A Nurse with a Gun

Thursday, February 05, 2009

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!

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Wednesday, October 08, 2008

Guilty! Guilty as Hell!

Three years after Mayor Ray Nagin and Police Superintendent Eddie Compass trampled on the rights of gun owners immediately after hurricane Katrina, a permanent injunction has been issued against the city of New Orleans, Mayor Ray Nagin and current Police Chief Warren Riley. Ray NaginJudge Barbier of the U.S. District Court for the Eastern District of Louisiana signed the permanent injunction against New Orleans. The city admitted the firearm confiscations carried out by Ray Nagin and Chief Warren Riley were unconstitutional and illegal.

At the time of the post-Katrina gun confiscations, Warren Riley was second in command beneath Police Superintendent Eddie Compass. Compass made a futile attempt at saving his boss when he fell on his sword, and Warren Riley assumed his position on the police force. Since that time, Riley declared he would again confiscate firearms in a disaster. He later rethought his statements.

Under the terms of the injunction, Mayor Ray Nagin, Police Chief Warren Riley and any agents or employees of the City of New Orleans shall:

· cease and desist confiscating lawfully possessed firearms from all citizens.

· make an aggressive attempt to return any and all firearms which may have been confiscated during the period August 29 to December 31, 2005.

Warren Riley· within one month of the settlement, post on the City website the procedure for the return of confiscated firearms. This notice must include an interactive form for those claiming firearms to fill out, resulting in timely transmission of the information to the appropriate official. All other information on claiming a firearm will also be included on the site.

· within one month of the settlement, the City must mail notices to all individuals who are identified on the property tags of firearms in the City's possession which were confiscated during the aftermath of Katrina.

Thank you NRA and SAF! If you, as a gun owner have not yet joined, do so.

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Thursday, December 27, 2007

Missing Something?

The National Rifle Association has hired private investigators to find hundreds of people whose firearms were seized by city police in the aftermath of Hurricane Katrina, according to court papers filed this week. The NRA is trying to locate gun owners for a federal lawsuit that the lobbying group filed against Mayor Ray Nagin and Police Superintendent Warren Riley over the city's seizure of firearms after the Aug. 29, 2005, hurricane.

In the lawsuit, the NRA and the Second Amendment Foundation claim the city violated gun owners' constitutional right to bear arms and left them "at the mercy of roving gangs, home invaders, and other criminals" after Katrina. The NRA says the city seized more than 1,000 guns that weren't part of any criminal investigation after the hurricane. Police have said they took only guns that had been stolen or found in abandoned homes.

NRA lawyer Daniel Holliday said investigators have identified about 300 of the gun owners and located about 75 of them. Some of them could be called to testify during a trial, he added. "Finding these folks has been a nightmare," Holliday said. "That is really the guts of our case — to establish that there was indeed a pattern of the police going out and taking people's guns without any legal reason to do so."

In April 2006, police made about 700 firearms available for owners to claim if they could present a bill of sale or an affidavit with the weapon's serial number. An attorney for the city and a police department spokesman didn't return a reporter's telephone calls Wednesday.

Alan Gottlieb, founder of the Bellevue, Wash.-based Second Amendment Foundation, said the police department has returned only about 100 of the 1,000 seized guns. "Obviously, we don't expect the city to find everybody. We only wanted to see a good-faith effort, and that's what the city didn't do," Gottlieb added. "It's a bad example to let them get away with it."

In court papers filed Monday, NRA attorneys say finding the gun owners has been difficult because the storm has scattered so many residents. New Orleans had an estimated 455,000 residents before Katrina, but less than two-thirds of that number live there now. The NRA is asking for a delay in the trial, set to begin Feb. 19, saying they need more time to find gun owners. U.S. District Judge Carl Barbier had not yet ruled on the request Wednesday.

By Michael Kunzelman, Associated Press Writer

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Friday, November 02, 2007

The Great New Orleans Gun Grab

The Great New Orleans Gun Grab by Gordon Hutchinson & Todd Masson is due to be released on November 15.

August 29, 2005, was a day no American will ever forget. When Hurricane Katrina, one of the top five-strongest storms ever to build in the Atlantic Basin, slammed into the city of New Orleans, her towering storm surge tested the limits of the flood walls and levees protecting one of America’s largest cities. The surge would find them lacking.

