New Orleans Gun Seizures Allegedly 'Creating More Victims

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New Orleans Gun Seizures Allegedly 'Creating More Victims'
By Jeff Johnson
CNSNews.com Senior Staff Writer
September 14, 2005

(CNSNews.com) - Few people objected when police began gathering firearms they found in abandoned New Orleans homes, to prevent them from falling into the hands of criminals. But one gun policy expert says confiscating guns from law abiding citizens who remain in the city is increasing the danger posed by criminals.

New Orleans Police Superintendent P. Edwin Compass III explained Sept. 9 that the impending mandatory evacuation of the city was truly mandatory, this time, and that residents had to leave for their own safety.

"Individuals are at risk of dying," Compass told The New York Times. "There's nothing more important than the preservation of human life."

But many residents, whose neighborhoods were undamaged by either Hurricane Katrina or the resulting flooding, do not want to leave. Most fear looters will damage or destroy anything they cannot steal and some of those citizens have armed themselves.

New Orleans police and law enforcement officers from hundreds of other agencies assisting them found hundreds of firearms left behind by residents fleeing the hurricane who probably expected to return to their homes, and their guns, within a few days. The search for the abandoned guns began after criminals fired on police and U.S. Army and Coast Guard rescue helicopters.

City officials then announced that they would, at some point, begin forcibly removing residents who refused to leave the city. Compass explained that the gun confiscation order had also been expanded to include weapons possessed by law abiding citizens, even those with valid, state-issued concealed weapons permits.

"No one will be able to be armed," Compass told the Washington Post. "Guns will be taken. Only law enforcement will be allowed to have guns."

John Lott, resident scholar with the American Enterprise Institute and the author of "More Guns, Less Crime: Understanding Crime and Gun Control Laws," told Cybercast News Service that he is "very disappointed" with the decision by New Orleans leaders.

"The question is, 'Are the police there able to protect people?' And I think he would have to be one of the first to acknowledge that the police simply aren't capable of protecting the people who are there," Lott said. "One thing that this hurricane has shown is that people are ultimately forced to protect themselves. It would be nice if the police were available to go and protect everybody, but they're not."

Police were forced, Lott said, to choose between rescuing hurricane survivors and enforcing the law. The necessary choice, he believes, left unarmed residents defenseless.

"They just weren't able to do both and many people were falling victim to criminals," Lott argued, "You had roving gangs going around and it's not really clear what else you would have advised someone to do other than having a gun for protection."

Lott said he is also disappointed that police appear to be engaging in "selective" gun confiscation. After Compass expanded the original order, the New York Times reported that it, "apparently does not apply to the hundreds of security guards whom businesses and some wealthy individuals have hired to protect their property."

Police officials would not respond to reporters' questions about allowing the guards, who are private citizens with firearms training similar to concealed weapons permit holders, to keep their guns.

"They seem selective in ways that are a little bit hard to fathom in terms of who they let have a gun," Lott said, adding that many wealthy individuals were also apparently being allowed to keep their firearms. "Lots of people who live in the poorest areas there probably needed the most protection."

Lott said the police are "running a real risk" by taking away the only protection some New Orleans residents have from criminals.

"There are obviously bad people there who have guns. But, to take away the guns from the law abiding citizens - so that they can't protect themselves from those same people that the police are worried about - I don't think makes much sense," Lott concluded. "You're going to end up creating more victims and easier targets for criminals to attack."

Second Amendment advocates blast New Orleans policy

A number of pro-gun groups blasted the gun confiscations as "unconstitutional," "illegal" and, even, "the sin of arrogance."

Alan Gottlieb, of the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA), is demanding a federal investigation of the actions.

"I also want to know under just what authority New Orleans officials are confiscating lawfully-owned firearms from law-abiding citizens," Gottlieb said in a press statement. "Where does it say that the state and federal Constitutions can be nullified, even briefly, simply because of a hurricane? In every other natural disaster this country has ever faced, people retain their civil rights, including the right of self-defense, but New Orleans and Louisiana state officials have added the sin of arrogance to incompetence and negligence for which they must be held accountable when this is over."

Erich Pratt, communications director for Gun Owners of America, explained his disagreement with the policy by recounting the story of New Orleans resident Charlie Hackett.

"[H]e and his neighbor, John Carolan, stood guard over their homes to ward off looters who, rummaging through the neighborhoods, were smashing windows and ransacking stores," Pratt wrote.

"It was pandemonium for a couple of nights," Pratt recalled from Hackett's description of the incident. "We just felt that when they got done with the stores, they'd come to the homes," Hackett told Pratt.

According to Pratt, armed looters did target Carolan's house, demanding his generator, but departed when Carolan showed them that he was armed.

Pratt recalled the Los Angeles riots of 1992, when scores of businesses were burned by protesters angry over the acquittal of police officers accused of beating Rodney King.

