The Ballio Case

I occasionally get wind and emails about firearms related incidents. This post is about one such incident. Fact: Louisiana law states that a citizen who can legally own a firearm (as in a non-felon) can carry that firearm inside their vehicle either openly or concealed within the confines of a vehicle.

LRS 14:95.2: "Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle."

If the citizen has a valid Louisiana Concealed Handgun Permit, a handgun can be concealed on their person in the vehicle. The Louisiana citizen with a CHP has the duty to inform an officer of the law who approaches them on official business of the presence of a handgun concealed on their person.

This politician, the mayor of Shreveport Louisiana, Cedric Glover, apparently fails to understand that. This politician seems to believe that when his police officers stop a citizen for an innocuous traffic offense, the citizen forfeits their constitutional rights.

According to another blog, when Robert Baillio was pulled over for failure to use his turn signal, "the only questions the officer had for Baillio concerned guns; Whether he had a gun, where the gun was, and if he was a member of the NRA. No requests for a driver's licence, proof of insurance, or vehicle registration, and no discussion of a turn signal." Robert Ballio was driving a pick-up truck with several pro-gun stickers prominently displayed on the rear glass, along with Stars and Stripes. He holds a valid Louisiana Concealed Handgun Permit.

When Mr. Ballio called Shreveport's mayor to complain about the confiscation of his firearm, he recorded the conversation. It would appear Cedric Glover is woefully ignorant of the law, and is directing his officers to violate the constitutional rights of Louisiana citizens. An excerpt of Glover's reply to Mr. Ballio: "Sir, you have no right, when you have been pulled over by a police officer for a potential criminal offense to stand there with your weapon at your side in your hand because of your second amendment rights, sir. That does not mean at that point your second amendment right has been taken away; it means at that particular point in time, it has been suspended." Of course, Mr. Ballio did not imply that he desired to have the handgun in his hand. He simply felt as though he was being profiled because of the pro-gun emblems on the rear glass of his truck. Unfortunately, it does not seem as though Mr. Ballio is a second ammendment scholar either.





Cedric Glover knew that Mr. Ballio's handgun was nowhere near his reach. Cedric Glover knew that the handgun did not present a threat to the officer. Cedric Glover simply did not have a clue as to what he was talking about. But......... That is no excuse. He is the mayor. He is in charge. If tweaking a moron's whiskers is your thing, here is Glover's address.

Office of the Mayor
505 Travis Street, Suite 200
Shreveport, LA 71101
(318) 673-5050
Email: mayor@shreveportla.gov

If a person wants to examine things further however, here is Robert Ballio's statement:

"Here in Shreveport, LA, a little more than a week ago, to be exact, it was Friday, June 5th, about 9:45 in the evening. I was driving my pick-up from the Downtown Airport to my home. My wife had called and asked me to pick up an order she had called in to a local restaurant. I was about a block and a half from the restaurant when I noticed flashing lights behind me. I can honestly say that I didn’t have a clue as to why I was being stopped, but I instantly pulled over.

Right after I stopped, I got out of my truck and walked toward the tailgate. I kept my hands where he could see them and I stopped right there by the back bumper. Right there I was directly in his headlights, and I wanted to be sure he could see that I wasn’t carrying any kind of weapon, and I didn’t pose any type of threat to him.

Well he got out of his vehicle and walked toward me. He stopped a little short of what I’d consider conversation distance, and he looked at me and said, “Do you have any firearms in your vehicle?”

I didn’t really expect him to ask me that. And I didn’t know why he asked, but I answered and said “Yes” He asked where they were. And I really didn’t understand why he was asking me these questions. But I told him the truth, and I said “My pistol is between the drivers seat and the console.

He instantly turned and walked to the drivers side door, opened it, and removed my pistol. I stayed at the back of the truck. He approached me, held my HK 45 Compact up, and dropped the magazine. He then asked if there was a shell in the chamber, and I said, “Yes sir, there is.” He ejected it onto the ground, locked the slide back, and walked back to his patrol unit and got in it.

After the stop was completed, and my gun was was returned, I thought about the events that had happened. I called the mayor of Shreveport, on Monday June 8th. Late in the day he finally called me back. I told him that I was very uncomfortable standing on a busy street without my hand gun, and I did not believe the officer had any reason, or right to remove it from my vehicle.

He told me that during a traffic stop "My rights were suspended." At first I couldn't believe he said that. Then, I thought “no one is going to believe me when I tell them he said that” so I turned on my digital recorder and recorded the rest of our conversation. He said my right to drive off after a policeman stops me was suspended. He was comparing my Constitutional Rights with driving off after a policeman stops you - something that is against the law."

On review of the cruiser's dash cam video, it is immediately apparent that the officer is not an anti-gun policeman. Mr. Ballio stepped out of his pick-up truck before the officer approached the vehicle. The officer immediately asked Mr. Ballio to close his pick-up truck's door, limiting his ability to access anything inside. The officer knew there was a potential firearm present because of the pro-gun stickers, and he probably already knew Mr. Ballio had a Louisiana Concealed Handgun Permit. He asked if Mr. Ballio had any firearms in the vehicle. He did not ask if Mr. Ballio had any firearms concealed on his person. He did not ask to see a driver's license. Mr. Ballio was outside the truck, leaning on the bed when the officer turns his back to him, reaches inside and retrieves the weapon.

