussion Starter · #1 ·
From Clayton Cramer's Blog:

NRA Wins Restraining Order Against Gun Confiscations

According to this NRA press release:
(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.

There's nothing identifying on what basis this order was issued, and I can't find the order on the Eastern District of Louisiana website (they are having some problems at the moment). It is nice to win, but it would even be nicer if we won based on the Second Amendment, or at least on the Louisiana Constitution's right to keep and bear arms provision:

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.

posted by Clayton at 2:05 PM
 

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If I were to guess, I would say that it was taking of property without compensation or proof of wrong-doing.
 

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Discussion Starter · #3 ·
UPDATE: I've received a copy of the restraining order--it doesn't say anything about why it was issued, except that the Mayor of New Orleans, the Police Chief, and the Sheriff's Department all acknowledge that they have no authority to seize lawfully possessed firearms:
Defendants, C. Ray Nagin, Mayor of New Orleans and P. Edwin Compass, III, Superintendent of Police for the City of New Orleans, deny the allegations in the Complaint For Declaratory Judgment and Injunctive Relief and specifically deny that it was or is the policy of the City of New Orleans nor the New Orleans Police Department to illegally seize lawfully possessed firearms from citizens;

Defendants C. Ray Nagin, Mayor of the City of New Orleans, and P. Edwin Compass, III, Superintendent of the Department of Police for the City of New Orleans, specifically deny each and every allegation in the Complaint for Declaratory Judgment and Injunctive Relief and specifically reserving all rights herein and waiving none, assert the following:

1. C. Ray Nagin has not issued, nor has he any intention of issuing, any order, declaration, promulgation, and/or directive pursuant to the authority granted unto him by LSA-R.S. 29:721, et seq., ordering the seizure of any lawfully-possessed firearm from law abiding citizens, nor has C. Ray Nagin delegated any authority granted unto him pursuant to LSA-RS 29:721, et seq. to any other city official, department head, officer, employee, and/or agent of the City of New Orleans including, but not limited to, P. Edwin Compass, III, Superintendent of the Department of Police for the City of New Orleans and/or Warren Riley, Deputy Superintendent of the Department of Police of the City of New Orleans;

2. P. Edwin Compass, III acknowledges that no authority has been delegated to him by C. Ray Nagin, Mayor of the City of New Orleans, pursuant to the powers granted unto the said Mayor by the provisions of LSA-RS 29:721, et seq. to order the seizure of lawfully-possessed firearms from law abiding citizens and that any and all statements which are allegedly attributed to him in such regard do not represent any policy, statement, ordinance, regulation, decision, custom or practice of either C. Ray Nagin or the City of New Orleans, its agencies and/or departments;

3. C. Ray Nagin and P. Edwin Compass, III affirmatively deny that seizures of lawfully possessed firearms from law abiding citizens has occurred as a result of the actions of officers, city officials, employees and/or agents of the City of New Orleans or any of its departments and further affirmatively deny that any such weapons are presently in the possession of the City of New Orleans, its agents and/or departments;

4. C. Ray Nagin and P. Edwin Compass, III further affirmatively deny that it is the custom, practice and/or policy of the City of New Orleans, either officially or unofficially, to seize and/or confiscate lawfully-possessed firearms from law abiding citizens.



Okay, I'm confused. :? News coverage said that the police were seizing all firearms. Now the appropriate officials deny that they will do it, can do it, or did do it.
 

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I (and others, I suspect) saw video of illegal seizures taking place (on Fox News). I saw video of the Police Chief specifically stating that weapons (guns) were to be confiscated, and further, that only the police and National Guard (military) could have weapons.

Could it be that elected officials are speaking of one thing while doing another? Hmmm.

(They lied).
 

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I can hear it now:
No, see what happened was that I told the officers to secure any weapons while rescuing people, and they just forgot to give them back.

Everyone just misunderstood what he meant.

The officials in New Orleans are pushing it by answering everything with "not my fault".
 

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Well my sister lived and still lives in New Orleans. Her fiance that has lived there his entire life says they are corrupt and incompetent. All the money for road improvments disappeared. The best road in NO is the worst road in Atlanta. Pick the worst pot-holed back-road in Atlanta and that is what the main road in NO is like. Side roads are worse. Oh and traffic signs such as "STOP" are suggestions only, which gives you an indication of some LEO's in NO - pre-Katrina.

His excuse for not using the busses at his disposal was that his employees probably would not come in to drive them.

This is one of the reasons I love video cameras. Not much defense when you are on the screen saying it.
 

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In Louisiana, the most corrupt politians are the most loved. Go figure.

You should see some of the roads near where my grandparents live; they look like something you'd see on the surface of the moon.
 

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Discussion Starter · #11 ·
I cannot find, however, the motion for contempt that was recently filed.

AND - I did find the order that was entered by the Judge

http://www.stephenhalbrook.com/lawsuits/nagin-order.pdf

and it looks like the NRA consented to an order in which all of the defendants admitted no wrongdoing.

:roll:
 

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Discussion Starter · #13 ·
Oops :oops:

I just assumed that was an SAF amicus brief.
 

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Discussion Starter · #14 ·
Interesting how different groups are claiming they stopped the confiscation - I guess it is fair since they are both plaintiffs, but somebody at the SAF needs to be better at PR!
 

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Discussion Starter · #15 ·
What!?!?

EVERYBODY must read that brief.

AND the attachments.

Only the New Orleans defendants are refusing to comply (the others have released firearms back to their owners). New Orleans is claiming it does not have any weapons, did not take any weapons, and never gave or received orders to confiscate any weapons (I suppose those videotapes witnessed by millions of Mayor Nagin and the Chief of Police were doctored :roll: ).

I really like the admission by the police officer, "I am not real proud of it, but if they [i.e., the guns] were nice, most of the guys kept them, if they were crap, they tossed them in the river or in the canal."
:shakehead:

These are law enforcement people.

This fits in with so much I have heard about that place.

And what is up with the police officer who seized a weapon that had belonged to the victim's grandmother and threw it to the ground, breaking the grips off?

Read the brief.
 

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I didn't read it, but I knew the original injunction had both the NRA and SAF as plaintiffs. NRA et al is what the NRA likes to say.

The thing is the NRA never (that I know of) mentions the SAF in their press releases but the SAF almost always mentions the NRA as co-plaintiff.
 

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:shock: What a read. The virtual non-attention this matter has received by the mainstream press can only betray the press' gun bias. If the subject of confiscation were ANYTHING but guns, this would be a national crisis of epic proportions.
 

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NEW ORLEANS ADMITS TO SAF ATTORNEYS THEY HAVE SEIZED GUNS
http://www.saf.org/viewpr-new.asp?id=177

The disclosure came as attorneys for both sides were preparing for a hearing in federal court on a motion filed earlier by SAF and NRA to hold the city in contempt. Plaintiffs’ attorneys traveled to a location within the New Orleans city limits where they viewed more than 1,000 firearms that were being stored.
I guess a few rogue officers collected all 1,000+ firearms. :roll:

From what I hear from my (as of last weekend) Brother-in-law is that this is the same way they handle everything down there. Do nothing and hope the problem goes away. If asked about it, blame the government, blame your hourly-paid underlings and deny everything.
 
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