Does Texas have such law?
Posted: Mon Nov 19, 2007 10:02 pm
see the text is in red.
http://www.gunsandammomag.com/second_amendment/0506r/
Hard Times In The Big Easy
Law-abiding citizens were subject to confiscation of their firearms during the Katrina catastrophe.
By John Hay Rabb
Last August, Hurricane Katrina flattened New Orleans and cut a wide swath of destruction across several other southern states. Millions were left dead, injured, hungry or homeless. In the chaotic aftermath of the storm, New Orleans Police Superintendent P. Edwin Compass III announced that all privately owned firearms would be seized. "No one will be able to be armed. Guns will be taken," Compass declared. "Only law enforcement [will be] allowed to have weapons."
Louisiana, like many other states, issues concealed carry weapons permits to law-abiding individuals. Compass's order did not distinguish between stolen guns and legally owned guns; therefore, he was in violation of Louisiana statute.
The governor can temporarily suspend state laws, but only after a state of emergency has been declared. Under his emergency powers, the governor may specifically authorize a senior law enforcement official to confiscate legally owned firearms. To the best of my knowledge, the governor of Louisiana never authorized Superintendent Compass to confiscate legally owned firearms.
After the confiscation order was issued, police and National Guard personnel began searching empty houses for firearms, and TV camera crews filmed numerous instances of forced entry.
California TV station KTVU captured on videotape the most disturbing gun-confiscation incident. An 82-year-old woman stood in her small kitchen, surrounded by police in tactical gear and several TV cameramen. In the open palm of her hand she held a knife and a small revolver. Neither of the weapons was pointed at the police officers.
Superintendent Compass managed to round up some police officers and National Guardsmen to go door to door, confiscating guns from law-abiding citizens and leaving them helpless against the depredations of armed criminals.
The police ordered her to hand over the two weapons. When she did not immediately comply with the order, she was gang tackled by three burly police officers, who pinned her to the kitchen floor. The officers then hustled her out to a flatbed truck, lifted her aboard and drove away.
Some police officers told reporters that the confiscation order was issued after Army, Coast Guard and police helicopters were fired upon while flying over the city. It is reasonable to assume that the shooters responsible for these attacks used illegal firearms, which would not simply be handed over when the police and National Guard knocked on the door.
There certainly was no shortage of guns available to criminals. In the wake of the storm, more than 1,000 guns were stolen from gun dealers in Alabama, Louisiana and Mississippi. Only about 130 of these weapons were recovered.
(The Associated Press also reported that some police officers asked if they could borrow guns from citizens. The officers explained that they were outgunned during running street battles with armed criminals.)
Sending In The National Guard
The participation of National Guard troops in gun-confiscation efforts raised a few eyebrows in the legal community. According to federal law, military forces--with some exceptions--may not participate in civilian law enforcement activities. The Posse Comitatus Act of 1878 ("posse comitatus" means "the power of the county") was passed in response to the intrusive involvement of federal troops in elections held in the former Confederate states.
The National Guard units in New Orleans are deployed under the authority of the governor, and the Posse Comitatus Act does allow National Guard units to participate in civilian law enforcement activities--as long as the governor has ordered their deployment. Even so, it is a bit unsettling to watch National Guardsmen kicking down doors to confiscate legal firearms. --JHR
In some of the city's wealthier neighborhoods, the houses were relatively unscathed by the storm. Some of the houses were surrounded by armed private security guards.
On several occasions the police temporarily handcuffed the guards and took their firearms. After a few minutes, the handcuffs were removed and the guns returned. All of these incidents took place on private property and involved licensed security personnel. They appear to be clear violations of the U.S. Constitution, the Louisiana Constitution and Louisiana state law.
In the town of Algiers, residents formed their own armed defense force. The men worked in shifts, patrolling the streets 24 hours a day. The Garden District of New Orleans also formed its own armed defense force. Neither of the guard forces fired a single shot.
In time it became clear that the police superintendent's gun-confiscation order stood on shaky legal ground. The National Rifle Association and the Second Amendment Foundation challenged the order in federal court. On September 12 the court issued a restraining order against the New Orleans Police Department. No more guns could be confiscated, but the guns that had already been confiscated would not be returned to their rightful owners.
The gun-confiscation program in New Orleans may be an ominous indication of how governments will react to a future catastrophe, either natural or man-made.
After Katrina hit, the NOPD was in shambles. Emergency calls went unanswered, some officers abandoned their posts, and others participated in the looting spree. But even in this crisis atmosphere, Superintendent Compass managed to round up some police officers and National Guardsmen to go door to door, confiscating guns from law-abiding citizens and leaving them helpless against the depredations of armed criminals.
