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New Orleans Mayor Admits Illegal Gun Confiscation
- Text size
National Rifle Association of America
October 14, 2008
Fairfax, VA-After a three-year legal battle over the unconstitutional confiscation of lawfully owned firearms, the City of New Orleans has agreed to settle a law suit by the National Rifle Association (NRA). A permanent injunction has been issued against the city, Mayor Ray Nagin and current Police Chief Warren Riley. The Second Amendment Foundation assisted NRA in the legal battle against Mayor Ray Nagin and the City of New Orleans.
- A d v e r t i s e m e n t
“Today’s outcome is an important victory for the citizens of New Orleans and the Second Amendment,” said Wayne LaPierre, NRA’s executive vice president. “We fought for three long years in a fundamental legal challenge to assert the inherent self-defense rights for law-abiding citizens, knowing the Constitution would prevail. Today it has prevailed and freedom has won.”
Judge Carl J. Barbier presided over the U.S. District Court for the Eastern District of Louisiana. Judge Barbier signed the permanent injuncation against the City of New Orleans. The city admitted the firearm confiscations carried out by Nagin and Riley were unconstitutional and illegal.
Under the terms of the injunction, Mayor Ray Nagin, Police Chief Warren Riley and any agents or employees of the City of New Orleans shall:
· cease and desist confiscating lawfully-possessed firearms from all citizens;
· make an aggressive attempt to return any and all firearms which may have been confiscated during the period August 29 to December 31, 2005;
· within one month of the settlement, post on the City website the procedure for the return of confiscated firearms. This notice must include an interactive form for those claiming firearms to fill out, resulting in timely transmission of the information to the appropriate official. All other information on claiming a firearm will also be included on the site.
· within one month of the settlement, the City must mail notices to all individuals who are identified on the property tags of firearms in the City’s possession which were confiscated during the aftermath of Katrina.
“On behalf of the lawful gun owners of New Orleans, NRA is pleased with this outcome,” said Chris W. Cox, NRA’s chief lobbyist. “We thank Judge Barbier for his leadership and constitutional scholarship in presiding over our lawsuit. NRA will continue to aid however we can in the full return of all the firearms confiscated by the City.”
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October 14th, 2008 at 11:06 am
YES YES YES! Wonder why that is? I don’t understand this move, hide and watch!
October 14th, 2008 at 11:09 am
try it…. it just aint going to happen…. “cold dead hands….period”
October 14th, 2008 at 11:11 am
It’s nice to come here and read some good news every now and then.
Way to go NRA. =)
October 14th, 2008 at 11:13 am
Well it is about time. Congrats to the NRA for pursuing this and winning! Nagin is such a player. He is a former regional director for Cox Communications. The Constitution reigns.
October 14th, 2008 at 11:14 am
Gee, I hope I dont have to sit in a FEMA Camp for 3 years while my lawyer trys to get me out. Laws to these people are like lies, just go ahead and tell them and worry about the consequences at a later time. The Mayor and the Chief of Police of N.O. need to go to prison for stepping all over the Bill of Rights, then maybe others will think before they take away our rights.
October 14th, 2008 at 11:15 am
I can’t believe these people still have not had their firearms returned to them yet. Can’t wait to see
how many are missing.
October 14th, 2008 at 11:15 am
Cold dead hands? Dude, it did happen. I dont think this is so much a victory as it is preperation for whats to come. Now they got you believing that you will get them back. They gave them up with their warm alive hands
October 14th, 2008 at 11:18 am
What!? No REMOVAL FROM OFFICE? NO FINES? NO JAIL TIME?
THE MAYOR OF A MAJOR U.S. CITY HAS BEEN FOUND GUILTY OF VIOLATING THE CONSTITUTION and just has to give back the property that he stole? The Chief of Police carried out the order and he is still in office as well?
AT THE VERY LEAST THE MAYOR AND POLICE CHIEF SHOULD BE REMOVED FROM OFFICE AND HEAVILY FINED. If a citizen (or as they call us now – civilians) went on a stealing spree and got caught, would we be given the option of just making an “agressive attempt” to return everyone’s property?
Unbelievable!
October 14th, 2008 at 11:25 am
this is no victory. it is just a little pressure relief.