As the city filled and drowned, it descended into mass hysteria and anarchy, and within hours became a place that would reveal to Americans whether their Constitution had any more value than the frayed, fragile, brown parchment on which it is written.

As looters and thugs took over, the city’s leaders turned their crosshairs and iron sights toward the lawful, gun-toting citizens who sought nothing more than to defend themselves from the marauding hordes. In what proved to be the greatest real-life test case of the Second Amendment in American history, America failed miserably.

The Great New Orleans Gun Grab tells the story of New Orleans residents who legally defied mandatory evacuation orders to protect their property, and who were subsequently beaten, harassed and robbed of their guns by the very civil authority that was funded and charged to protect them.

You can order your copy here.

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Tuesday, February 13, 2007

Ray Nagin Found in Contempt of Court

News Flash from the NRA:
The National Rifle Association (NRA) and law abiding gun owners have won yet another victory this morning against New Orleans Mayor Ray Nagin and former police chief Warren Riley.

Judge Carl J. Barbier, presiding over the U.S. District Court for the Eastern District of Louisiana, granted NRA's motion for contempt against New Orleans Mayor Ray Nagin and Warren Riley for "failure to provide initial disclosures and to compel answers to discovery" during NRA's injunction against the City for their illegal gun confiscation of law abiding citizens following Hurricane Katrina in 2006.

"Once more, Mayor Ray Nagin and former police chief Warren Riley are held accountable for considering themselves above the law," said Chris W. Cox, NRA's chief lobbyist. "These men have had to be dragged, kicking and screaming, every step of the way in this process to return the lawfully owned firearms to their own citizens, and Judge Barbier rightly found them in contempt of court for their complete lack of respect for the rule of law."

Furthermore, Judge Barbier concluded the delaying tactics by the City's attorney, Joseph Vincent DiRosa, Jr, to be "wholly unprofessional and shall not be condoned". Mr. DiRosa admitted in Court that he had "no good reason" to explain his actions and has been ordered to pay partial legal fees to NRA's attorneys for their wasted time and money.

"Ray Nagin, Warren Riley and their attorney refused to provide vital information to the U.S. District Court for their unconstitutional acts in their city's time of great need," concluded Cox. "On behalf of the lawful gun owners of New Orleans, NRA is pleased with this outcome, we thank Judge Barbier for his swift decision and we will continue to press for the full return of all the city's confiscated firearms."

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Wednesday, January 17, 2007

SAF Files Motion to Hold Nagin, Riley in Contempt

Frustrated by repeated failures to meet court-appointed deadlines, and a pattern of disregard by the City of New Orleans, the Second Amendment Foundation has filed a motion to hold Mayor Ray Nagin and Police Superintendent Warren Riley in contempt of federal court.

A hearing on the motion is scheduled for Jan. 31 in federal district court in New Orleans. The Second Amendment Foundation is suing Nagin and Riley over the confiscation of firearms from law-abiding citizens in the aftermath of Hurricane Katrina in 2005. Joining SAF in the lawsuit is the National Rifle Association.

"Mayor Nagin, Chief Riley and the city's attorney have repeatedly failed to communicate with our legal counsel, even for the most trivial of matters related to this lawsuit," said SAF founder Alan Gottlieb. "We were prepared to file this motion months ago, but gave the city several opportunities to comply with the court, and to begin returning seized firearms to their rightful owners. They haven't done it."

"There comes a time when patience runs out," Gottlieb said, "and people need to be held accountable for what amounts to an arrogant disregard for the seriousness of this lawsuit and the rights of New Orleans gun owners."

The motion notes that Nagin and Riley failed to comply with a discovery order issued last Nov. 29 and asks that the court compel them to answer discovery questions from SAF and NRA attorneys. The defendants had been ordered to exchange initial disclosure information by Dec. 12, but ignored that deadline.

"At first," Gottlieb recalled, "Nagin, Riley and the city claimed they had not seized anyone's firearms. Then, faced with the threat of a contempt motion, they 'discovered' that guns had been taken and were being held at a central location. After that, the city promised to begin returning firearms, but put roadblocks in the way for citizens to retrieve their guns."

"The city's behavior in this matter, and particularly that of Mayor Nagin and Chief Riley, has been deplorable, and it is time for them to behave like adults," Gottlieb said. "Since the day the city began seizing firearms, Nagin and Riley have acted as though they are above the law. It is time they learned otherwise."

Link

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Saturday, October 14, 2006

Give Them Back!