"But not everybody in Los Angeles suffered. In some of the hot spots, Korean merchants were able to successfully protect their stores with semi-automatic firearms," Pratt said. "In areas where armed citizens banded together for self-protection, their businesses were spared while others (which were left unprotected) burned to the ground."

Wayne LaPierre, executive vice president of the National Rifle Association (NRA), said the civil disorder in New Orleans is "exactly the kind of situation where the Second Amendment was intended to allow citizens to protect themselves.

"When law enforcement isn't available, Americans turn to the one right that protects all the others -- the right to keep and bear arms," LaPierre said in a media release. "This attempt to repeal the Second Amendment should be condemned."

Louisiana law allows officials to "regulate possession" of firearms during a declared emergency, but the NRA's chief lobbyist, Chris Cox, argued that "regulation" and "confiscation" were not the same in the eyes of the law.

"Authorities are using that statute to do what the looters and criminals could not," Cox added, which is to "disarm the law-abiding citizens of New Orleans trying to protect their homes and families."

All three organizations said they were pursuing legal options to stop the confiscations and force the city to return firearms to any citizen who had not violated the law when their gun was taken.

http://www.cnsnews.com/ViewNation.asp?Page=\Nation\archive\200509\NAT20050914a.html
 
I saw that today.

Alan Korwin takes it one step further with some handy phone activism...
Prison Time For Gun Confiscators?


by Alan Korwin, Author
Gun Laws of America


Sometimes called "a novel legal theory" -- and a simple and fair response to gun confiscations in Louisiana:

Indict officials who violate the Constitution and trample fundamental rights.
Use basic civil-rights laws against these alleged gun-rights offenders --


Federal law 18 USC § 241. "Conspiracy against rights"

The Gist: If two or more people conspire to injure, oppress, threaten or intimidate any person in the free exercise or enjoyment of any right or privilege secured under the Constitution or laws of the United States, they shall be fined, or imprisoned up to ten years, or both. The same penalty applies if two or more people go, in disguise, on the highway, or on the premises of a person, with similar intent to prevent or hinder such rights or privileges.

If death results from such acts, or if such acts include kidnapping, attempted kidnapping, aggravated sexual assault, attempted aggravated sexual assault, or an attempt to kill, they may be fined, imprisoned for any term of years up to life, or put to death. (See also 18-242, 18-1001 and 42-1983.)

------------------
Verbatim text of statute:
18 USC § 241. "Conspiracy against rights"
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured?
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death. [Notes: June 25, 1948 (171 words); Title 18. Crimes and Criminal Procedure; Part I: Crimes; Chapter 13: Civil Rights.]
------------------

Action You Can Take:

1. Hello, I'm a local resident and I have a question for my Senator (or Congressman). pause, listen

2. It concerns civil rights. Have you heard about the gun confiscations in Louisiana?

3. Let me email you some background that will make this easier, is that OK? Then I could call back. (Email any or all of this message as you see fit.) How do you spell your name?

4. I learned that there is a federal law, "18 USC 241" that provides a ten-year prison sentence for anyone who interferes with, and I'm quoting, "the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States."

Where do you think the Senator would stand on indicting the apparently illegal gun confiscators? pause. So would the Senator support disarming the public during emergencies?

WARNING: They will likely balk, tell you it doesn't apply, say you're wrong or make many other excuses. Do not accept that. I'll help you if some excuse seems impassable; they're not, I've heard a ton, they all fall once you look closely. Insist on enforcement of the plain clear language of the law. The authorities are not above the law, and they must be brought to justice.

Just fair play.
 
Not to be a downer:

1. Nothing is going to happen

2. The LEO's, the Mayor, and the Governor will get a pass and most likely a few medals.

3. The Federal Government won't do anything, it's well within their plans.

4. Nothing is going to happen.

I hope that some here, or time, will prove me wrong.

I base my thoughts on two (there are more) incidents that have been publicized:

1. Ruby Ridge
2. Waco

Wayne
 
I disagree Wayne.
Louisiana voters will take care of this.
Mayor Nagin will be gone next year, Mr. Compass will be gone when the mayor goes. A box of rocks could defeat Gov. Blanco in 2007. The real surprise will be Mrs. Landrieu and her brother Mitch. Lt. Gov. M. Landrieu will be sent packing in 2007, Sen. Mary Landrieu will be gone in 2008.

Expect all manner if dirty skeletons to emerge from closets as enemies find concrete charges for indictments. I doubt Edwin Edwards could survive this political storm.

There is already a concerted effort to postphone New Orleans elections, and/or to disqualify New Orleans voters who were evacuated to other states from voting in the 2006 election.