October 14th, 2008 at 11:26 am
one more comment – is that a real picture of Nagin at some type of gun show pointing an AR-15 at his cop buddy? If it is real, this just shows how fucking stupid this guy really is when it comes to guns!! NEVER, NEVER POINT A GUN AT SOMEONE UNLESS YOU INTEND TO SHOOT THEM. It does not matter if its not loaded, has the safety on, etc. Only time you’d do that is if it is an actual dummy gun (solid plastic or wood) that is used in martial arts/self defense training.
I find it funny (and sad) that people that are against guns have no fucking clue about them.
October 14th, 2008 at 11:27 am
http://www.aniboom.com/video/2.....ll-speech/
October 14th, 2008 at 11:31 am
Fill out a form on-line with the serial number of all the guns confiscated from me. When they are returned, presto! forced gun registration.
October 14th, 2008 at 11:35 am
Nice. So now we give up our firearms only to sue in court to get them back???
This ruling is BS! Those involved in confiscation of firearms should be LOCKED UP!
October 14th, 2008 at 11:35 am
Where is the bullet that states the jail time, per occurrence, for those individuals that were responsible? This includes Nagin, Riley and each individual police officer, military person, etc..
October 14th, 2008 at 11:37 am
#7 I agree. Let’s just hope that when they try it again, people will not be so easily persuaded to give up their rights. Actually let’s just hope they never try it again so no one has to choose between letting them take away your rights, or letting the bullets fly and saying fuck you to true criminals in office who are the real terrorists that hate you for your freedom.
October 14th, 2008 at 11:40 am
Grandma…. the minute you purchased the guns you were registered. It has been that way for fifty years. Just that now they have a nice new hideous agency DHS to help centralize that info. Not that it will matter. This empire and attempt at socialism will not succeed. I have said this so many times, there are about 1,100,000 military personnel and 800,000 police in the United States. There are approximately 200,000 Black Water personnel total. So…. doing the math on this if we can even get 10% of our population to be displeased with this society there is no way in hell they could fight that type of force. Organization and strategy is absolutely essential. We need to be aware of ourselves at all times.
Hoorah and Semper Fi!!!
October 14th, 2008 at 11:45 am
#14- Then end up in prison for the rest of your life or dead just like they want you too! Its not the police that we need to take out, its the higher elite. Our police are brainwashed and only until we get rid of the people triggering them to do this will we start being america again.
October 14th, 2008 at 11:46 am
So what happens to the tyrannical bastard Nagin? Nothing? He just walks?
That’s American “Justice” for ya.
October 14th, 2008 at 11:53 am
BS! 3 years! What if these gun owners were hurt or killed because they could no longer protect themselves during the chaos… NRA is full of it, “mail notices” to where? Most of their homes are gone! Where is the justice? Only more corruption.
2 years ago I had a domestic violence call(arguement, no one was hit or threatened). Local police came and took me along with all my Guns. They had no case and dropped the charges and released me… not my weapons. It took me 3 months and clearance from the Dept. of Justice to get them back. I have a clean record and am a law abiding citizen… lets see what happens here.
October 14th, 2008 at 11:59 am
The NRA is a joke. Victory my ass! I had my name removed from the membership rolls last week when they officially endorsed McCain. I remember when the gun confiscations began in New Orleans. The NRA stated on its website that it was looking into the matter before taking a position. It was only after the NRA membership raised hell that the NRA leadership did anything. What was there to look into? It was ridiculous. I knew something was wrong with the NRA leadership when their only criticism of the gun confiscation was related to the fact that the police could not guarantee public safety, so guns shouldn’t be confiscated. It became clear to me that a police state is entirely acceptable to the NRA.
The NRA’s claim that the Heller decision was a victory is also misplaced. The most disconcerting element of Scalia’s opinion was the Court’s affirmation of the President’s right to enlist private militias for law enforcement, i.e., Blackwater–the new incarnation of the SS. The NRA leadership are traitors. The Gun Owners of America (GOA) is the true defender of the Bill of Rights and the Constitution.
October 14th, 2008 at 12:22 pm
I am FURIOUS at the NRA. I am ready to cancel my membership. Next year I’m giving my money to the GOA. People, its getting the time to where we are all going to have to make a decision. It’ll take ONE incident where cops die in a hail of gunfire on someones porch, to give these stupid “officials” to get it in their heads, gun confiscation is going to carry a HEAVY PRICE, their LIVES.
