Bad news for the anti-gun morons in N'awlins.... - PeachParts Mercedes-Benz Forum

mikemover · #1 08-19-2006, 01:34 PM

UPDATE ON NRA'S LAWSUIT AGAINST THE CITY OF NEW ORLEANS

This week, in a landmark victory for law-abiding gun owners, Judge Carl J. Barbier of the U.S. District Court for the Eastern District of Louisiana denied the City of New Orleans' motion to dismiss NRA's lawsuit against the city. Further, Judge Barbier held that the Second Amendment DOES apply to law-abiding residents in the State of Louisiana and the City of New Orleans. Incredibly, the City of New Orleans persisted in desperately clinging to its anti-gun agenda by contemptuously arguing just the opposite--that the Second Amendment somehow does not apply to residents in the State of Louisiana and the City of New Orleans.

NRA first filed suit after Hurricane Katrina, when legal firearms were confiscated from law-abiding New Orleans residents. Former New Orleans Police Chief Eddie Compass issued orders to confiscate firearms from all citizens. With that one order, the means of self-protection that innocent victims had during a time of widespread civil disorder was stripped away.

NRA filed suit in federal court and won a preliminary injunction ending these illegal gun confiscations. After the City of New Orleans failed to comply with the court's ruling and falsely claimed that the gun confiscations never occurred, NRA filed a motion for contempt that included an order directing that ALL seized firearms be returned to their rightful owners.

After strenuously denying the illegal confiscations for months, on March 15, 2006, Mayor Nagin and the New Orleans Police Department (NOPD) finally conceded in federal court that the seized firearms were stored in two trailers. The city then agreed in court to a process by which law-abiding citizens would be able to file a claim to receive their confiscated firearms. However, few firearms were returned because the NOPD never notified gun owners how to claim their guns, and turned many away citing impossible standards for proof of ownership.

Today's ruling sets the stage for a continued legal fight in which NRA will be forced to expend additional resources to fight back the anti-gunner's blatant and shameful attempts to ignore the Second Amendment. The case will now move to discovery and pre-trial preparation.

______________________________________________________

It's INFURIATING what these jerk-offs are trying to get away with. If they had shown up at my door, they would only have taken my gun away AFTER shooting me first.

Mike

Dee8go · #2 08-19-2006, 02:40 PM

Now that the residents of New Orleans are cognizant of how "well" the government will take care of them during a crisis, I imagine gun sales should sky rocket in the future.

mgburg · #3 08-19-2006, 08:22 PM

.

"...gimme back...gimme back my bullets..."

420SEL · #4 08-19-2006, 08:27 PM

I guess this kind of thing proves that you're not necessarily paranoid if you think the government is out to get you.

t walgamuth · #5 08-19-2006, 10:10 PM

though i am generally kindof a lefty politically i am a firm believer in the right to bear arms.

i remember back when the chinese ran over protesters in tienaman square saying "that wouldnt happen in the us cause ordinary folks would have fired on the troops" or the fear of it would have stopped the troops from doing what they did.

tom w

John Doe · #6 08-19-2006, 10:23 PM

Quote:

Originally Posted by 420SEL

I guess this kind of thing proves that you're not necessarily paranoid if you think the government is out to get you.

Thats pretty funny

Hatterasguy · #7 08-19-2006, 10:33 PM

Gun control died on 9/11/01. It seems the NRA has won another, good for them. I look forward to becoming a life time NRA member in a couple of years.

This also further proves that New Orleans is run by idiots.

Mistress · #8 08-20-2006, 06:39 AM

Mistress Heather is very glad there are not any "no whip" laws on the books, deprive me of my right for life, liberty and the pursuit of happiness...On a more serious note- Everyone can see how the anti-gun laws work right in the Nations Capital, DC, why the ex-crack smoking mayor Marion Berry got held up at gun point right in his own hometown of DC!

Honus · #9 08-20-2006, 08:01 AM

Quote:

Originally Posted by mikemover

..., the City of New Orleans persisted in desperately clinging to its anti-gun agenda by contemptuously arguing just the opposite--that the Second Amendment somehow does not apply to residents in the State of Louisiana and the City of New Orleans....

I'd be surprised if that is an accurate statement of the City's position. I have no idea what about the merits on either side of this case, but if the City had made an argument that frivolous, the Judge would have awarded sanctions against the City and we would have heard about it in that article.