The NRA is asking for donations to help fund the fight specifically to force the return of legally owned, illegally confiscated firearms in New Orleans after hurricane Katrina. Over one thousand firearms are still being held by New Orleans police in a doublewide trailer. Owners are showing up with serial numbers and receipts, and still, their guns are not being returned.

Go to GiveThemBack.com to learn more and make your contribution. The video evidence of these confiscations is now available, containing much more footage and testimony than has ever been released before. If you think you have seen the extent of this constitutional rape, you are wrong. You have only seen the tip of the iceberg! A DVD documenting these illegal confiscations, as well as the NRA response will be shipped for donations at or above $30.

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Saturday, June 10, 2006

Riley da Crawdad

Nawlin's Police Chief Warren Riley is doing some serious backpedaling. We call that crawdaddin' down here in Louisiana. You know, when the crawdad goes to damned far, he got ta back his ass up quick.........On June 2, 2006, Chief Riley stated publicly his officers were poised to again confiscate legally owned firearms if another hurricane hit the Big Easy.

It seems someone with sense pointed out to Mr. Riley that his tail might land in the slammer for giving a repeat performance in New Orleans. He might even be made an example of in federal and state court. Then the crawdadding began. Riley now asserts in the next emergency, his officers will detain people on the street in possession of firearms, but they will not confiscate the weapons unless the person has a criminal record, is mentally ill, or unable to prove they own the weapon. "They have a right to carry the guns, but they have to prove it is theirs," said Riley.

Wrong answer Riley. What the hell ever happened to the concept of innocent until proven guilty? That idea still applies in New Orleans, eventhough some officers apparently don't think so. Citizens do not have to prove ownership of their property. Law officers are, however, tasked with proving they committed a crime if they arrest a citizen. Are these simple concepts of law and order too damned much for a Chief of Police to comprehend?

How in the Sam Hill are officers going to perform instant background checks in the next disaster? Most folks seem to recall communications being destroyed in the last hurricane. Does Chief Riley believe they will survive the next?

Does Chief Riley plan to bestow some special super power on his officers to assist them in determining the mental competency of people walking the streets? Does he expect gun owners to laminate bills of sale and then zip tie them to their triggerguards in case of an emergency?

No, Mr. Riley doesn't expect all that, he just suddenly found out how very wrong his ideas and plans were. He's backing up quick before his ass gets caught. Crawdadding.

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Tuesday, June 06, 2006

More Gun Confiscations Planned in New Orleans!

Perhaps the residents of New Orleans view themselves as a special lot, facing adversity unencumbered by common sense. New Orleans residents recently displayed an unprecedented air of forgiveness when they re-elected Ray Nagin as mayor. It is hard to accept that some may be so incurably dense that they would re-elect the same mayor who was at the helm during the Katrina debacle. But then what can you expect from people who lived in homes below sea level in a hurricane zone, and after the hurricane washed their lives away decided to rebuild in the same place?

They say the difference between ignorant and stupid, is stupid can't be fixed. The New Orleans Police Commissioner could have claimed simple ignorance when he declared "No one will be able to be armed. We are going to take all the weapons," after hurricane Katrina. New Orleans Chief of Police Warren RileyAfter all, he was not required to read the US Constitution prior to swearing to uphold it (although a more intelligent man probably would have.) Yes, when the NRA and the SAF dragged Warren Riley's cohorts into court over widespread gun confiscation after hurricane Katrina, Riley could have simply feigned ignorance and slipped through the cracks. But..........

In an interview with WWL Radio on June 2, 2006, Riley stated his officers would again seize guns from law abiding citizens if another storm was to hit New Orleans. "During a circumstance like that, we cannot allow people to walk the street carrying guns. As law enforcement officers we will confiscate the weapon if a person is walking down the street and they may be arrested," Riley declared on the air.

Since hurricane Katrina the Louisiana legislature has passed new legislation, making firearms confiscation from law abiding citizens during times of civil disorder a crime. The Chief of the New Orleans Police department is now stating that should another hurricane strike New Orleans it is his intent to commit criminal acts. He intends to forcibly take firearms from law abiding citizens again, knowing full well that his acts are against the law. Mr. Riley is no better than the despicable looters lying in wait waiting for the next disaster to strike to help mask their crimes.

