New Orleans police giving back weapons confiscated

[Paladin]

http://www.nola.com/newsflash/louisiana ... =louisiana

"New Orleans police giving back weapons confiscated post-Katrina
4/17/2006, 4:56 p.m. CT
By MARY FOSTER
The Associated Press

NEW ORLEANS (AP) — A handful of people showed up Monday to try to get back guns confiscated by the New Orleans Police Department after Hurricane Katrina — and not many of those walked away with a weapon.

"They told me the police took them the first two weeks after the hurricane, after that it was the ATF," said Charles Clark, 62, a retired law officer, who had an antique gun taken from his house after the Aug. 29 storm. "It's very frustrating. I know we had a storm and all, but there should be a way to find out who has your property."

Police, national guardsmen and military removed guns from houses during a search after the storm flooded the city, and they confiscated guns from some evacuees — leading to a lawsuit by gun-owner advocates including the National Rifle Association.

"Natural disasters may destroy great cities, but they do not destroy civil rights," said Alan Gottlieb, founder of Second Amendment Foundation, which joined the NRA in the suit.

Chief Warren Riley denied on Monday that his officers indulged in mass confiscations after the hurricane.

"If we took a gun from you and you were walking down the street, you went to jail," Riley said. "We took guns that were in homes. We took guns that were stolen that were stashed in alleyways. If we went into an abandoned house and a gun was there, absolutely we took the weapons. Obviously there were looters out there. We didn't want some burglar or looter to have an opportunity to arm themselves."

About 700 weapons were made available to owners beginning on Monday.

Those seeking a weapon must bring either a bill of sale or an affidavit with the weapon's serial number. Police also are running a criminal background check on anyone claiming a weapon.

"We were told 25 people went in to get their guns and eight left with their firearms," Wayne LaPierre, Executive Vice President and Chief Executive Officer of the National Rifle Association, said Monday afternoon.

The NRA, meanwhile, was not ready to let the matter rest, saying the city and the police department took away people's means of protection at a time when there were widespread reports of lawlessness in the city. The organization scheduled a Tuesday "town meeting" to discuss the issue. And further legal action remains a possibility.

"The city said if we'd withdraw the suit they would return the guns." LaPierre said. "We have withdrawn it, reserving the right to file again."

Percy Taplet, 73, said the national guard and state police confiscated his shotgun from his house when they evacuated him. He said he kept it for protection at his house and adjoining business.

Police told him he would have to contact state police about the weapon.

"I won't ever see that gun again believe me," Taplet said. "It's gone like everything else in that storm."

Although a few people emerged from the police trailer with their weapons, many others were turned away.

Some found the guns were evidence in a crime and were not eligible for release. Others did not have the proper paperwork to get their guns. And for some the work of tracking down their weapons was just beginning.

Robert Evans, 40, was trying to get the Ruger P90, semiautomatic hand gun his wife surrendered to ATF agents at the New Orleans airport.

"The agent gave her a business card, but he never answers his phone," Evans said.

He came out without his gun but with a couple of new phone numbers.

"That's OK," Evans said. "Those were confusing times. I'm not mad, just trying to get my property back.""

[HighVelocity]

If I were in this situation and was unable to get my gun back, I would report it stolen to the ATF. Sooner or later that gun will turn up somewhere and maybe, just maybe I'd get it back.

[jbirds1210]

Can these people just file theft on an individual for stealing their gun? I am sure that the police fall under some sort of protection for this but geez...give these people back their guns! I am glad that the NRA is forcing their hand to do what is right, without them I am sure the guns would somehow be "destroyed" or taken home by employees.
I will hold back on stating my real feelings about this situation!

[John]

This entire event stinks. I recall stories of confiscations without any type of receipt, and confiscations from empty homes where they just broke in and searched took the weapons. I would have already filed a theft report to the BATF (assuming that is possible). I think the article says that the law suit has been dropped and that is also very disappointing.

[stevie_d_64]

This goes beyond anything I could ever imagine...

What amazes me is how many people actually gave the firearms up!

I can only imagine the ride someone would take if they refused to give up their property when told to...But it is one I certainly would take with great protest...

The only thing I can imagine if your the type to roll over would be to personally document, photograph and notorize a list of your property, just like you do everything else for insurance purposes, and keep that information private and secure off-site...

That way you can present proper affidavits to those who stole your property in the first place I imagine...

Other than that...I'm utterly disgusted by this issue...