Jim B. · #10 08-20-2006, 08:42 AM

Quote:

Originally Posted by John Doe

Thats pretty funny

You talkin' to ME ???

mikemover · #11 08-20-2006, 12:16 PM

Quote:

Originally Posted by dculkin

I'd be surprised if that is an accurate statement of the City's position. I have no idea what about the merits on either side of this case, but if the City had made an argument that frivolous, the Judge would have awarded sanctions against the City and we would have heard about it in that article.

It is my understanding that they were claiming that it doesn't apply under "extreme circumstances", such as a natural disaster, etc... They were thinking they could declare "Martial Law", or some such nonsense.

Sorry, it doesn't work that way. There is NO provision in the Second Amendment that allows for its suspension merely because your incompetent mayor and/or police department are "stressed out".

Bottom line is: They KNOW they screwed up, and after outright denial didn't work, they are now trying to cover their collective a$$es with legal wrangling. Fortunately, the judge saw through their bull$h!t.

Mike

TwitchKitty · #12 08-20-2006, 08:12 PM

Website for New Orleans TV station

Quote:

Disgusted and furious with the lawlessness of looters who have put fear into citizens, New Orleans Mayor Ray Nagin declared Martial Law in the city and directed the city's 1,500 person police force to do "whatever it takes" to regain control of the city.

Nagin said that Martial Law means that officers don't have to worry about civil rights and Miranda rights in stopping the looters.

Under Louisiana Law there is no provision for Martial Law. There is a Public Health Emergency which is similar.

Dee8go · #13 08-20-2006, 10:53 PM

It all goes back to the naivete of thinking the government "will look after us make everything all right." Thinking like that is not how our country became a superpower, but it will be the cause of our losing that status.

Orkrist2 · #14 08-20-2006, 11:28 PM

I know absolutely nothing about LA law and their "civil code", which is what I think it is called. When I lived there (97-98), everyone had guns. Pizza delivery guys carried guns, my boss carried a gun (at work). Seemed cool enough to me. I also don't know anything about martial law, but it would seem to me that the state would have to declare martial law, not the municipality. Am I right about that?

Botnst · #15 08-21-2006, 08:57 AM

Quote:

Originally Posted by Orkrist2

I know absolutely nothing about LA law and their "civil code", which is what I think it is called. When I lived there (97-98), everyone had guns. Pizza delivery guys carried guns, my boss carried a gun (at work). Seemed cool enough to me. I also don't know anything about martial law, but it would seem to me that the state would have to declare martial law, not the municipality. Am I right about that?

IIRC, the mayor requests martial law of the governor. "Martial" meaning military, out pops the NG. What does the NG know about policing? Next to nothing. That's why they are called out only when things are so bad that law enforcement is so ineffective that life and property cannot be protected. This is also precisely the time when law-abiding citizens need the tools of self-protection--not when things are warm and fuzzy.

It's worth reminding everybody what it was like during those first two weeks in NOLA.

The Chief of Police was, on national television, repeating unchecked rumors of rape and murder on a massive scale, even child rape. Reporters heard gunshots and saw armed people in the streets, seemingly corroborating the chief's reports. The reports were so awful and the local and state reports so awful that the President asked the governor to federalize the problem, which she refused to do, preventing the fed from taking-over. Instead it was run locally and by teh state, which had not been getting along bureaucratically even before the storms.

By the way, FEMA is NOT MANDATED to take over a local emergency. that is still a state and local function. FYI, FEMA is supposed to provide an emergency conduit for local and state access to federal assets. It is not supposed to take over emergency ops. In NOLA the state and local operations were so ineffective that there was NO chain of command. The local police force essentially walked off the job and the mayor flew to Dallas to buy a house and the governor went on national TV weeping about how the federal government wasn't doing enough.

The President then sent in the 82nd Airborne to back-up the local NG commander (who really did have his feces organized better than his boss did) and also sent in a no-BS general officer to work with the Coast Guard Admiral in rescue and policing.

During all of this fiasco, the NG and law enforcement people (remember city police had deserted, pretty much) believed the reports of armed gangs and murder. So they confiscated weapons whenever they found them.

What I am saying is that I think the confiscations were wrong. And given the reality of the actual crime situation, confiscation was factually unwarranted. But fear ruled and reason often flies in the face of fear, as the NOLA cops.

OTOH, given the total breakdown of leadership and the lack of factual information, if I were an NG officer I would've directed my soldiers to confiscate weapons. Soldiers are not policemen, the mindset is totally different. As a soldier you don't want to give your enemy the ability to resist.