The officer asks if there is a round in the chamber, when Mr. Ballio responds he would not carry it any other way, the officer responds "That's true." The officer clears the weapon, and then turns his back to Ballio again to retrieve the ejected round from the ground. He asks Mr. Ballio if he is a member of the NRA, and when Mr. Ballio responds affirmatively, the officer says "Excellent." This is not a gun ignorant gun hating cop. It is also clear, after the officer has turned his back to Ballio twice, that he does not feel threatened by Mr. Ballio. So the question of why he felt the need to secure the weapon can be raised.

Under Louisiana law, during a traffic stop, it is the officer's prerogative whether he will secure a weapon he has been informed of. This officer chose to exercise his right to secure the weapon. There is nothing illegal about that. The pistol and ammunition were returned to Mr. Ballio at the conclusion of the traffic stop.

I have had my handgun secured twice at traffic stops. There have been an even greater number of times that the officer allowed me to retain my weapon throughout the stop. (Keep in mind I have possessed a Parish or Louisiana Concealed Handgun Permit since 1984, I'm not that bad a driver......) Each time I am pulled over, I follow a simple procedure. First and foremost, I turn off the engine and stay inside the vehicle unless the officer asks me to exit. When the officer approaches, I keep my hands in plain view. Prior to pulling over, I remove my wallet and place it on the dash so my hands always remain in view. I have my driver's license and Concealed Handgun Permit ready for the officer when he approaches my door. I hand them both to him. The only actions taken by this officer that warrant scrutiny is turning his back to Mr. Ballio. If Mr. Ballio was as concerned about his safety as he states he should have remained inside his vehicle, or moved to the sidewalk.

Yes, Cedric Glover is a buffoon ignorant of the law, but aren't most politicians? Cedric Glover's ignorance is only exceeded by his arrogance. He is contemptable. It would serve him well to become better acquainted with the law before he discusses it. Other than that, I'm not seeing much meat on this bone. There are more important anti-gun politicians to focus on.

Gun Nuts Radio with Gordon Hutchinson

I thoroughly enjoyed listening to my friend Gordon Hutchinson, author of The Great New Orleans Gun Grab on Gun Nuts Radio tonight.

The New Orleans confiscations occurred in 2005, three and a half years ago. These illegal actions by law enforcement were the impetus of my own blog. It is with sadness and discouragement that I realize that so many people three years later, even among gun owners, are still ignorant of or want to deny what took place immediately after Katrina, and is still taking place in and around New Orleans. Illegal gun confiscations by NOPD and surrounding law enforcement is an almost institutionalized practice. When gun owners themselves remain ambivalent because it is not happening to them, we are weakened as a whole.

If you are not familiar with the confiscations of New Orleans, give the show a listen. Then order Gordo's book. If you are really cheap, just follow the labels and links on my blog. It happened. It will happen again and again if we let it. The choice is ours. Remember New Orleans!

Update on New Orleans Gun Confiscations by Police

Tom Gresham brought this up a couple of days ago, and being the gentleman he is, did not mention my name as his source, because he had not asked my permission to do so. The reason he has not asked is that I live in Baton Rouge, and we are still digging out from under Hurricane Gustav...I have not had internet access for over a week now.

In the course of doing research for our book ("The Great New Orleans Gun Grab") Todd Masson (my co-author) and I kept running across stories and evidence that New Orleans traffic cops were taking guns from motorists during routine traffic stops. The ploy used is to ask a motorist if he has a gun in the car, then ask to see it. Upon issuing the traffic citation, the cop asks the motorist if he has a receipt for the gun. Of course, no one has one, so the cop informs the motorist when he/she comes up with a receipt proving ownership, he/she can retrieve the gun at such-and-such a district.

As one of the responders to Tom's thread pointed out, it happened to him in the late Nineties. When he went to the district to get his gun, no one could locate it in evidence, and of course, he never got it back. It apparently was a quite prevalent practice in the years leading up to Hurricane Katrina--so much so, it was one of the factors leading to the wholesale confiscation of guns from holdouts in New Orleans who refused to evacuate. In fact, we described this practice as one of the root causes of the confiscations in our book.

A good friend, a retired NOPD Homicide Lieutenant, told me it was a common practice when he was on the force. In my outrage, I spluttered "They can't do that. That's illegal!"

His answer was "Gordon--I didn't say it was legal. I said they did it..."

We thought the practice had died out. NOPD and the city took such a hit of criticism after the lawsuits by the NRA and SAF, we thought perhaps they had stopped doing it. Then, as we slowly get further from the event, complaints start coming in again of the practice. I have spoken to four people who have had their handguns taken by individual officers during traffic stops in New Orleans since Katrina. I have spoken to several other people who have heard of it.