Here's hoping Mr. Riley is as good as his word. Here's hoping he becomes the first looter behind bars in the upcoming hurricane season. You might not be able to fix stupid but you can damned sure lock it away so you don't have to put up with it anymore. Go ahead Warren. Make our day.

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Monday, April 17, 2006

A Farewell to Arms

"If we took a gun from you and you were walking down the street, you went to jail. We took guns that were in homes. New Orleans Chief of Police Warren RileyWe 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." This is what New Orleans Chief of Police Warren Riley declared recently, after he was forced to admit that the NOPD held nearly a thousand illegally seized weapons in storage.

Do not forget. In the immediate wake of hurricane Katrina, with looters threatening honest law abiding citizens, while police officers were bugging out for God knows where, the same Warren Riley of the NOPD was quoted as saying "No one will be able to be armed. We are going to take all the weapons."

OK Warren, which is it?

People arrived today attempting to reclaim guns confiscated by the New Orleans Police Department after hurricane Katrina. Only after the NRA and SAF filed a motion to have Mayor Ray Nagin and Police Chief Warren Riley held in contempt of court did city officials miraculously discover that more than a thousand seized firearms were being hidden. "They told me the police took them the first two weeks after the hurricane, after that it was the ATF," stated Charles Clark, 62, a retired peace officer. Clark had an antique gun taken from his house after the hurricane. "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."

Approximately 700 weapons were made available to owners this morning. Frederick Thomas with his Ruger semi-automatic pistolThose seeking a weapon must bring either a bill of sale or an affidavit with the weapon's serial number. Police are running a criminal background check on anyone reclaiming their property.

73 year old Percy Taplet said the National Guard and State Police confiscated his shotgun when they forcibly evicted him from his home in New Orleans. He said he kept it for protection at his house and adjoining business. Today he was told 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."

"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 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."

"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.

The next time citizens can try to reclaim their property is April 19 and 21, between 10AM and 2PM at 401 N.Lopez St. in New Orleans. Call (504)658-5503 for more information. Bring proof of ownership and a tolerance for incompetent bullshit.

Watch the video.

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Tuesday, March 21, 2006

A State of Denial

After hurricane Katrina, John Carolan decided not to leave his half destroyed home in the Garden District of New Orleans. Armed with a handgun, and a supply of food and ammunition, he was one of the "hold outs" who were targeted by the likes of Eddie Compass and Warren Riley.

Men like John Carolan had every right to remain in their homes. They had every right to arm themselves against the lawless gangs that roamed the dark nights after hurricane Katrina. They were not suspicious of law enforcement officers roaming during the day wearing riot gear and riding on tactical vehicles. They thought the officers were there to help. For many honest homeowners in New Orleans, that was a mistake.

Many gun owners outside of New Orleans were skeptical of the early reports of gun confiscations. Then as video showing confiscations emerged, many skeptics maintained the illegal gun confiscations were not widespread. Now, after the Big Easy has admitted to hiding over 1000 firearms that were taken from private citizens, it is difficult for even the most obtuse skeptic to maintain a state of denial.

Over a thousand firearms were seized by law enforcement officers in New Orleans, and tossed into storage. Not one gun was cataloged. No inventory was performed. No receipts were given. Now, after five months, when the confiscations have been wrenched into the light of day for all to see, the City of New Orleans has decided to let anyone who can prove ownership have their property back. How nice. Perhaps Ray Nagin believes this gesture might result in the illegal confiscations being forgotten. No way Ray.

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Thursday, March 02, 2006

NRA Moves Against Nagin & Riley in NOLA

The National Rifle Association has filed a motion in federal court to have both New Orleans Mayor Ray Nagin and Police Superintendent Warren Riley held in contempt, stemming from the continued failure of Nagin and Riley to comply with a federal injunction issued last September to halt illegal gun confiscations following Hurricane Katrina and return all seized firearms to their owners.

SAF Founder Alan Gottlieb said the motion was made only after attorneys had exhausted all attempts to communicate and cooperate with the defendants, who have essentially ignored the federal court order. SAF and NRA took the city to federal court in September after widespread reports of gun confiscations in direct conflict with the Second Amendment and the Louisiana State Constitution.

"If Ray Nagin and Warren Riley think this lawsuit, and the court order, will just go away by pretending they don’t exist, they are sadly mistaken,” Gottlieb said. "Authorities in nearby Tammany Parish complied with the injunction immediately, and have agreed to the permanent restraining order. Counsel for New Orleans signed a consent order last Sept. 23, so they know this case is on the table.

