Suit Filed to Halt New Orleans Gun Seizures

This is the only way to get the attention of these officials.
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Try Malfeasance in office. We are talking potential prison here. That ought to catch Mr. Compass' and Mr. Riley's attention. Expect the finger pointing to go all the way uphill to Gov. Blanco.

Louisiana Malfeasance in office law
LA R.S. 14:134

Malfeasance in office is committed when any public officer or public employee shall:

(1) Intentionally refuse or fail to perform any duty lawfully required of him, as such officer or employee; or

(2) Intentionally perform any such duty in an unlawful manner; or

(3) Knowingly permit any other public officer or public employee, under his authority, to intentionally refuse or fail to perform any duty lawfully required of him, or to perform any such duty in an unlawful manner.

Any duty lawfully required of a public officer or public employee when delegated by him to a public officer or public employee shall be deemed to be a lawful duty of such public officer or employee. The delegation of such lawful duty shall not relieve the public officer or employee of his lawful duty.

Whoever commits the crime of malfeasance in office shall be imprisoned for not more than five years with or without hard labor or shall be fined not more than five thousand dollars or both.
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I am already a member, but today I am going to write Mr. Cris Cox of the NRA-ILA another check. This is good work on the part of organization, for the benefits of us gun owners.
 
This has made the Washington Times

http://washingtontimes.com/national/20050922-111326-6278r.htm

Groups call arms seizures 'arbitrary'

By Joyce Howard Price
THE WASHINGTON TIMES
September 23, 2005

Two national gun rights groups yesterday joined individual Louisiana gun owners in a federal lawsuit to stop authorities from confiscating firearms from private citizens in the aftermath of Hurricane Katrina.

The National Rifle Association (NRA) and the Second Amendment Foundation (SAF) filed a motion in the U.S. District Court for the Eastern District of Louisiana, seeking a temporary restraining order to halt the seizures of guns from law-abiding citizens. They described the confiscations as "arbitrary," "without warrant or probable cause" and thus "illegal."

New Orleans Police Superintendent P. Edwin Compass III "completely overstepped his bounds ... when he announced two weeks ago in the New York Times that only law-enforcement personnel are allowed to have weapons," Wayne LaPierre, executive vice president of the 3-million member NRA said in an interview yesterday.

The police superintendent's comments were echoed by the city's Deputy Police Chief Warren Riley, who told ABC News: "No one will be able to be armed. We are going to take all the weapons."

SAF founder Alan Gottlieb called the gun seizures "outrageous" and "illegal." He said New Orleans officials have refused to tell gun rights groups why they are now leaving citizens, already devastated by the Category 4 hurricane, "defenseless against lingering bands of looters and thugs."

They "left us with no recourse" but litigation, Mr. Gottlieb said.

Mr. LaPierre noted TV news coverage showing law-enforcement personnel going door-to-door to seize guns from New Orleans-area residents -- an action he said is unprecedented in U.S. history. The NRA official said he's talked to "hundreds of people who are enraged" about the new policy.

Given the lawlessness in New Orleans, residents who remain in the storm-ravaged area there need their guns for protection, said Mr. LaPierre.

"Things are worse at night, and people say their gun is the only source of comfort they have, the one thing they can depend on to save themselves and their families," Mr. LaPierre said, noting that a "third of the New Orleans Police Department walked off their jobs" during the Katrina emergency.

"In fact, the Second Amendment has really been the underpinning for [New Orleans] citizens to stay alive," he said.

Opponents of private gun ownership often say that public safety is their goal, "but in New Orleans, there was a complete collapse of government's ability to protect anyone," Mr. LaPierre said. "Citizens could only count on the looters, robbers and rapists."

Attempts to reach the New Orleans Police Department yesterday about its gun confiscation policy were unsuccessful.

Plaintiffs in the suit against the City of New Orleans are two local gun owners. One, whom Mr. LaPierre identified as Buell Teel, was on a boat rescuing people. "To protect himself, he had a firearm on the boat," which police saw and seized, Mr. LaPierre said.
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The story made the Washington Times.

I suspect there are more than the two instances mentioned in this story, but they are not needed to petition the court for a restraining order. Additional instances will emerge later. The present goal is to reestablish the 2nd amendment in New Orleans, and make it safe for law abiding civilians and LEOs alike.

Plaintiffs in the suit against the City of New Orleans are two local gun owners. One, whom Mr. LaPierre identified as Buell Teel, was on a boat rescuing people. "To protect himself, he had a firearm on the boat," which police saw and seized, Mr. LaPierre said.
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Get out the check books guys, this has to be stopped here and now. They get away with it and its Katy bar the door the next time. Like in TX?
 
I usually don't advocate suing people (they are often frivolus). But in this case I hope the NRA dishes outOne Royal Major Leage Butt Reaming!!!
 
The SAF and NRA stepped up to the plate. If only one law abiding person had their gun(s) confiscated, the message must go out to government/law enforcement that this should not be done again. When the ground stops shaking, I don't want to be at odds with the local police and N.G.
 
NRA versus NOPD - NO CONTEST!!!!!

Speaking of getting your butt kicked in court:

New Orleans Police Can`t Disarm Evacuees

U.S. District Court Judge Jay Zainey has ordered New Orleans police to stop taking firearms from law-abiding people and return any they took in the wake of Hurricane Katrina. Wayne LaPierre, NRA executive vice president, said his group documented 30-40 cases of people having their guns taken away. "In many cases, it was from their homes at gunpoint. There were no receipts given or anything else at a time when there was no 911 response, and these citizens were out there on their own protecting their families," he said.

Read About It: Houston Chronicle

POSTED: 9/26/2005

Note: Many news sites archive stories after a short period of time. If the link above is expired please contact the site for information about accessing this story.

Now the Mayor and the head of the NOPD Gestapo are claiming no such order issued, etc. etc. Go figure, all Democrats, got caught going way outside their legal authority, now caliming it didn't happen. Wha a surprise. Cue the VIDEOTAPE, please. These people are pitiful. Half the NOPD moved their command posts to Alabama, and the ones left behind get to act like nitwits.

Daily updates on this at nraila.org, or there's a live newsfeed at www.slugshooting.com/id18.html That's the ASSA NRA page. No charge for the truth, free to non-members too! :D
 
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