The most recent was just two weeks ago when one of the local gun stores called me and put the gentleman on the phone--he was there looking for a receipt for his gun, which had been taken by NOPD traffic cops. I know of one person who definitely got his gun back. Apparently, no criticism or punishment was meted out to the female officer that took the gun.

Is it legal? Of course not. It amounts to armed robbery by cop. Louisiana law allows loaded guns in vehicles concealed or unconcealed.

If a cop wants to know the status of a gun, he has the right to run its serial number and description on the National Crime Information Computer--the FBI database into which all law enforcement agencies enter stolen property, wants, warrants on individuals, etc. If a gun does not come back stolen on NCIC, and the person is being investigated only for traffic violations, the cop should give the gun back. He has no legal right to keep it.

How do you avoid it? If it occurs, demand a supervisor come to the scene. They know they are not supposed to be doing it, and anyone who knows his legal rights can likely stand them off. Generally, that will put them off. They bulldoze people who don't know their rights pertaining to gun ownership.

Should you get into a confrontation? I wouldn't. But I would write down their unit number, badge number, and any other information, and file an official complaint with the Internal Affairs Office of NOPD as quickly as possible. Include a description of the gun and its serial number.

If you know of anyone who has suffered such an incident, please PM me. Dan Holliday, the attorney for the NRA/SAF here in Baton Rouge, has been collecting these stories and getting depositions from victims to document an ongoing practice of abuse. The lawsuit against the city of New Orleans pertaining to the gun confiscations after Hurricane Katrina will be going to trial in November. We would like to document as many of these types of cases as we can.

I hasten to add not all NOPD is bad. There are some excellent, professional police officers down there trying to do a thankless job in a dangerous city. Unfortunately, there are some bad apples who see their job as an opportunity to enrich themselves, and add to their own personal arsenal by seizing the legal property of private citizens they stop. It happened before, and in the aftermath of Katrina, and it's happening again.

So warn your friends that travel to the city to have a receipt for their guns if possible--and demand to see a supervisor if stopped by a traffic cop who tries to intimidate them into giving up your firearm.

Thanks for the opportunity to bring this up and let people know about it.

Gordon Hutchinson
"The Great New Orleans Gun Grab"

Damn.

In the state of Louisiana a concealed handgun permit holder is required by law to inform an officer of his permit and whether he is carrying a firearm on his person at the time of a traffic stop. This is best done by giving the officer your CCW permit along with your driver's license. I recommend keeping both hands on the steering wheel after doing so. Before I pull over for a traffic stop, I remove my wallet and place it on the dashboard so the officer can see my hands at all times. He will know of my permit as soon as he runs my plates, before he approaches the vehicle. I keep my vehicle registration and insurance verification papers above the sun visor for the same reason.

In Louisiana, an officer has the authority to disarm a person who is lawfully carrying a concealed weapon in a traffic stop. The weapon should be returned to you afterwards, assuming no arrest is made.

I have been pulled over four times by police in Louisiana since I first obtained a carry permit. (It's been a long time, well before "shall issue".....) I have informed as required by law each time. I have kept my hands in view each time. Only once have I been asked to exit the vehicle and had the officer remove and secure my firearm for the stop. Every other time it was a non-issue. In fact once, a State Trooper passed my concealed handgun permit back to me saying "I don't need to see this." Each time I was cordial and the officer was courteous and professional.

If you are in Louisiana and you do not have a Louisiana CHP or an out of state reciprocal CCW permit, then you are not required to inform, and there are no regulations on how the gun should be carried or secured. The vehicle is treated as an extension of your home. LRS 14:95.2: "Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle." It would be wise to not toss your handgun on top of your license and registration in the glove box though. Once the officer sees the handgun, and especially if it's underneath the registration papers, making you have to reach towards it to provide him with the papers, he will become understandably agitated.

There is a grey area of a CHP holder with no gun on his person, but instead a firearm in the glove box or elsewhere in the automobile. Whether this person has a duty to inform is one that demands scrutiny. Under these circumstances, I recommend informing the officer. I am not an attorney, and my recommendations should not be construed as legal advice.

More.

Guns Found in Chef Menteur Pass

Chef Menteur Pass is a waterway connecting Lakes Pontchartrain and Lake Borgne near New Orleans. The New Orleans Police Department and St. Tammany Parish Sheriff's Office make no bones about having used the waterway to dispose of firearms in the past. Beginning in the early 1900s, St. Tammany deputies routinely got rid of confiscated guns by dumping them in Lake Pontchartrain, Sheriff Jack Strain says. The practice continued for decades. The possibility of people diving for and retrieving the firearms before the salt water could destroy them in the strong currents was remote.

After Jack Strain became sheriff of St. Tammany Parish, a new method of firearms destruction was employed. Confiscated firearms were melted down and the process was videotaped. The city of New Orleans did the same, turning them into manhole covers and sewer grates.