In response to questions from reporters, Nagin issued a warning to would-be criminals plotting a possible return to the city. "We've got a drug-free, violence-free city now, and our intent is to keep it that way," he said.
Nagin added that the Police Department "is not taking any crap," and added that military and police units from around the country remain in force. About 1,350 of roughly 1,700 officers from the NOPD have been accounted for, Nagin said.
The various law enforcement personnel have an impressive arsenal, containing everything from M-4s to M-16s to night-vision goggles, Nagin said. "They might even have a couple of bazookas they're saving for special people," he quipped. "So if you're coming back to this city and expecting it to be what it was before, we have a rude awakening for you."
So many cops and soldiers are in town that the city is actually "over-resourced" in that area, Nagin said. He said it might soon be time to allow some of the law enforcement officers to leave, adding that he expects a military presence to remain indefinitely. :eek:
Link
 
"The question is, 'Are the police there able to protect people?' And I think he would have to be one of the first to acknowledge that the police simply aren't capable of protecting the people who are there," Lott said. "One thing that this hurricane has shown is that people are ultimately forced to protect themselves. It would be nice if the police were available to go and protect everybody, but they're not."


thats ALWAYS the case. the police dont protect anyone really. they write some tickets and solve some crimes, thats about it.

i dont know why the evacuees would leave behind thier guns anyways(those who were able to leave on thier own), my guns surely would not be left behind. my insurance policy has a $2500 cap on firearms, that wouldnt cover mine.
 
The voter will remember this....

In Texas Gov. Ann Richards thought she knew what was best for Texas Citizens when it came to firearms. The last time I saw her was on televison doing a snack foods commercial.

Here in my area we had Cong. Jack Brooks who had been in Congress for years and was perhaps on of the most powerful in Congress. He made a deal about firearms regulations to gain college funding for a local university. The election was just a month or two later... he was not reelected depite being the candidate predicted to win.

I am prety sure any Mayor who restrict and coniscates guns when citizens need them is going to get get some payback form the voters... Might work in New Yawk City.....but in LA :eek:

I see Nagin goin down.........cause the NRA aint gonna give him a good rating. I see them trying to bust his balls in the next election and Bubba is probably going to help. Probably three things in our neck of the woods you dont mess with... a man's wife, guns, dog and his fishing gear and boat if he has one.
 
I think that Nagin has already seen the light. I heard on Fox radio yesterday that he had bought a house in Texas and enrolled his kid(s) into school.

I don't think he's going to go back.

As for turning NO into a "police city", that will kill off their tourist industry once they get it back on line. No one wants to go and party and then get busted left and right.

As for the inane comment about the city being crime and drug free, what is that guy smoking? As long as there are people, there will be crime and drugs.

Wayne
 
Activism takes some initiative

And the desire to do what's right, no matter the cost to the individual.

That is where we fail as Americans. We sit on our butts and then worry about what we could lose if we go against the grain.

As we watched the elderly lady get tackled by the CHP, we express our anger but where are we, sitting here behind our computer keyboards. As we threaten to write letters and "give them a talking to", our government as well as theirs (state level) will continue to do what they wish.

As we sit here and worry about what happened to this lady, and her dogs, we will still just get on the boards, watch our tv, and then go to work when you're on shift.

Quite honestly, we Americans have become quite complicant when it comes to things like this. Our outlet for anger now comes from behind the protective glow of a computer, a screen, and a keyboard. As we think of the next gun that we may buy, the next vehicle, or that problem at work, all we do is watch Fox (or your fav. news channel) and bitch about all that is wrong and then continue on.

I also, am guilty of the same.

Then you see the excuses pop up, "but I have a family", and "I don't want to endanger my kids", so we just allow the things to continue on and hope and pray that it all gets better so that our kids have it all nice and like it was. Yet we all know, without action, it's just going to get worse. Basically, we are just slowing the hell that our kids will face but at what cost to their kids?

Quite honestly, all I have that I need to care for are people older than I, my Grandmother and my Parents. I then only need to care about my life which will most likely end within the next 30 or so years. I don't have any children that I need to worry about their futures, yet I'm seen many pictures of children of fellow gun owners on the boards to have a sinking feeling when I think of what their future may hold.

The American people will scream and bitch. They will turn over and vote for the "other" party because they are mad at the current "party", they will continue to be used so that one or the other will always hold power, and surely, no matter the party, the road we are going down will continue and we shall become nothing more than what others have become, slaves to the government.

And I put the odds at 100 to 0 that it will happen. Maybe not in our life time, but it will happen to your children and theirs.

All this time, the anti's use the "for the children" excuse. Well, in this fight, it really is for the children.

Wayne

/end rant (sorry, in a rant mood today).
 
From the Left Field Department………..

Thanks, Rick D., for posting the federal “Conspiracy Against Rights” law. I have not been able to find this, but knew it was out there somewhere…..
:)
 
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