October 14th, 2008 at 12:35 pm
the NRA was ALWAYS part of the agenda since it’s “con”-ception….I would love to see someone prove any different.
October 14th, 2008 at 12:35 pm
Carter, you pansy…..abdicating your right of self-defense to the government. Instead of empowering the citizen, you would prefer to strip him of his power and empower the government instead? Are you sure you have American blood in you? Or did it all run out with the piss that ran down your pants?
October 14th, 2008 at 12:35 pm
A victory FOR Constitutional Amendment # 2, as it should be according to the directions of the SUPREME LAW OF THE LAND! MAINTAIN YOUR RIGHTS, ALOT OF GOOD PEOPLE SACRIFICED THEIR LIVES TO KEEP US FREE…BE HUMBLE AND APPRECIATIVE! Peace.
October 14th, 2008 at 12:46 pm
WINNER!!! You just won back 2nd amendment ^_^. I think this is a great win on there part. ( except the paper work @_@ srsly who likes paper work. )
October 14th, 2008 at 12:48 pm
#15 being an individual acting as an individual yes your done, But I believe that if enough people push back at the government to take back our country, the jail cells and a noose will be waiting for the criminals in government, not the citizens. I never said it would be an easy choice. That’s for individual to figure out for themselves.
October 14th, 2008 at 12:50 pm
Bastards.
October 14th, 2008 at 12:52 pm
from my comment on #26, I meant a reply to #17
October 14th, 2008 at 12:59 pm
What the hell are they both laughing over in that picture? Perhaps it is something like, “We had the guns for three years, and we don’t even have to make civil monetary restitution, just give them their stupid guns back and this court judgment”. Not funny Nagin. The fact that he was reelected says it all about NOLA.
October 14th, 2008 at 12:59 pm
Comment #5 I agree entirely, those in politics who attempt to dissolve the US Constitution MUST go to jail!
October 14th, 2008 at 1:10 pm
They forgot to implement one important point to add to the “list presented by the court”, which would insure that this never happens again… The gunowners right to fire on anyone attempting to confiscate their firearms and property, THAT MEANS ANYONE! Otherwise, these bastards will do it again, do you really think that a fine, paid by taxpayers, really impacts them? Perhaps allowing the citizens to sue the individual poice chiefs, police, soldiers, or politicians responsible for such stupidity! Has anyone else noticed that when these police “so called firearms experts” and their media mouth pieces always handle their weapons like children and jokingly point them at each other, such as in the articles photo? I’ve seen firsthand how firearms ignorant many police truly are. Years ago I had a policeman (hated by locals) that pulled me over after bird hunting (I had my hunting dog and a stack of dead birds in the back seat) and said “We had reports of someone in a white Chevet making threats, which is why I stopped you”, but I was in a grey toyota, he then proceded to look into the barrel of my shotgun while pumping the action and pulling the trigger! All I could think was “My God this idiot is going to shoot himself with my gun and I’ll get blamed”, a few months later he was shot by an old woman he was harrassing, sadly it wasn’t fatal and he still terrorizes people daily, even after being beaten several times. I’m soo sick of seeing these jackasses telling all of us what to do with our second amendment rights, all the while showing staggering incompetence and ignorance of basic firearms safety. I will laugh my head off when the day comes and one of these morons shoots the other on live T.V. while preaching their expertese.
October 14th, 2008 at 1:15 pm
I pray to god that they come and try to get my guns. Our goverment is so scared of the american people and they should be. People are starting to wake up. I just hope we can get them before they get us. Its time to take our country back, i hope it happens soon. I would rather die then loose my freedom and my familys freedoms. Im ready. There will be a time when it will be to late.
October 14th, 2008 at 1:20 pm
If someone is convicted of robbery, they have to return whatever was stolen AND serve a punishment. Doesn’t look like to me that anyone is being punished here.
October 14th, 2008 at 1:32 pm
Fuck these pigs! All of you cops that particpate in taking away our guns and being complicit in taking away all of our rights just ask yourselves this: Will I murder my family,freinds and my neighbors for a bunch of Satanic filthy scum just so nothing will happen to myself? If your answer is yes then GOD have mercy on your soul ,your going to need it . Rise up Wolverine’s , RISE UP!!!