After hurricane Katrina, over a thousand firearms were confiscated from residents of the area. Many of these arms are still stored in barrels inside one of the New Orleans police department's trailers. Through a series of lawsuits brought forth by the NRA the ILA and the SAF, the rightful owners of these firearms have at least learned where they are being held. A few rusted and damaged guns have been returned after a NICS background check. The remaining owners have been told to go suck eggs as the New Orleans Police Department and the city of New Orleans began demanding proof of purchase from people who lost everything in the storm. Most of the guns continue to rust away unclaimed, as the owners realized the futility of trying to reclaim property that was wrongfully seized by a police department and city out of control, and especially one that is now faced with going to court over it's actions.

Then, as a construction crane was digging concrete and steel beams out of Chef Menteur Pass earlier this month, a handgun was discovered. At first, workers speculated that a criminal must have dumped it there. It was still in decent enough shape, although rusty. The gun was surrendered to New Orleans police and the work continued. Over the following week, eleven separate firearms were discovered. Next, a clump of rusted pistols and revolvers so covered with barnacles that they might be unrecognizable was brought to the surface.

Perhaps we will never know if any of these firearms dredged up from Chef Menteur Pass were guns confiscated after Katrina. With the long history of firearms destruction and the dumping of guns into the waters of Lake Pontchartrain by the area police departments, the truth will remain shrouded in the murky brine and time. What we do know, however, is that in New Orleans there is still a trailer with barrels of rusted guns waiting for justice to be served.

Governor Bobby Jindal Honored

Louisiana Governor Bobby Jindal was recently honored at the 2008 NRA convention for legislation designed to prevent future gun confiscations similar to those in post-Katrina New Orleans. In this video, along with the statements of confiscation victims, you will see a brief description of Vinnie Pervel of Algiers Point and the resistance he formed against looters, known as The Algiers Militia at Fort Pelican.

Balie nef, blaie prope.

Gun Bans in the UK

Congrats Gordo & Todd!

Visit this link for my review and how to order your copy.

Toto.....We're Not In New Orleans Anymore!

Greensburg Gun Confiscations

By Patricia A. Stoneking

I would like to start this report by noting that I have personally spoke with several sources who were directly involved in the incidents that I am about to report that took place in Greensburg, KS in the aftermath of the horrible CAT 5 tornado that ravaged and destroyed that town. I will not be divulging their names in this article as they have requested I not do so.

The first thing I would like for everyone to acknowledge is that the residents of Greensburg were forced to evacuate and that, in and of itself, was an illegal action as martial law had not been declared. There were many people who wanted to stay and they were threatened with arrest and forcible removal if they did not leave as ordered. The tornado happened at 9:46pm on Friday evening, May 4, 2007 and they were forced to leave within a couple hours of it, being given no time to collect themselves or assess the damages or even try to pick up anything such as guns and valuables. Ed Klummp, Police Chiefs Association, testified at the House committee hearing with a position opposing The Emergency Powers Act and said the evacuations were so they could search for bodies and shut off gas and power and that the evacuation was for the safety of the residents. I have been told by a reliable source that the electricity was shut off prior to the tornado striking and the gas was shut off within a few hours after. It would seem that the evacuation was not necessary in light of that information. Perhaps the position should have been that those who want to leave be provided a way to do so and those who wish to stay be allowed to stay.

This town was locked down tight for several days and no one was allowed in or out. The only people in that town during this time were Sheriffs Officers, Kansas Highway Patrol Officers, ATF, FEMA, National Guard, Police Officers from surrounding areas and some volunteers from Ft. Riley, generally speaking, government officials. Authorities claim no one else was there or could have gotten in or out. Interestingly enough, I have been told repeatedly by all sources that the media was allowed to roam freely without escorts through Greensburg. Shall we ask why residents were not allowed to stay on their own property but media was allowed unfettered access?

Many guns and other valuables such as jewelry have gone permanently missing and have never been recovered. There were some houses that were not destroyed and were intact and habitable. Those folks did not want to leave but were forced to do so. When they returned they found their houses had been broken in to and all of their guns missing. One gentleman reports that when he went to claim his guns, taken from his secure home, they were returned to him in damaged condition. They were not damaged by the tornado. They were locked up in his home and illegally confiscated. So how do we suppose that damage occurred?

Guns and ammunition that were collected were taken to a trailer and an ATF agent manned the trailer. When people first came to collect their guns they were asked for proof of ownership such as receipts and serial number lists and they had to fill out a 4473 and get a NICS approval before they could claim their guns. No one had paperwork, receipts, or lists of serial numbers because it had all blown away. Later into the process they quit demanding these items and asked only for a list with make, model and description of the firearm. In one case, in the collection trailer, a gun case was claimed by one man who had a very nice trap shotgun in it and when he opened the undamaged and closed case, he found not his nice BT99 but another damaged gun that did not belong to him. That $1500.00 BT99 has never turned up. One comment made by all sources is that many “nice” guns were never recovered. Every source has reported that little to no care was taken with any of the firearms retrieved and taken into protective custody and they were not catalogued in any fashion. One resident said “they were just thrown in there in piles”.