I can't believe the NRA dropped the lawsuit (with conditions) and actually think thats going to spur proper action by authorities to return wrongfully aquired property...

All I guess we can hope for is that this reaches far and wide in our community, that when the next one hits that certain people understand that this might not be a very wise thing to do...

[John]

Watch this video and let me know what you think about what the judge says on Fox news. http://www.gunowners.org/txguns.ram Video is from Rita and says that confiscations would never happen in Texas. I hadn't previously heard his reasoning. I'd be curious as to what Mr. Cotton thinks about this. He is basically saying (at the very end) that Texas gun owners are obligated to protect their neighborhoods if the police are otherwise occupied with an emergency situation, such as what happened in Louisiana during Katrina. I think he may be little off base with his analysis of Texas laws and court cases.

[Chris]

Watch this video and let me know what you think about what the judge says on Fox news. http://www.gunowners.org/txguns.ram Video is from Rita and says that confiscations would never happen in Texas. I hadn't previously heard his reasoning. I'd be curious as to what Mr. Cotton thinks about this. He is basically saying (at the very end) that Texas gun owners are obligated to protect their neighborhoods if the police are otherwise occupied with an emergency situation, such as what happened in Louisiana during Katrina. I think he may be little off base with his analysis of Texas laws and court cases.

private citizens in Texas have powers of arrest in felony offenses and offenses that "breach the peace"; a very broad term.

unless they've got a warrant or they're evidence in a crime, no law enforcement officer is walking away with my weapons in a situation like that. as a private citizen, i wouldn't give them up. as a cop, i wouldn't take them. as far as finding weapons in a vacant house, i can see that, but they should have logged them in and recorded the address or something. i've never taken something from anyone where it wasn't thoroughly documented.

i think it's only a problem in new orleans though. i think that's the absolute worst response we could ever expect to see out of any major city in america.

[John]

i think it's only a problem in new orleans though. i think that's the absolute worst response we could ever expect to see out of any major city in america.

I agree... I lived there for 10 years and it is a corrupt place.

[Charles L. Cotton]

JohnC:
Although I like what the judge said, I don't know what cases he is referencing. We are looking at this issue however, to see if we need to change anything in the 2007 Texas Legislative Session. I think everyone is appalled with the New Orleans experience, so I doubt that it would be too difficult to pass.

Chas.

[stevie_d_64]

JohnC:
Although I like what the judge said, I don't know what cases he is referencing. We are looking at this issue however, to see if we need to change anything in the 2007 Texas Legislative Session. I think everyone is appalled with the New Orleans experience, so I doubt that it would be too difficult to pass.

Chas.

I had thought I heard Texas is gong to work on a bill/law to prevent local authorities (and any authority for that matter) to issue any order to do what the New Orleans officials did in regard to confiscation during an emergency???

Seems to me this is an excellent opportunity to get something like this done during this special session as well...

If it appears to be a slam dunk, maybe we should make a few phonecalls and shake the tree to see what falls out...

We would be good to get this done before our next storm season starts...

[Chris]

makes sense now. just perusing the news archives, i found this...

http://www.cnn.com/US/9901/29/new.orleans.guns/

they're just trying to get all their confiscated guns back.

[John]

makes sense now. just perusing the news archives, i found this...

http://www.cnn.com/US/9901/29/new.orleans.guns/

they're just trying to get all their confiscated guns back.

Incredible… you just know they had the same plans for the Katrina guns.

[RPBrown]

Would you report them as stolen to the ATF or by the ATF?

I said it then and I'll say it now, this is a crime and all involved should be prosecuted to the fullest extent of the law. From those that ordered it all the way down to the ones taking them.

[Photoman]

as far as finding weapons in a vacant house, i can see that, but they should have logged them in and recorded the address or something. i've never taken something from anyone where it wasn't thoroughly documented.

Not picking on you Chris...but....what legal right do you have, as a police officer, to break into someones locked house and take their property?

Charles: I would support any effort to pass legislation to make it VERY clear that no one has the authority do this. I've notice many other states have already passed such laws.

[stevie_d_64]

makes sense now. just perusing the news archives, i found this...

http://www.cnn.com/US/9901/29/new.orleans.guns/

they're just trying to get all their confiscated guns back.

Incredible… you just know they had the same plans for the Katrina guns.

You betcha it makes sense!

That was an amazing archival retrieval there John!

Until you actually look at the date of the article and tie it all together, it only becomes clear at that time how potentially similar the situation is now...With the gun confiscation, you can possibly kill two birds with one stone now...