NRA Wins Restraining Order Against Confiscations

[geekWithA.45]

http://www.nraila.org/News/Read/Releases.aspx?ID=6539

(Fairfax, VA) -- The United States District Court for the Eastern District in Louisiana today sided with the National Rifle Association (NRA) and issued a restraining order to bar further gun confiscations from peaceable and law-abiding victims of Hurricane Katrina in New Orleans.

“This is a significant victory for freedom and for the victims of Hurricane Katrina. The court’s ruling is instant relief for the victims who now have an effective means of defending themselves from the robbers and rapists that seek to further exploit the remnants of their shattered lives,” said NRA Executive Vice President Wayne LaPierre.

Joining LaPierre in hailing the U.S. District Court decision was NRA chief lobbyist Chris W. Cox. “This is an important victory. But the battle is not over. The NRA will remedy state emergency statutes in all 50 states, if needed, to ensure that this injustice does not happen again."

The controversy erupted when The New York Times reported, the New Orleans superintendent of police directed that no civilians in New Orleans will be allowed to have guns and that “only law enforcement are allowed to have weapons.” ABC News quoted New Orleans’ deputy police chief, saying, “No one will be able to be armed. We are going to take all the weapons.”

The NRA also pledged that it will continue its work to ensure that every single firearm arbitrarily and unlawfully seized under this directive is returned to the rightful law-abiding owner.

 

[R.H. Lee]

That's the way it should be.

 

[LAR-15]

 

[Navy joe]

Very good, it would be nice to see the language of the restraining order to see what precedent it could establish. As to amending emergency statutes, also good if done correctly. Many states have emergency powers that make it illegal for you to be in public with a gun. If I have to go somewhere in an emergency situation, I will have a gun, the whole thing about innocent until proven guilty.... In the same bundle I don't care for emergency curfews, lots of bad things happen at night, but lots of bad things happen from sex and we haven't banned that. I could see the NRA getting laws passed where it would be hunky dory to sit on our front porch with a crew served weapon, but subject to shooting on sight the minute we stepped into the street. Any such law at a federal level would of course be amended into banning all guns all the time, so hopefully they don't go there. "You can have guns in a disaster zone....IF YOU CAN EVER GET YOUR PAWS ON THEM!" [/]evil Feinstein laugh[]

 

[Stebalo]

Way to go NRA. I'm glad they do eventually pull through and throw their weight around as the 800lb gorilla.

Did GOA even file an amicus brief in this case? I know SAF was also involved with the case.

They get donations.

 

[Zundfolge]

There the NRA goes ... doing nothing again.

 

[RealGun]

It will be hard to reconcile that, depending upon where you live, DC for example, you can't own a gun legally, and the order would be moot. Somehow gun ownership is sacred in one place and not even an issue in another. Welcome to America. State borders should have warning signs instead of welcome signs.

 

[TrapperReady]

Zundfolge:

There the NRA goes ... doing nothing again.

The NRA does a whole lot of nothing.

 

[Justin]

Boy, the wait to get a table at the Crow Café should be just horrendous.

 

[MDG1976]

I hope all the anti-NRA THR members read this. Thanks goodness the GOA issued that angry press release.

 

[DelayedReaction]

Just another reason why I joined last week.

 

[M-Rex]

I am happy that my assessment of the effectiveness of the NRA may be in error. Now, if only they'd focus on California.

 

[P. Plainsman]

To heck with the intramural drama (I belong to and support both GOA and NRA), the point is: good show, guys.

* Applause *

 

[Old Fuff]

I'm not sure, but I suspect that this is a temporary injunction, which will remain in place until a hearing is held. At that time whoever the NRA sued will have a chance to respond. While it is good to get a temporary injunction, the victory could be short-lived. I doubt that the Respondent(s) have filed a reply to the motion, but I am sure they will.

We can also be sure that this action will be appealed by the other side - to the Supreme Court if necessary,

 

[El Rojo]

I doubt that the Respondent(s) have filed a reply to the motion, but I am sure they will.

I am sure with all of the drama that is going on in that area right now, they authorities who wanted to confiscate weapons might just decide to cut their losses. If they don't, the should expect to have to answer for disarming their constiuents come election time since they should be focusing on bigger issues than gun toting, law abiding citizens. There will be no appeal or further action.

Thank you NRA! Everyone make sure you send them a thank you note just like you sent them a do something note.

 

[71Commander]

Boy, the wait to get a table at the Crow Café should be just horrendous.

I don't have to take a bite. I'm a die hard NRA supporter and so is my wife. We have seperate memberships and have did so before we met, oh so many years ago.

 

[Standing Wolf]

I'm glad—and somewhat surprised—that freedom won.

 

[Cacique500]

Excellent!