One family, whose house was not damaged, reported that officers were going to remove them at gun point when they refused to leave their property and a gun fight was only averted when a KBI agent stepped in front of the other officers and pleaded with them to consider what they were doing. Those residents had taken up their shotguns and were not going to leave. We can only say thank heavens for that KBI officer who had the sense to realize what pressing these people at gun point would mean.

As I talked to these residents of Greensburg the accounts of their personal experiences kept flowing and they all had certain things in common. Their rights were violated, guns were confiscated illegally and they were forced to leave their homes illegally. When government agents came to their property they did not ask them if they were okay or needed help. They were there to forcibly remove them and confiscate their property. Many of them expressed fear of reprisal should they go public. Do they have the names of the officials who they believe acted illegally and inappropriately? In many cases, the answer is yes. Did all officials act illegally and inappropriately? NO. Many were very helpful and had great concern for the well being of the residents and were there to assist them with the best of intentions.

The people in Greensburg are a close, tight knit community, everyone knows everyone kind of place. They were very resentful of government coming in and telling them what they had to do. They would have preferred to stay and help each other locate valuables and guns and not leave their property. Several residents have reported that FEMA did more harm than good and would not even cooperate with local law enforcement. Residents of the town who were firefighters and trained in rescue operations wanted to stay and help their neighbors and friends and were told they could not.

The many stories that have been shared with me are too lengthy to include in this report. I just pose these questions. If there was even one act of misconduct or illegal activity by any governmental official are we to stand by idly and allow it without complaint? Should those who broke the law be allowed to continue to “serve” as law enforcement officials without question? Should the residents of Greensburg have to fear reprisal if they report and file complaints about what happened to them? Should Kansas and its legislative body do nothing to see to it that this never happens again?

I am turning over all of the information I have obtained to the NRA complete with names and numbers of those residents which I have spoke with. I am also going to turn the information over to some members of the Kansas House and Senate. I would urge everyone to contact their legislators and demand that a full investigation be conducted in to the events that took place in Greensburg. HB 2811, The Emergency Powers Act is a bill designed to prevent this exact kind of thing from happening and provide a remedy if it does (see that article). At the time of this publication that bill is in the Senate Federal and State Affairs Committee. Rise up Kansas! Let your voice be heard! Don’t let your town be next!!

Patricia A. Stoneking
Target Master Shooting Academy, LLC
NRA Certified Training Counselor
Law Enforcement Certified Tactical Firearms Instructor
Northeast Quadrant Director, Board of Directors, Kansas State Rifle Association
Legislative Liaison, Board of Directors, Tri-County Rod and Gun Club
Vice President, Board of Directors, Kansas Second Amendment Society
P. O. Box 117
Bonner Springs, KS 66012
(913) 667-3044
PAStoneking@kc.rr.com
www.targetmasteracademy.com

In Boston..........

What Is Xavier Reading?

I finally received my copy of The Great New Orleans Gun Grab-Descent Into Anarchy by Gordon Hutchinson and Todd Masson a few days back. I say long awaited, not because the book took a long time to arrive, but because in September 2005 I knew this book would be written. My copy actually arrived within days of being ordered from Louisiana Publishing.

It is odd that many gun owners still refuse to believe the reality of the US Constitution being raped on the streets of New Orleans and the surrounding areas in the days after hurricane Katrina. If you have a gun owner friend in denial, this book is a most illuminating Christmas gift. Many gun owners say "It could never happen here." Guess what.......It did. This book dispels a lot of the Rambo vote from the rooftops chest beating, and places the reader directly into the reality of confiscations.

Last night, I pored through the introduction and first chapter before I had to put the book down to get some much needed sleep. I was not at all surprised to find the first chapter to be Ashton O'Dwyer's tale of survival. Ashton lives in one of the antebellum mansions on St. Charles Street. He spoke for thousands when he went on national television and said "Treat me with benign neglect! Get out of my neighborhood, get out of my life, get out of my ******* city!" Ashton was living a resolute existence of survival at the time. To help preserve his sanity, with black humor, he proclaimed his property sovereign, the territory of the Duchy of Kilnamanagh, seceding from the United States as Peter Sellers had in "The Mouse that Roared". On the fateful morning of September 19, 2005, Ashton O'Dwyer drove to Baton Rouge to file the first Katrina related class action lawsuit against Governor Kathleen Blanco, Mayor Ray Nagin, and New Orleans Police Superintendent Eddie Compass. Then he drove back to his home on St. Charles Street.

The wild proclamations from his driveway made Ashton the media darling of the hurricane. The lawsuit brought him the attention of those in power. Most people who saw Ashton O'Dwyer broadcast around the world on CNN never knew what happened next.....Until now. Ashton O'Dwyer was taken into custody, caged like a dog, pepper sprayed, and shotgunned multiple times in the groin with beanbag rounds.

