I'm here, Rich. The relevent statute reads:
§724(d)(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles.
It does not however say, confiscate.
Here is a link that gives the powers of the Louisiana Government in a declared State of Emergency.
There can be no Martial Law in this state, unless in time of invasion or insurrection, the Federal Congress declares such. Even then, Martial Law is limited to the concepts embodied within
ex parte Milligan. That is, unless the Courts are affected in such a manner that they cannot operate, then Military Courts prevail. During Martial Law, the Military can act as the Police Force, but only if the Police are inoperational.
Even the right of Habeas Corpus (show/produce the body) cannot be done away with without a separate congressional declaration, again solely due to invasion or insurrection.
There is no provision in the Constitution for the for the suspension of the Constitution. Rights cannot be revoked.
Generally, states of emergency can give somewhat broader powers to the State Government, such as confiscation of private property for use of and by the authorities, but only as long as the emergency lasts. All use must be recorded so that the property may be returned or replaced to its lawful owner.
Martial law under the US Constitution and State Constitutions do not mean the imposition of a Police State. Despite what Lincoln did, which was totally unlawful, in modern America, this should not happen.
So what's the deal with NOLA? Mayor Nagin is the sole responsibility for issuing orders to confiscate weapons Orders were issued by Nagin to the Police Super.). He has no legal authority to do so. That it is being carried out, should tell us a lot about the mentality of both the NG and the Police. They will do whatever is ordered, never giving any thought as to the legality of the order.
Can't Happen In America? We are witnessing that it can.
Cameramen are not being permitted inside NOLA as of noon their time. The newsies are leaving, under force of arms.
Not only does the US Constitution bar this, but so does the LA Constitution. Yet it's being done. This is probably the seminal situation where one needs various tools of self defense and it's being denied its citizens.
You are aware that even the 3rd amendment has been violated? Yes, a squad or platoon (not clear which) had commandeered a church as its sleeping quarters? They left a note "apologizing" to the pastor for using the church.
All in all, the first 5 amendmends have been violated. I submit that you cannot trash the Constitution and remain a free society. (rephrased from
ex parte Milligan)
Any American who is not outraged by this action, is woefully ignorant of the Rule of Law. At the very least, you need to send letters of such outrage to all your federal and state representatives. I would even flood the SCOTUS with email and snail mail.
I won't presume to say what
you should be doing... Only I would ask, "what was that line that couldn't be crossed?"