"The City of New Orleans has insisted that no guns were seized, and we know that’s not true,” Gottlieb continued. "Our attorneys have provided the New Orleans attorney with evidence of the confiscations, including witness statements, and that information has been ignored. Authorities in New Orleans have made no attempt to comply with the consent order and return the firearms seized by police.

"Mayor Nagin seems to be suffering from the same denial that possessed him before the hurricane hit, and in the days afterward when he blamed everyone else on the map for his failure of leadership,” Gottlieb observed. "We want Nagin and Chief Riley to appear in open court and testify under oath why they should not be held in contempt. They have been given every opportunity to comply with the court order and they have done nothing. They are not above the law.”

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Saturday, December 31, 2005

THE Gun Story of 2005

Apparently overshadowed by a parade of Creole loonies gnashing teeth and pointing fingers before Congress and fears of FEMA trailers harboring wanton sex offenders, lies the story of hurricaine Katrina, the gun story of 2005, and quite possibly the greatest oversight of constitional rape our country has ever witnessed. I am writing, of course, about the New Orleans Gun Grab Saga.

In September, 2005, somebody gave law enforcement officers orders to confiscate legally owned firearms from New Orleans homeowners. Homeowners who had broken no laws, threatened no person, and who desperately needed those guns for self defense were the target of this confiscation edict. The big question that gun owners had pondered for years was finally answered. When given the order to seize weapons and trample on the US Constitution, many officers did not question the legality of the order. Instead, they willingly carried it out. Armed peace officers entered private homes like storm troopers, forced citizens to the floor, seized their only means of protection, and then loaded those defenseless citizens in military trucks for processing and shipment elsewhere. The unknown answer to the most fearful question was supplied to gun owners by the very actions of the officials involved. Undeniable actions yielded an undeniable answer. Yes, armed law enforcement officials will act on illegal orders from God knows where if the order is given a cloak of authority. Gun owners can no longer trust law enforcement to abide by the US Constitution over an illegal edict declared by rats who will later run and hide any trace of having given the order. Innocence was lost in New Orleans. Reality was seen.

Edwin Compass, disgraced NOLA police chief, has resigned. Compass was quoted as stating, "Only law enforcement are allowed to have weapons." The rumors surrounding Compass' strange resignation were exposed graft, phantom officers, and a host of other shenanigans, but not a damned thing was said about crapping on the US Constitution.

Compass' second in command, Warren Riley, who now commands the NOLA police force as an interim commissioner, was quoted as saying "No one will be able to be armed. We are going to take all the weapons." Riley is still running the NOLA department. His stand against the US Constitution has not been questioned. His reward was promotion.

The source of the illegal gun confiscation order has been obscured. Not surprisingly, in documents filed in federal court in Baton Rouge, La., New Orleans Mayor Ray Nagin, Police Chief Edwin Compass and St. Tammany Sheriff Jack Strain denied ordering the confiscation of firearms. Governor Kat Blanco is not widely suspected of giving the illegal order. The possibility of Blanco's involvement is covered up by a huge blanket of incompetence thoughout the entire disaster, and beyond.

The illegal confiscations of legally owned firearms, in the wake of the greatest natural disaster we have faced as a nation, have been ignored by the mainstream media. It has fallen off the radar on gun forums. Bloggers have let it be swept under the rug. Gun magazines write glowing reviews about the latest advertised firearm. Yesterday, at a gun counter in Louisiana, I heard doubts that these confiscations ever occured. When Bubba doesn't believe, we are all in trouble! The fact is, these acts DID happen, they were not isolated incidents, and when ordered to seize weapons from disaster victims, many police officers donned their body armor, fired up their tactical vehicles, and willingly obliged.

The United States District Court for the Eastern District in Louisiana agreed with the National Rifle Association (NRA) and issued a restraining order to bar further gun confiscations from peaceable and law-abiding citizens in New Orleans.

Attorneys have been hired to prosecute those involved.

Wayne LaPierre has vowed to make this issue the flagship issue in getting legislation passed to prevent this kind of constitutional desecration from occuring at any other time in the future.

Wayne LaPierre even gave gun owners a rallying cry....Remember New Orleans. He said, "With your help, the National Rifle Association is going to make sure it never happens again. We're going to go state-by-state and change every state law that has some type of emergency powers statute that allows authorities to regulate or confiscate guns from law-abiding citizens when an emergency is declared ...