Obstinate and unswayed, Mr. O'Dwyer remained in New Orleans. Today he represents other confiscation and eviction victims. Tonight, I move on to the next chapter, the next victim.......

"The Great New Orleans Gun Grab - Descent Into Anarchy" by Gordon Hutchinson & Todd Masson is available from Louisiana Publishing, The Louisiana Conservative or Amazon.com for $19.95

Confiscating Clergy?

Recently, Jeff Ferrell of KSLA News of Bossier City, Louisiana published a story regarding the federal use of clergy to confiscate firearms in a disaster such as Katrina. He used footage from a Hollywood movie, "The Siege" to illustrate potential events in his news story. I'll cut and paste his story here.

Homeland Security Enlists Clergy to Quell Public Unrest if Martial Law Ever Declared
Aug 15, 2007 06:07 PM CDT

Could martial law ever become a reality in America? Some fear any nuclear, biological or chemical attack on U.S. soil might trigger just that. KSLA News 12 has discovered that the clergy would help the government with potentially their biggest problem: Us.
Charleton Heston's now-famous speech before the National Rifle Association at a convention back in 2000 will forever be remembered as a stirring moment for all 2nd Amendment advocates. At the end of his remarks, Heston held up his antique rifle and told the crowd in his Moses-like voice, "over my cold, dead hands."
While Heston, then serving as the NRA President, made those remarks in response to calls for more gun control laws at the time, those words live on. Heston's declaration captured a truly American value: An over-arching desire to protect our freedoms.
But gun confiscation is exactly what happened during the state of emergency following Hurricane Katrina in New Orleans, along with forced relocation. U.S. Troops also arrived, something far easier to do now, thanks to last year's elimination of the 1878 Posse Comitatus act, which had forbid regular U.S. Army troops from policing on American soil.
If martial law were enacted here at home, like depicted in the movie "The Siege", easing public fears and quelling dissent would be critical. And that's exactly what the 'Clergy Response Team' helped accomplish in the wake of Katrina.
Dr. Durell Tuberville serves as chaplain for the Shreveport Fire Department and the Caddo Sheriff's Office. Tuberville said of the clergy team's mission, "the primary thing that we say to anybody is, 'let's cooperate and get this thing over with and then we'll settle the differences once the crisis is over.'"
Such clergy response teams would walk a tight-rope during martial law between the demands of the government on the one side, versus the wishes of the public on the other. "In a lot of cases, these clergy would already be known in the neighborhoods in which they're helping to diffuse that situation," assured Sandy Davis. He serves as the director of the Caddo-Bossier Office of Homeland Security and Emergency Preparedness.
For the clergy team, one of the biggest tools that they will have in helping calm the public down or to obey the law is the bible itself, specifically Romans 13. Dr. Tuberville elaborated, "because the government's established by the Lord, you know. And, that's what we believe in the Christian faith. That's what's stated in the scripture."
Civil rights advocates believe the amount of public cooperation during such a time of unrest may ultimately depend on how long they expect a suspension of rights might last.

Story by Jeff Ferrell

Wow. Tin foil hat time.

I believe there is a misrepresentation of facts in this news story.

I know Charlton Heston's statements were misrepresented.

I'm not an attorney, so I'll simply cut and paste what I can find on Posse Comitatus.

The Posse Comitatus Act could be replaced, nullified or modified by a simple act of Congress.

In early 2006, the 109th Congress passed a controversial bill which grants the President the right to commandeer Federal or even State National Guard Troops and use them inside the United States. This bill, entitled the John Warner Defense Appropriation Act for Fiscal Year 2007 (H.R. 5122.ENR), contains a provision, (Section 1076) which allows the President to:

“...employ the armed forces, including the National Guard in Federal service, to...restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States..., where the President determines that,...domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy...” [3] Senator Patrick Leahy and others have condemned Section 1076 because it effectively nullifies the Posse Comitatus Act and the Insurrection Act (10 U.S.C. 331-335) and gives the President the legal ability to define under what conditions martial law may be declared. Link

The John Warner Defense Appropriation Act for Fiscal Year 2007 (H.R. 5122.ENR) says nothing about gun confiscation. It refers to restoring order and enforcing laws during civil unrest. One will note that laws are now in existance in many states prohibiting the confiscation of firearms from law abiding citizens in the event of a disaster. In Louisiana, House Bill 760 provides this protection.

The Disaster Recovery Personal Protection Act of 2006 was a bill introduced in the United States Congress to prohibit the confiscation of legally owned firearms during a disaster. It became law in the form of the Vitter Amendment to the Department Of Homeland Security Appropriations Act, in 2007. On July 13, 2006, the Vitter Amendment passed the United States Senate 84 to 16. President George W. Bush signed the Department Of Homeland Security Appropriations Act on September 30, 2006 and the Vitter Ammendment became Public Law 109-295.

So, you see, if the clergy is going to act as an agent of the federal government using Posse Comitatus to restore public order during periods of unrest following a disaster, they must be used to persuade the public, including public officials, to abide by laws already in existence. Thus, by the very laws they are trying to restore, they would effectively prevent the confiscation of legally owned firearms.