Looks like I'll have to throw them a few more bone$ for doing a good job!

 

[luxone]

To heck with the intramural drama (I belong to and support both GOA and NRA), the point is: good show, guys.

Well said P. Plainsman.

 

[Well Regulated]

The Emerson Case

I am sure that the Emerson case had a lot to do with this. The current case was filed in a Federal court that is a subset of the U.S. Fifth Circuit which is the only circuit that recognizes an individual right to keep and bear arms.

 

[280PLUS]

From the NRA:

NRA-ILA Grassroots Alert Vol. 12, No. 38 9/23/05

MAJOR VICTORY FOR FIREARMS OWNERS
AND FREEDOM IN LOUISIANA

On Thursday, NRA filed a motion in United States District Court for the Eastern District of Louisiana seeking a temporary restraining order to block authorities from confiscating law-abiding citizens' firearms in the aftermath of Hurricane Katrina. Today, we are happy to report, the Court sided with NRA and issued a restraining order to bar further gun confiscations from peaceable, law-abiding victims of Hurricane Katrina in New Orleans.

Federal Judge Jay Zainey granted NRA's motion for an indefinite temporary restraining order and ordered those in power to cease and desist gun seizures. The authorities were also ordered to return guns seized by them or their agents to anyone "...who lawfully possessed them, upon presentation of identification and execution of a receipt therefore."

Commenting on the ruling, NRA Executive Vice President Wayne LaPierre said, "This is a significant victory for freedom and for the victims of Hurricane Katrina. The court's ruling is instant relief for the victims who now have an effective means of defending themselves from the robbers and rapists that seek to further exploit the remnants of their shattered lives."

Joining LaPierre in hailing the U.S. District Court decision was NRA-ILA Executive Director Chris W. Cox. "This is an important victory. But the battle is not over. The NRA will remedy state emergency statutes in all 50 states, if needed, to ensure that this injustice does not happen again."

The controversy erupted when The New York Times reported that the New Orleans superintendent of police directed that no civilians in New Orleans will be allowed to have guns and that "only law enforcement are allowed to have weapons." ABC News quoted New Orleans' deputy police chief, saying, "No one will be able to be armed. We are going to take all the weapons."

NRA also pledges that it will continue its work to ensure that every single firearm arbitrarily and unlawfully seized under this directive is returned to its rightful law-abiding owner.

Although this is great victory, we still need to hear from members who have been a victim of this gun confiscation initiative. If you have personally had a gun confiscated in Louisiana since Hurricane Katrina hit, please call (888) 414-6333. Be prepared to leave only your name and immediate contact information so we can get back to you. Once again, we are seeking contact information from actual victims of gun confiscation in Louisiana only.

For additional information, please visit www.NRAILA.org, or e-mail us at [email protected].

 

[artherd]

Outstanding. Impressive that their TRO has no expiration Even if it never comes to trial it will be held in effect untill pulled.


I propose we go one step furthur, NO citizens who have had confiscations occur start placing NOPD officals under Citizen's Arrest for Failure to Comply with a Court Order!

Civil charges should also be brought.

Make this an expensive and painful lesson to NOPD. Heck make it expensive enough that the department is disbanded. With a 80% desertion rate, the remaining 20% of the NOPD looting, and illegally stealing weapons, NO would be better off WITHOUGHT NOPD!! The state and fed guys did a great job in the mean time from what I hear on the ground.

 

[VaughnT]

Definitely something that needed to be done, and I'm glad they stepped into the arena. Kinda makes you feel all warm and fuzzy inside!

Now, the question is whether or not they'll be able to use this as a stepping stone to bigger things in the future. I feel that the actions of the NOLA PD set an example that clearly shows how quickly the locals will strip law-abiding people of their 2nd Amendment rights, and do it with a sense of impunity. With that example in mind, we all have to work to make sure we are prepared for future disasters with both food/weapon/meds and an understanding of our constitutional rights.

I think we've seen this same type of thing happen in the past, in other states, and I'm sure it will happen again in the future.

 

[only1asterisk]

I've still got issues with the NRA, but I will recognize when that do something right. If they ever adopt a no compromise agenda and work at it, I’ve got a check that I’d love to send them.

Don’t get me wrong, I really I want to give them my full support. I'm just not prepared to do that until they clean house and get serious.


David

 

[publius]

Good job, NRA, but...

Funny, I didn't see any receipts being written in those confiscation videos. Must have missed it.

Federal Judge Jay Zainey granted NRA's motion for an indefinite temporary restraining order and ordered those in power to cease and desist gun seizures. The authorities were also ordered to return guns seized by them or their agents to anyone "...who lawfully possessed them, upon presentation of identification and execution of a receipt therefore."