October 14th, 2008 at 1:39 pm
To any cops or law enforcement people that read this: are you going to be a traitor to your country by taking our guns or any of our rights away? Are you going to murder your family ,freinds and neighbors on the orders of the NWO?
October 14th, 2008 at 1:42 pm
#23 Vic – Did you read #21 Carter’s comment? I think you misread it, or misinterpreted what was said.
October 14th, 2008 at 1:56 pm
Violate your oath of office, the Supreme Law of the land and what happens? The TAXPAYERS get to pay! The attornies get paid by the taxpayers, the fines get paid by the taxpayers, the Governer and Mayor get to keep their jobs, not one person who stole the guns is charged- NOTHING.
This is a victory? No, its more crime on the people. Try to take my guns and you will be shot I do not care what uniform or badge you are wearing, you WILL GET SHOT. THAT GOES FOR ANY OF MY RIGHTS.
October 14th, 2008 at 2:57 pm
This will make governments even more disregarding of the constitution, they can just say “we’ll do what we want and just let the courts sort it out” if there is no fear of punishment by the legal system.
October 14th, 2008 at 3:42 pm
I wonder what would have happened if they just let everyone keep their guns during Katrina? http://www.youtube.com/watch?v=vPS7ksrKk8Y
October 14th, 2008 at 4:51 pm
RYAN 33
you are right
time for a revolution ???
October 14th, 2008 at 5:50 pm
what a bunch of Niggins.
October 14th, 2008 at 6:06 pm
What? No indictments? Then this was all a show and a sham. It’s meaningless to say, after the fact, “Whoops, we shouldn’t have done that.” If no one goes to jail for this, if no one is fined severely, then this is the hollowest of the hollow. If no one is punished – this will happen again! And again! And it will get worse each time. It has so far…
October 14th, 2008 at 6:40 pm
Hey Angry American.
“Niggins” You are an ignorant POS. Why give into the temptation to slander and make yourself and the rest of us look stupid with your racist crap. Go write it in your blog where you don’t represent the rest of us and stop typing it here!
October 14th, 2008 at 7:09 pm
LOL, and the sheeple were disarmed for 3 years waiting for a court to decide if the second amendment means police can’t come sieze firearms because a mayor says so ! LOL
3 years is more than long enough to implement everything a dictator wants. This type of activity is sure to be repeated.
October 14th, 2008 at 8:44 pm
I wonder if people who had antique firearms or rare firearms taken from them will ever see their weapons again. I remember reading a story about a man who had a rare shotgun confiscated, only to have a different shotgun, one of significantly lesser value returned to him.
October 14th, 2008 at 8:49 pm
Yes, this has happened and everyone that is blogging about it let it happen. If the people here were that worried about it, they should have been somewhat like the Michigan militia in Montana and at least showed up to help prevent it. The people are no longer neighbors or part of a community, they only worry about themselves. The only time anything will be done is when the people come together. The system divides and conquers; until people join together, we all lose in the end. So, basically blame yourselves, or better yet get to know your neighbor and accept their differences as they may be the one pulling the guy off of your daughter. PLEASE THINK, don`t let someone else do it for you.
October 14th, 2008 at 9:37 pm
Let them confiscate bullets from the hot smoking end of the barrel.
October 14th, 2008 at 9:46 pm
Now the police chief and the imoral moyor will receive the medal of freedom award from the administration. Voter’s through the bum’s out.
” An honest man can feel no pleasure in the exercise of power over his fellow citizen’s”.
…Thomas Jefferson…
October 14th, 2008 at 10:24 pm
Next the police chief and the imoral mayor will receive the medal of freedom award, and a raise in pay. People of NO LA if you don’t vote these two out of office you deserve to be abused, and I will relish in your sorrow.
“An honest man can feel no pleasure in the exercise of power over his fellow citizen’s.”
…Thomas Jefferson…
October 14th, 2008 at 11:12 pm
We must not allow our US Constitution to be further attacked. Amendment 2 was placed to arm the people as a means to keep government honest and abide by the SUPREME LAW OF THE LAND!