I do not know Sandy Davis, nor do I know Dr. Durell Tuberville. I do believe they were done a disservice by Mr. Ferrell, the journalist responsible for this misleading story. There is no talk from either man regarding confiscations, only of diffusing unrest, and helping to maintain the peace. I believe there was a stink pot of misrepresentation in this story, deliberate misrepresentation, to try to get a story started that does not even exist.

There were many guns confiscated in the New Orleans area after hurricane Katrina. Not one priest or minister abused the public trust to confiscate a single gun. Many priests and ministers traveled to the hurricane zone to help however they could. They were there. They did go into communities and shelters to help ease fears, and comfort the inconsolable. They did not, however, confiscate guns, nor did they to my knowledge attempt to convince people to surrender guns. In my opinion, it's time to call bullshit on this story.

The Untold Story of Gun Confiscation After Katrina

Cali Confiscation Update

It is beginning to appear that the confiscations in California are the work of a police informant, not the use of recorded sales of weapons to locate unregistered guns among multiple gun owners.

More information here and here.

There is still the issue of why the Los Angeles County Gun Task Force even exists.....

What The Hell?

It appears firearms confiscations and worse may be afoot in the sunny state of California. California banned the sale of AK and AR-15 rifles in the year 2000. People who owned so-called "Assault Weapons" prior to the ban were allowed to keep their firearms as ex-post facto laws prevent such things as retroactive gun banning. The State of California, however, required that anyone who had such a rifle prior to the ban undergo a special registration with the California Department of Justice. More recently, California required the registration of 50 BMG rifles by April 30, 2006, after banning their sale and importation.

Surprise! Officers from the Los Angeles County Gun Task Force have now started serving search warrants to residents who are suspected of holding unregistered "Assault Rifles" including 50 BMG target rifles. This "task force" has reportedly confiscated firearms and issued felony charges on at least one individual who was deemed to be out of compliance. If convicted on a felony, that gun owner will never be allowed to legally own any firearms for the rest of his life.

It is unclear how the Los Angeles County Gun Task Force obtained information that would constitute cause for a search warrant. If the gun owner did not register with the State, how did Los Angeles County know what firearms might be in his possession?

Keep your ear to the ground. This one is still developing.........

Who Were They?

On July 13,2006, the US Senate voted on the Vitter amendment, legislation to block future infringements on the right to keep and bear arms. The confiscation of legally owned guns during an emergency such as last year's hurricane Katrina took one more step towards becoming illegal.

Sixteen senators voted against this legislation, and therefore, against a fundemental right, not just an American right that our country was founded on, but the human right to self defense. There were no real surprises, or were there?

These senators were:

Daniel Akaka, Hawaii
Barbara Boxer, California
Hillary Clinton, New York
Christopher Dodd, Connecticut
Dick Durbin, Illinois
Dianne Feinstein, California
Tom Harkin, Iowa
Daniel Inouye, Hawaii
Edward Kennedy, Massachusetts
Frank Lautenberg, New Jersey
Carl Levin, Michigan
Robert Menéndez, New Jersey
Barbara Mikulski, Maryland
Jack Reed, Rhode Island
Paul Sarbanes, Maryland
Chuck Schumer, New York

Déjà vu Note: Under the unblinking eye of the C-SPAN cameras, Sen. John Kerry (D-Mass.) voted against the Vitter amendment. Minutes later he reversed course and voted for it.

US Senate Blocks Emergency Gun Confiscation

Today, the U.S. Senate voted to prohibit the confiscation of legally owned guns during an emergency like last year's Hurricane Katrina, marking another victory for the gun lobby. By a vote of 84-16, the Senate embraced an amendment by Senator David Vitter, a Louisiana Republican. He attached his measure to a domestic security spending bill for the fiscal year starting October 1 that the Senate is expected to pass soon. The U.S. House of Representatives has passed its version of the spending bill and negotiators will have to decide whether to keep the gun provision. The House is usually sympathetic to gun owners.

Citing the constitutional right to bear arms, Republican David Vitter said that during an emergency people should be allowed to hold onto "legally possessed firearms to defend your life, your property" at a time when telephone lines and cell phones probably are not operating and victims "can't reach out to law enforcement authorities." Vitter said 10 states have passed similar laws. Louisiana is one of them. Following Hurricane Katrina last August, some emergency workers expressed fears about guns being looted from stores and first-responders being threatened by gun proliferation.

Sen. Edward Kennedy, a Massachusetts Democrat, called the amendment "pay-back time by the National Rifle Association," a powerful lobbying group that opposes gun controls. Sen. Richard Durbin, an Illinois Democrat, added, "You send the National Guardsmen in ... and then snipers start shooting at them and the police make it known this is going to be a gun-free zone. We don't want any National Guardsmen killed because of this national emergency, this disaster. Is that an unreasonable thing?"

