NRA to settle suit over Katrina gun seizures

[NYVet]

http://news.yahoo.com/s/ap/20081008/ap_on_re_us/katrina_confiscated_guns


NEW ORLEANS - City officials have agreed to return hundreds of firearms that police officers confiscated in the aftermath of Hurricane Katrina, part of a deal to resolve a lawsuit filed by gun lobbying groups.

The settlement agreement filed Tuesday in federal court calls for the National Rifle Association and Second Amendment Foundation to drop their case if the city follows a plan for returning guns to owners who had them seized by police after the Aug. 29, 2005, hurricane.

Both sides also are asking U.S. District Judge Carl Barbier to sign off on the pact and issue a permanent injunction barring the city from seizing lawfully possessed firearms. Barbier didn't immediately rule on the agreement, which doesn't involve a monetary award.

<snip>

In their lawsuit, the gun lobbying groups accused the city of violating gun owners' constitutional right to bear arms and leaving them "at the mercy of roving gangs, home invaders, and other criminals" after Katrina.

In response, the city argued that federal law doesn't apply to the plaintiffs' claims against city officials "because the right to keep and bear arms has never been recognized as a fundamental individual right."



NYvet comment- Heller vs DC says otherwise.

[comtec]

1. I'm no gun humper, but ... I can't believe this lawsuit was even nessicary!!!!!

What utter BULLSHIT!!!
They're right that the right to bear arms has never been settled to mean anyone, any weapon, but it's generally accepted as meaning that (remember WELL REGULATED MILITIA?)

That aside.. what utter and COMPLETE BULLSHIT!

I can't believe it took THIS LONG to return what is the rightful property of the various owners!

ok.. actually I can and DO completely believe this.... consider it, black water was overseeing the NO disaster...
and they certainly can't have any kind of violent dissent...


This should make it even MORE clear, its' not the laws that gun humpers have to worry about... because when the gov WANTS your weapons, they'll simply TAKE THEM! or shoot you dead! THAT seems to be the NRA's REPUBLICAN dream!!!

its bullshit like that that confirms my feelings, that though I do NOT agree with them, American's do have a right to defend themselves with firearms. This shit is getting even scarier!!!!

[SteveM]

2. I agree with you about the favorable settlement...

But I would point out that "well-regulated militia" meant that citizens should be properly armed WHEN they report to militia duty. The notion of "well-regulated" goes little beyond that. Further, WHEN citizens report with an arm pretty much says it all about the "militia clause:" it is an important but secondary right when compared with the individual right to keep and bear arms.

The City of New Orleans, when ordering a gun confiscation, implicitly acknowledged the primacy of the individual right -- they knew individuals had guns, and no government entity in their control (except the disintegrating police department) had firearms. Beyond that, I don't understand the motivations of the politicians in charge.

I've owned and used guns most all my life. What's a "gun humper?"

[DonP]

3. You'll note the silence from the ACLU and others

If they had confiscated computers or any other piece of personal property we'd probably still be hearing about it.

But since it was just "evil" guns they were taking by force, the ACLU didn't seem to be too concerned about it. If the NRA handn't made a big deal about it, I doubt those folks would ever get their property back.

FWIW, the confiscations were done by state police from CO and others under orders from Nagin backed up by th Governor (Blanco sp?).

[bossy22]

4. You are probably correct

the ACLU will fight to the gates of hell for any constitutional issue- but if it has some relevence to guns- they wont even walk out the front door

[burf]

5. The National Guard was also

involved. I believe they were under the command of Gen Stuck on Stupid Honore'. Link to ABC report: http://www.siteselection.com/ssinsider/pwatch/pw031201.htm The order that no citizens would allowed to be armed was put out by Police Commissioner Edwin Compass III. Link to more info: http://www.sdgo.org/alertarchive/2005_Dec20.htm