October 14th, 2008 at 11:40 pm
I do not understand why anybody would own firearms for defense against criminals and tyrants only to surrender their firearms to tyrannical criminals. Always answer your door with a loaded gun in your hand, and don’t hesitate to engage any NWO “authorities” who attempt to disarm you or enter your home.
Many people here have posted that this mayor and his cohorts should go to jail for violating the Constitutional rights of the people of New Orleans. Why should they go to jail? In “Star Wars”, I never knew the Rebel Alliance to take any Imperial personnel as prisoners; the Rebel Alliance kills the enemy – always. Death to the New World Order – kill everyone in their Evil Empire!
October 14th, 2008 at 11:42 pm
i saw LORD NAGIN and his pet the police chief enjoying themselves with a couple of AR15s that they probably took from a “slave”
October 14th, 2008 at 11:49 pm
I’m a Deputy, and I think the Police Officers of New Orleans are a disgrace to the badge by going against their oath to uphold and protect the U.S. Constitution! They followed an unlawful order and should have refused to follow that order. Those morons make law enforcement look bad! But some of the blame should go on voters who keep relecting Mayor Ray Nagin! what the hell are they thinking! Unfortunately I work around boot stumping thugs! I wish there were more of us who think like rational normal people. When the gun confiscations began as a law enforcement officer I can’t tell you how angry it made me! I believe in the second amendment will always defend it. A word of advice never give up your guns America! In the words of Thomas Jefferson “Fear a Government who fears your guns.”.
October 15th, 2008 at 12:25 am
We are WINNING! Our Prayers are WORKING: Please keep praying for the protection of our freedoms and for the defeat and confounding of all enemies, foreign and domestic, and let’s have a peaceful revolution;; fight SMARTER, NOT harder…..God bless all…..
October 15th, 2008 at 2:05 am
The criminals admit to their crimes. Nobody is punished. The NRA is pleased with this outcome.
October 15th, 2008 at 2:06 am
The U.S. military also went door-to-door confiscating legally owned weapons, thereby violating their oath to defend the Constitution. Does this ruling cover the return of these weapons also? Does anyone know?
October 15th, 2008 at 9:09 am
What about those collectible and antique guns that were smashed on the curb by police and national guard?
Good for taking on the city but there are larger evil forces to fry.
October 15th, 2008 at 9:34 am
It is a tough call to make, if the knock on the door comes and that issue ever arises, but if it comes to that, we all have to stand against any attempt to confiscate our guns. Having an “order” or a “warrant” to take them does not make it legal. Don’t be fooled. The ONLY way they can win is if you VOLUNTARILY surrender your guns. There are not enough of them to get this done if gun owners refuse – PERIOD.
October 15th, 2008 at 9:55 am
a huge threat to the neocon plan is the fact that in america there are millions of old baby boomers that are armed and are now going to have all their toys taken away, no to mention their high fat diet.. this is going to make a lot of these couch patatos go over the edge… armed and over the edge is not something to ignore
October 15th, 2008 at 10:08 am
PATRIOT #53, PLEASE TELL US A LITTLE MORE ABOUT YOUR CO-WORKERS AND GIVE US HOPE, THE WORD STOMPING RAISES CONCERN. I LIVE IN CENTRAL MAINE AND WHILE I’VE BEEN PULLED OVER MORE THIS YEAR THAN MY WHOLE LIFE ADDED UP, THEY HAVE ALL BEEN COOL, MAYBE BECAUSE I’M POLITE, BUT I DIDN’T FEEL LIKE I WAS GONNA BE TASERED AT ANY MINUTE. THE OTHER SIDE IS THAT SOMETIMES I’M PRETTY SURE THEY HAD NO LEGAL RIGHT TO PULL ME OVER AND JUST DID ANYWAY.
October 15th, 2008 at 11:21 am
61, WTF
October 15th, 2008 at 12:41 pm
Well this is some good news
October 15th, 2008 at 1:07 pm
Don’t worry…Uzziel will enjoy his secret service visit soon.
Make sure to serve them chocolate chip cookies and milk. It may soothe their rage as they anally probe you for additional information.
October 15th, 2008 at 1:23 pm
It’s great to see that someone in the system is working. It’s just sad that someone didn’t step up before or when it was actually happening.