Vitter countered that the "declaration or state of emergency in and of itself does not give anyone the right to confiscate guns" and local law enforcement officials should not "trump" the Constitution. Last month, gun lobbyists won another victory when the House voted to overturn a recently enacted law requiring safety trigger locks on all hand guns sold in the United States. That measure, attached to a law enforcement spending bill, awaits Senate action.

Reuters

HB 89 Becomes Law

Louisiana Governor Kathleen Blanco has signed HB 89 by Representative Eric LaFleur (D-38) and Don Cazayoux (D-18), into law today. This "Castle Doctrine" bill creates presumptions in law for the use of force against intruders in your home, car or place of business and explicitly states in law that you have no "duty to retreat" from criminal attack if you are in a place where you have a legal right to be. This law goes into effect August 15.

HB 760 by Representative Steve Scalise (R-82), which prohibits the confiscation of firearms from law-abiding citizens during a future state of emergency or natural disaster, is currently awaiting Governor Blanco’s signature.

Are You With Us Or Against Us?

"When the Second Amendment is only as good as your mayor or your police chief says it is, the NRA must take action," states Wayne LaPierre, Executive Vice-President of the NRA.

Today, a line has been drawn in the sand. A gaunlet has been thrown down. In government, either you stand with the 2nd amendment or you oppose it. Soon, there will be stiff penalties for infringing on the 2nd ammendment rights of law abiding Americans. The National Rifle Association is issuing a challenge to our nation's mayors and police chiefs. They can sign a pledge that they will never take the guns from their constituents. Simply sign a pledge. Refusal to sign makes any gun owner wonder under what circumstances they would advocate the forcible confiscation of firearms from law abiding citizens.

May the gun grabbing incumbents be warned. Thousands of voters are watching. Mayors and police chiefs can simply declare, in writing, that they will never order the confiscation of weapons from law abiding citizens. The NRA is pointing to a dotted line, and placing the pen in their hand. If they refuse to state their position, in writing, gun owners will know exactly where they stand. Period.

The confiscation of firearms from residents of New Orleans in the wake of Hurricane Katrina is the seminal force for this challenge. If any person has any doubt that these gun confiscations occured against law abiding citizens, at gunpoint, watch the testimony of multiple victims on film, soon to be released by the NRA. Patricia Konie is only one of many. Naysayers were wrong. It happened in the United States. Hundreds of victims of confiscations. Thousands of guns taken. No receipts.

Mayors and police chiefs across the United States have become the latest pawns and advocates for gun control organizations. Other politicians try to keep their gun grabbing ways hidden from view. Expect some gun grabbing politicians to try to play the game and sign on and then continue as before. For those mayors, the NRA has a swift response. Jail. The NRA's chief lobbyist, Chris Cox, explains the group will introduce legislation that makes it a criminal act to seize firearms from law abiding citizens. "If you're in a position of public authority and you use it to forcibly disarm law abiding citizens, you're not going to get your hand slapped or pay a fine or get a good scolding from some judge in a few months down the line. You're going to be arrested on the spot and you're going to jail."

Today, elected officials are attending fund raisers and rallies organized by the Brady Campaign and other anti-gun groups. Catch phrases like "illegal guns" and the "right to hunt" are being bandied about. Make no mistake. SOS. It's the same old shit. The end goal is the eradication of privately owned firearms. At the point of a gun if need be. As you listen to your local politicians spew their sound bites, ask yourself.......Where do they really stand on your right to keep and bear arms? They are either friend or foe. They are either with us or against us. There is no middle ground. And now, they can put their position in writing........If they have the balls to do so.

Louisiana Bill to Protect Gun Owners

Representative Steve Scalise, a Republican from Metairie, Louisiana says people need to be able to protect themselves when other officials are overwhelmed during disasters. He says there was no reason for police to take firearms from individuals without cause. A Louisiana House committee has backed a bill that would bar the confiscation of guns during disasters and states of emergency in Louisiana.

New Orleans police confiscated looted over a thousand legally held guns after Hurricane Katrina. Victims of the New Orleans Police abuse of power, in most cases, still have not had their stolen property returned to them.

The House Criminal Justice Committee approved the measure in a 7-to-2 vote. The Senate has passed a similar bill, backed by the National Rifle Association. Scalise's bill goes next to the full House for debate.

Representative Roy Burrell, a Democrat from Shreveport, Louisiana says he worries the bill could take away the rights of police officers to protect people. Mr. Burrell apparently could not grab his ass with both hands if it were in front of him. Since when did the police have a right to protect the people? Shouldn't that be obligation Mr. Burell? As in what the vast majority of the NOPD and their helpers from all over the US failed to do under the misguidance of Eddie Compass III?

Confiscated Firearm Return Program Progess Report

At the end of the second day to reclaim guns wrongfully confiscated by the NOPD, police state only 17 of about 700 weapons had been returned to their rightful owners.

Gun owners must bring a bill of sale or an affidavit with the weapon's serial number. Police also are running criminal background checks on those claiming weapons.

17 out of 700. 683 more guns left to go. Then lets take a look at those Cadillacs........