Does the Mayor of New Orleans have this authority???

  • Thread starter Ken Neeley [URL]http://www.nytimes.com/2005/09/08
  • Start date
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I can't get to that site.....copy and paste the statute, please.
 
I just read the whole statute....saw nothing about confiscating firearms.
 
Ken - I read that in the paper, that PISSeS me off! IF anything, they should be ARMING the homeowners and business owners with M16's to deter the looters!!
 
According to some legal scholars on TV last night debating this, it's illegal, unconstitutional, both Federal and State, and a major abuse of power. That and troops battering American doors down should scare everyone in this country.



Bill
 
When George Carlin was asked about the new Constitution being drawn up for Iraq, his response was "just give them ours,were not using it anymore !"
 
You know, that's exactly what Hitler did. Deny the common man his firearms. We ALL know how that ended don't we.

fatrap
 
Do not give up your firearms unless you are willing to give up your freedom!!!!



Bob G.
 
Here's my take. Got into this discussion on another site.



I am a career firefighter. Several friends have been "deployed" to that area. One group has been shot at twice (or at least been in the immediate vicinity of being shot at). They are down there to save and rescue...and they are being shot at.



People have problems with firearms being confiscated and people being forcefully removed from their houses. People are being removed because it is unsafe for MANY reason: gas leaks, unstable power situation, DISEASED water!! A sworn public safety officer has the legal right to remove (by force if needed) a person from a situation they deem dangerous.



As for weapons. They are removing these people to a central locations. These people HAVE to be searched and their weapons removed/taken for obvious reasons.



All I ask is look at the "big picture". It isn't that weapons are being taken, it is that it is being done to try to protect those that are trying to save and rescue them and the people trying to rebuild their city.
 
Scoob, your safety as a firefighter, or that of any individual involved in rescue operations, is not more important than the ideas and values represented in the Constitution of the United States.



If your life and personal safety is more important than the rights of Americans, why would we ever risk a casualty in war? When we send a soldier off to war, we are clearly making a statement that the soldiers life is less valuable than the cherished ideals of our nation.



That concept carries over to any soil, foreign or domestic.



You chose a career that involves risk. Sometimes you have to save people in unsecure locations. Americans shouldn't be stripped of rights to protect a government worker's well being.



Sorry, nothing personal.



 
Rich, I agree to a point.



Yes, I put my life in harm's way for people in dangerous situations. This DOES NOT include them shooting at me in the way that has been happening.



Everyone has their opinions. Mine is that my safety is more important than some people may think. I don't think this has anything to do with the constitution, more to do with animals that are out of control and wreaking havoc.
 
Scoob, Nobody has the right to come into my house unless he is a law enforcement officer with a warrant legally signed by a judge. A sworn public safety officer also needs a warrant.

Most of the guns being confiscated were not on people but were in houses broken into by the army and police. They did take one that I saw from a store owner who was protecting his property. You know as well as I do that that store owner was NOT shooting at any police or firefighters. Now he's at the mercy of the animals. I also saw a beautiful home with a wrought (sp) iron gate and not standing in any water broken into. The army or national guard cut the lock off the gate with bolt cutters and then kicked in the front door. So, someone who evacuated and took the time to lock everything up now has their house wide open to looters to walk in.

I do agree that firefighters, emt people, helicopter rescue workers, shoud not have to go into an area where there is small arms fire going off everywhere. I do not agree that police officers, army or natonal guard personel should NOT go in. That's thier job. It's common sense. Yes you disarm rag heads and gang bangers walking down the street armed.

No you do not disarm people trying to protect themselves.

Yes it's about the Constitution. That's the paramount reason!



Bill
 
Mac,

Louisiana has no provision of Martial Law in their Constitution, and in fact, neither does the United States, except by an act of Congress....see the Posse Comtitatus Act of 1878 for more info.
 
The Gov't can do anything they want to do if/when the reason neccessitates.......they'd just deem it "For Reason's of National Security!"...LOL
 
My various readings on the topic lead me to the Louisiana Homeland Security and Emergency Assistance and Disaster Act of 2003 which uses brroad language to give the government broad powers to evacuate people and control firearm transactions in the name of public safety during a declared emergency. However, they are stretching it quite a bit...nothing that I found in the act says the can confiscate arms from citizens. See link below. I think they are making it up as they go along.



One of the things that happens when we have an event like 9/11 is the bureacracy takes advantage of pulbic fear to institute laws we wouldn't otherwise tolerate. The Patriot Act is a classic example, as is the Louisiana Homeland Security and Emergency Assistance and Disaster Act of 2003 in LA.


http://www.legis.state.la.us/lss/lss.asp?doc=85670
 
Interesting thread. I know that in Texas, it is perfectly legal to walk (or drive) around with a rifle/shotgun in your possesion. Concealed firearm, now requires a permit.



However, I'm not certain about LA or New Orleans specifically.



Regardless, if in your home, you should be allowed to have your firearms. Walking around the street may be another thing, given the prevailing laws in LA.



Tex
 
Tex,

This isn't about CARRYING them, it's about OWNING them....they are confiscating legally owned firearms from everyone....from their homes, without the people being there, and the WILL NOT get them back.
 
You're absolutely correct, Mike.

People are being conditioned by it, and I'm afraid there will be virtually no public outcry when it is needed most.
 
Ken - understand your point. I'm not saying it's right or wrong. I was just generally commenting.



During emergency situations (which I believe this falls under), the police/National Guard/etc are given broad powers on what they can do given the circumstance (in regards to search and seizure). No different than if the police or firefighters believe that someone may be in immeinent danger within a building/structure. They do not have to wait on a specific search/entry warrant to enter.



If those firearms are properly registered, it should not be a problem getting them back. That's the part that we certainly don't know as yet. I'd much rather have the weapons in a 'secure place', than have the possibililty of having looters/theives come and take them.



As usual, some of the laws (I tried to read some of them this morning), are not clear (durn near takes a law degree to figure them out).



Tex



 
FYI...Vermont does not require gun registration nor a permit to carry handguns, concealed or open carry. So.....my guns are not registered with the the state of VT. The paper work was done with the FFL when I bought them, but not all were bought here. Also, some were given to me and it's also legal here to buy from a private seller without any paperwork.



Tex, if law enforcement seized my firearms in a state of emergency, how would I be guaranteed to get them back??? Easier to not give them up in the first place. Hmmmm.... I can't seem to remember the gun safe combo!! LOL!!



Bob G.
 
The amount of people scared by this type of behavoir by the government gets less and less with each occurance, it really worries me as I think of downstream effects.
Click to expand...



I agree wholeheartedly MIke but it doesn't worry me, it scares the hell out of me.



Bill
 
I doubt LA has any type of gun registration. Most of the southern states have no state control process for buying guns. You go through the regualr federal background check when you buy a gun. The only record of the transaction is paperwork at the dealer, which is, by law, not considered a registration, and can only be used by the government to investigate specific crimes.



In most southern states, if someone gives or leaves you a gun, you don't have to register it, and it is legal to keep as long as you are legal to own it, i.e., you are not a felon.



The media describing legally owned guns as "properly registered" is just part of a misperception that guns are (or should be) controlled everywhere.
 
Rich,

That's why you'll notice in each of my posts I referred to legally OWNED firearms....not registered. ;)
 
Mike,

Sorry, I missed your earlier post.



The National Guard has nothing to do with that act....it is a Federal Act.

The National Guard serves under their respective states, not the Federal Gov't....and part of their duties are to protect the states from the Fed's, which is why the Fed's cannot take control of the Guard without the state's approval.



 
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