The example of New Orleans is going to become the worst fear of those who want to ban guns in the good old U.S.A. Never again can the anti-gunners claim that honest citizens don't need firearms because the police and the government are going to be there to protect you ...

And we've got a good slogan that you're going to hear from one end of the country to the other. And that slogan is: Remember New Orleans ...

The next time anyone says to you: 'Are you just afraid or paranoid?' Look them straight in the eye and say: Remember New Orleans.

If they ask you, 'Why does anyone need to own a gun?' Remember New Orleans.

If they say to you, "Why does anyone need a high-capacity magazine?" Look them straight in the eye and say: Remember New Orleans.

What's wrong with a 15-day waiting period? Remember New Orleans.

What makes you think the government would ever confiscate your gun? Remember New Orleans.

Is the second amendment relevant in the 21st Century? Remember New Orleans.

That's our battle cry and let's never, ever let them forget it.”


It's shameful that many gun owners themselves, in four short months, have forgotten. It's disgraceful that some gun owners are actually in denial. It's time to kick your gun owning friends in the ass and get this damned mule train rolling again! The NRA cannot get legislation passed without our support. If we forget, our cause is lost.

These events could be the seminal force for greatest strides in gun owner rights in US history. Do not let the bastards take that possibility away from us! Do NOT forget New Orleans!

LaPierre's complete speech

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Thursday, September 22, 2005

New Orleans Gun Grab Saga

The Second Amendment Foundation (SAF) and National Rifle Association (NRA) joined with individual gun owners in Louisiana this morning, filing a motion in United States District Court for the Eastern District of Louisiana seeking a temporary restraining order to stop authorities in and around the City of New Orleans from seizing firearms from private citizens in the aftermath of Hurricane Katrina.

Arbitrary gun seizures, without warrant or probable cause, have been reported during the past three weeks since the Crescent City was devastated by the hurricane. In cases reported to SAF, police refused to give citizens receipts for their seized firearms. Earlier, SAF insisted that police account for all seized firearms, disclose their whereabouts, and explain how they will be returned to their rightful owners. Authorities have not responded.

Gun confiscations have been highly publicized since the New York Times quoted New Orleans Police Superintendent P. Edwin Compass III, who said, "Only law enforcement are allowed to have weapons," and ABC News quoted Deputy Police Chief Warren Riley stating, "No one will be able to be armed. We are going to take all the weapons."

For example, a San Francisco, CA camera crew from KTVU filmed one incident in which visiting California Highway Patrol officers tackled an elderly woman identified as Patricia Konie, to seize her pistol and forcibly remove her from her home. An ABC news crew accompanying an Oklahoma National Guard unit filmed another incident in which homeowners were handcuffed and disarmed, then released but without their firearms.

"We are delighted to work jointly with the NRA in an effort to bring these outrageous gun seizures to a halt," said SAF founder Alan M. Gottlieb. "Our inquiries about these confiscations were cavalierly ignored, as were our demands for a public explanation from the police and city officials about why citizens were being unlawfully disarmed, leaving them defenseless against lingering bands of looters and thugs.

"New Orleans officials left us with no recourse," Gottlieb observed. "It was bad enough that Big Easy residents were victims of the worst natural disaster in the nation's history. That they would be subsequently victimized by their own local government, taking their personal property without warrant, is unconscionable. These illegal gun seizures must be stopped, now."

Link

Both the NRA and SAF want to speak with people who had guns confiscated.
In preparation for further lawsuits over gun confiscations both groups are looking for people who actually had guns confiscated. 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, they are seeking contact information from actual victims of gun confiscation in Louisiana only.
Contact SAF via e-mail at safalert@liberty.seanet.com. Please be ready to provide them with your full name, address, current working telephone number and the date and time of the firearm(s) seizure, as well as any other pertinent information.


Update: Friday, September 23, 2005 4:37PM

Victory!


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.

We can stop and celebrate, but the work is not over. Mr. Nagin, Mr. Compass, and Mr. Riley have a little thing called RS14:134 to read up on with their advisors. Have fun!

In preparation for further lawsuits over gun confiscations the NRA and SAF are looking for people who actually had guns confiscated. 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, they are seeking contact information from actual victims of gun confiscation in Louisiana only.
Contact SAF via e-mail at safalert@liberty.seanet.com. Please be ready to provide them with your full name, address, current working telephone number and the date and time of the firearm(s) seizure, as well as any other pertinent information.