The New Orleans city government has a long history of antipathy toward private gun ownership, and there are many large cities dominated by anti-gun mayors and city councils. If, God forbid, there is another terrorist attack on a major city, law-abiding gun owners should be prepared for the "New Orleans treatment."
http://www.gunsandammomag.com/second_amendment/0506r/
Hard Times In The Big Easy
Law-abiding citizens were subject to confiscation of their firearms during the Katrina catastrophe.
By John Hay Rabb
Last August, Hurricane Katrina flattened New Orleans and cut a wide swath of destruction across several other southern states. Millions were left dead, injured, hungry or homeless. In the chaotic aftermath of the storm, New Orleans Police Superintendent P. Edwin Compass III announced that all privately owned firearms would be seized. "No one will be able to be armed. Guns will be taken," Compass declared. "Only law enforcement [will be] allowed to have weapons."
Louisiana, like many other states, issues concealed carry weapons permits to law-abiding individuals. Compass's order did not distinguish between stolen guns and legally owned guns; therefore, he was in violation of Louisiana statute.
The governor can temporarily suspend state laws, but only after a state of emergency has been declared. Under his emergency powers, the governor may specifically authorize a senior law enforcement official to confiscate legally owned firearms. To the best of my knowledge, the governor of Louisiana never authorized Superintendent Compass to confiscate legally owned firearms.
After the confiscation order was issued, police and National Guard personnel began searching empty houses for firearms, and TV camera crews filmed numerous instances of forced entry.
California TV station KTVU captured on videotape the most disturbing gun-confiscation incident. An 82-year-old woman stood in her small kitchen, surrounded by police in tactical gear and several TV cameramen. In the open palm of her hand she held a knife and a small revolver. Neither of the weapons was pointed at the police officers.
Superintendent Compass managed to round up some police officers and National Guardsmen to go door to door, confiscating guns from law-abiding citizens and leaving them helpless against the depredations of armed criminals.
The police ordered her to hand over the two weapons. When she did not immediately comply with the order, she was gang tackled by three burly police officers, who pinned her to the kitchen floor. The officers then hustled her out to a flatbed truck, lifted her aboard and drove away.
Some police officers told reporters that the confiscation order was issued after Army, Coast Guard and police helicopters were fired upon while flying over the city. It is reasonable to assume that the shooters responsible for these attacks used illegal firearms, which would not simply be handed over when the police and National Guard knocked on the door.
There certainly was no shortage of guns available to criminals. In the wake of the storm, more than 1,000 guns were stolen from gun dealers in Alabama, Louisiana and Mississippi. Only about 130 of these weapons were recovered.
(The Associated Press also reported that some police officers asked if they could borrow guns from citizens. The officers explained that they were outgunned during running street battles with armed criminals.)
Sending In The National Guard
The participation of National Guard troops in gun-confiscation efforts raised a few eyebrows in the legal community. According to federal law, military forces--with some exceptions--may not participate in civilian law enforcement activities. The Posse Comitatus Act of 1878 ("posse comitatus" means "the power of the county") was passed in response to the intrusive involvement of federal troops in elections held in the former Confederate states.
The National Guard units in New Orleans are deployed under the authority of the governor, and the Posse Comitatus Act does allow National Guard units to participate in civilian law enforcement activities--as long as the governor has ordered their deployment. Even so, it is a bit unsettling to watch National Guardsmen kicking down doors to confiscate legal firearms. --JHR
In some of the city's wealthier neighborhoods, the houses were relatively unscathed by the storm. Some of the houses were surrounded by armed private security guards.
On several occasions the police temporarily handcuffed the guards and took their firearms. After a few minutes, the handcuffs were removed and the guns returned. All of these incidents took place on private property and involved licensed security personnel. They appear to be clear violations of the U.S. Constitution, the Louisiana Constitution and Louisiana state law.
In the town of Algiers, residents formed their own armed defense force. The men worked in shifts, patrolling the streets 24 hours a day. The Garden District of New Orleans also formed its own armed defense force. Neither of the guard forces fired a single shot.
In time it became clear that the police superintendent's gun-confiscation order stood on shaky legal ground. The National Rifle Association and the Second Amendment Foundation challenged the order in federal court. On September 12 the court issued a restraining order against the New Orleans Police Department. No more guns could be confiscated, but the guns that had already been confiscated would not be returned to their rightful owners.
The gun-confiscation program in New Orleans may be an ominous indication of how governments will react to a future catastrophe, either natural or man-made.
After Katrina hit, the NOPD was in shambles. Emergency calls went unanswered, some officers abandoned their posts, and others participated in the looting spree. But even in this crisis atmosphere, Superintendent Compass managed to round up some police officers and National Guardsmen to go door to door, confiscating guns from law-abiding citizens and leaving them helpless against the depredations of armed criminals.
The New Orleans city government has a long history of antipathy toward private gun ownership, and there are many large cities dominated by anti-gun mayors and city councils. If, God forbid, there is another terrorist attack on a major city, law-abiding gun owners should be prepared for the "New Orleans treatment."