October 15th, 2008 at 7:39 pm
#60 Please respond I’m a Deputy in the state of Texas, and I will be happy to answer your question. There is hope some of my co workers are waking up, and I’m trying to educate them on whats going on. Unfortunately I have to be careful as people of rank do not share my values or care to know the truth. I have heard some of them talking about how good marshall law would be as they would have more power over the citizens. This concerns me, but there are some of us that are against this, and only want to put the murders, theives and people truly derserving to go to jail in jail. We want to serve our community, and serve the public who pays our paychecks. We are not for checkpoints, tasers unless our life are a third parties life is in danger. You should treat a taser like your side arm. Usually the Deputies that are more gun ho are the younger less experiensed Deputies that have been brainwashed by our educational system. I hope some them grow up soon! We are outnumbered for now; hopefully in the future that will change. I know myself and some of my co workers will be with the people if they order us to carry out an Unconstitutional order, and will refuse to do it! Remember no LAW ENFORCEMENT AGENCY HAS THE LEGAL RIGHT TO TAKE A FIREARM FROM A LAW ABIDING CITIZEN PERIOD! Also I would like to respond to a post about the NRA. Your right about them. Drop your NRA membership as I did, and join Gun owners of America who really stand for the second amendment. As to the Law Enforcement Officers in New Orleans please read of course this Texas law.
PC 39.03 Official Oppression A Misd
(a) A public servant acting under color of his office or employment commits an offense if he:
(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that HE KNOWS IS UNLAWFUL;
(2) INTENTIONALLY DENIES OR IMPEDES ANOTHER IN THE EXERCISE OR ENJOYMENT OF ANY RIGHT,PRIVILEGE,POWER,OR IMMUNITY, KNOWING HIS CONDUCT IS UNLAWFUL
Well that about says it intentionally denies the exercise of any right. I bet you the second amendment to the U.S. Constitution applies to any right. I would like to say your disgrace to the badge and our proffesion! Quit making the good Law Enforcement Officers look bad!
October 15th, 2008 at 9:03 pm
Does my heart good to know that there are still some “law enforcement” officers out there with some brain matter between their ears.
Here in Denver, most “old-timers” in law enforcement, who still call themselves police officers will have no part in this up-coming take-down of our country and won’t tollerate these “muscle-bound, head-shaven” young, punk “cops” when TSHTF.
Unfortunately, when the shit does hit the fan, these “old-timers”, after they’ve taken oput as many of these young-punk cops as they can, will be hidin’ out with their families, just like you and me.
October 15th, 2008 at 11:16 pm
#53 Patriot
You say you are a deputy and you believe in the constitution, right? Well unless you spoke up in public about the constitutional violations you are just as guilty as the ones who did the act. Not guilty of the act but of Conspiracy to protect the wrong doers. This just goes to the saying that is repeated a lot but seemingly not well understood. “All it takes for evil to succeed is for good men to do nothing.” …Burke.
If when these things occur people would stand up for what s right more often and in more quantity, after all there is power in numbers, a “Good” deputy wouldn’t have to excuse himself as a “Good” deputy. This presumes that you ARE NOT the only good deputy and that your whole operation is not corrupt.
October 16th, 2008 at 7:34 pm
Driver for your information my agency has never been involved with confiscating firearms from citizens, and I would not go along with it if they do! I have ran for public office for the Republican party to speak out against whats going on, and to try to change it. What have you done Driver? I have talked to some of my co workers, and have educated them on the NWO and whats going on with our country being sold out by politicians with no honor or dedication to the American cause. I have talked about my concerns about the unconstitutional bill known as the Patriot Act with my Representative from Congress present at the meeting! What have you done! When the time comes to stand up for the U.S. Constitution, and the American people I will be there! Will you!
October 17th, 2008 at 3:00 am
the NATIONAL GUARD is being stripped of there weapons by the u.s army.GET READY FOR THIS WINTER AFTER THESE FLU VACCINES GO THROUGH MANY WILL DIE.GAS COMPANIES are turning peoples gas off.heed this warning.
March 20th, 2009 at 9:33 pm
Everyone involved in the N.O. gun confiscation should be prosecuted.