Gustav gun confiscation underway

[gc70]

Okay, but that's corporate policy, not federal law.... Planes are the only mode of transportation where there is a federal ban on carrying.

Correct, but irrelevant. The transportation companies' property rights allow them to say no weapons on their planes/buses/trains and state law prohibits carrying weapons on property against the property owner's wishes.

 

[csmkersh]

Depends on the state and it depends on the property, gc. In Texas, CCW can't be banned on public transportation other than planes. State AG so stated back in 1996. Planes are the exception in Texas because of federal law.
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[nolo_gatillo]

if u had ur Louisiana-issued CCW u still have to give up ur gun?

 

[TexasRifleman]

The article also quotes Nagin as saying they aren't going to bother with a trial, it's straight to Angola and the general population.
The law and the Constitution don't seem to mean anything to him.

And again.... Nooooo that's not what's happening. Though the guy is clearly a moron, there is more to it than that.

There's a written agreement between the City of New Orleans and the Angola State Pen to temporarily house those arrested during a curfew since the City Jail is closed because of potential flooding.

City of New Orleans jail prisoners are at Angola already because the jail is evacuated.

What he said was if you are arrested for looting you will go straight to Gen Pop at Angola, and that is in fact the case, until your arraignment and trial if any.

 

[csmkersh]

TR, you didn't contradict a thing I wrote.... You made a distinction without a difference. :banghead:


Still waiting for you to cite the law re:"public transportation."

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[gc70]

if u had ur Louisiana-issued CCW u still have to give up ur gun?

Only if you wanted a ride on the nice government-provided buses and trains.

 

[csmkersh]

Quote:
if u had ur Louisiana-issued CCW u still have to give up ur gun?

Only if you wanted a ride on the nice government-provided buses and trains.

Why? No one has provided a cite to a law, state of federal, justifying the act.
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[Treo]

I haven't found a single news story talking about gun confiscations but, I did find this article

blog.wired.com/defense/2008/08/officials-made.html

That says that Canadian and British forces may be used in clean up and relief efforts.
Foriegn troops on U.S. soil , double plus ungood

 

[Orange_Magnum]

To remove guns from the hands of lawabiding people in a situation of national catastrophy is unjustifyable. What is the purpose? "As you flee it is well known that people become inclined to stop by banks along the roads and rob them! When people flee in a hurry, they, at the same time, tend to take good time to engage in gang rape along the roads at gun point." If that was the case, shouldn't they be stopped by other Americans? This is another stupid face of the political will of today. The people who agree to evacuate on the order of their politicians are harassed, while the people who stay, maybe to loot, are not?! Why are politicians suddenly so stupid? Is it the Mao syndrome that is showing? One day they will have us all sacked, where they want us. ****-ing politicians...

 

[TexasRifleman]

In Texas, CCW can't be banned on public transportation other than planes. State AG so stated back in 1996.

You might want to re-check that one.

http://www.oag.state.tx.us/opin/opinions.php?headingID=49

DM0364 and DM0363 address this as well as LO96-059.

The offense in 30.05 - Criminal Trespass - cannot be committed on a bus, they do clearly say that. However, 30.06 - Trespass by Holder of License to Carry - is not addressed in the opinion.

DM364 says, regarding CHLs :

This office cannot determine whether a rapid transit authority rule prohibiting handguns on public conveyance would be reasonably necessary and appropriate for the accomplishment of a legitimate object within the police power of the rapid transit authority......Any attempted exercise of the police power is always subject to review by the courts on the question of reasonableness.

Elsewhere in that same document the opinion states:

Therefore, the statute (46.02) does not affect the power, if any, of a rapid transit authority to prohibit the carrying of handguns on its vehicles.

Unless you know of a different opinion it seems to me to say that 30.06 is still a crime, but I'm no lawyer.

 

[TexasRifleman]

TR, you didn't contradict a thing I wrote.... You made a distinction without a difference.

Didn't need to contradict it, just put it all in contex. You clearly took what Nagin said out of context and ran with the whole "he's the devil and he ignores due process" thing which is untrue.

Nagin is a complete moron and I have no doubt he thinks he can do what he wants, but you can't accuse someone of ignoring due process just by what they say.

You made a distinction without a difference.

I dunno... maybe it's just me but I think there's a hell of a difference between being sent temporarily to a prison that's acting as a temporary jail and being sentenced to prison without a trial.....but that's just me I guess.

 

[duewest]

Man Im glad I dont live there. I feel bad for those people. That mayor is an idiot.

 

[Thernlund]

Deleted.


-T.

 

[gc70]

No one has provided a cite to a law, state of federal, justifying the act.

That is correct and nobody can provide a cite to a law that specifically spells out that firearms can't be carried on buses and trains in Louisiana. The Louisiana legislature apparently expects people to connect the dots about the meaning of existing laws.

Here are the dots (see post #96 for cites):

• Transportation companies exercise their property rights to prohibit weapons.
• Louisiana law does not override the rights of property owners to prohibit weapons.
• Louisiana CCW law specifically prohibits violating property owners' weapons prohibitions.

If transportation companies said no tennis shoes on buses or trains, it would be perfectly legal and people could choose to leave their tennis shoes behind or not take a ride.

 

[csmkersh]

TR, If I recall correctly, the AG's opinion was solely WRT 30.05, as you stated. As to why 30.06 wasn't mentioned, it didn't exist until 1997.

As to DM364, that dealt with parks and DM363 general property. Abbot said that buses weren't "premises." Because of the ambiguities of 30.05, the legislature came up with 30.06 covering CHL holders. They then modified 30.06 last year to remove a municipal agency's right to ban. First major agecy to pull their signs was our friends, DPS.


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[txgho1911]

How many of those handguns where acquired from looting the gun shops post katrina?

 

[Don Gwinn]

OK, we're about done here. When there are some facts to be discussed, we'll try again. This is ridiculous.