Update: Saturday, September 24, 2005 2:04PM

The Roaches Scatter


Yesterday, the U.S. District Court for the Eastern District of Louisiana issued a temporary restraining order on behalf of the Second Amendment Foundation (SAF) and National Rifle Association (NRA), bringing an end to firearm seizures from citizens living in and around New Orleans. District Judge Jay Zaney issued the restraining order against all parties named in a lawsuit filed Thursday by SAF and NRA. Defendants in the lawsuit include New Orleans Mayor Ray Nagin and Police Chief Edwin Compass III. News reports quoted Compass as saying that only law enforcement officials would be allowed to have firearms and Deputy Chief Warren Riley as saying, "We are going to take all the weapons." Wayne LaPierre of the National Rifle Association, states his group documented 30 to 40 cases of people having their weapons illegally confiscated by law enforcement after Hurricaine Katrina hit Aug. 29. The location and disposition of these weapons is being sought, as well as civil and criminal charges against those who instituted the acts of confiscation.

Not surprisingly, in documents filed in federal court in Baton Rouge, La., New Orleans Mayor Ray Nagin, Police Chief Eddie Compass and St. Tammany Sheriff Jack Strain deny ordering the confiscation of firearms. To wit:

Defendants, C. Ray Nagin, Mayor of New Orleans and P. Edwin Compass, III, Superintendent of Police for the City of New Orleans, deny the allegations in the Complaint For Declaratory Judgment and Injunctive Relief and specifically deny that it was or is the policy of the City of New Orleans nor the New Orleans Police Department to illegally seize lawfully possessed firearms from citizens;

Defendants C. Ray Nagin, Mayor of the City of New Orleans, and P. Edwin Compass, III, Superintendent of the Department of Police for the City of New Orleans, specifically deny each and every allegation in the Complaint for Declaratory Judgment and Injunctive Relief and specifically reserving all rights herein and waiving none, assert the following:

1. C. Ray Nagin has not issued, nor has he any intention of issuing, any order, declaration, promulgation, and/or directive pursuant to the authority granted unto him by LSA-R.S. 29:721, et seq., ordering the seizure of any lawfully-possessed firearm from law abiding citizens, nor has C. Ray Nagin delegated any authority granted unto him pursuant to LSA-RS 29:721, et seq. to any other city official, department head, officer, employee, and/or agent of the City of New Orleans including, but not limited to, P. Edwin Compass, III, Superintendent of the Department of Police for the City of New Orleans and/or Warren Riley, Deputy Superintendent of the Department of Police of the City of New Orleans;

2. P. Edwin Compass, III acknowledges that no authority has been delegated to him by C. Ray Nagin, Mayor of the City of New Orleans, pursuant to the powers granted unto the said Mayor by the provisions of LSA-RS 29:721, et seq. to order the seizure of lawfully-possessed firearms from law abiding citizens and that any and all statements which are allegedly attributed to him in such regard do not represent any policy, statement, ordinance, regulation, decision, custom or practice of either C. Ray Nagin or the City of New Orleans, its agencies and/or departments;

3. C. Ray Nagin and P. Edwin Compass, III affirmatively deny that seizures of lawfully possessed firearms from law abiding citizens has occurred as a result of the actions of officers, city officials, employees and/or agents of the City of New Orleans or any of its departments and further affirmatively deny that any such weapons are presently in the possession of the City of New Orleans, its agents and/or departments;

4. C. Ray Nagin and P. Edwin Compass, III further affirmatively deny that it is the custom, practice and/or policy of the City of New Orleans, either officially or unofficially, to seize and/or confiscate lawfully-possessed firearms from law abiding citizens.

PDF file of the Temporary Restraining Order

So, if I read this right, they didn't do it, they couldn't do it, and they wouldn't do it. The old SODDI Defense. Some Other Dude Did It. "Me and my homie wuz home watchin' TV." When the lights are turned on, roaches and rats scatter.

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Tuesday, September 20, 2005

Racism, Gun Confiscation, and Hurricaine Katrina

"Treat me with benign neglect." Ashton R. O'Dwyer, Jr. NOLA 2005

Nation of Islam leader Louis Farrakhan is now telling his followers that the levees in New Orleans may have been deliberately "blown up" to kill the city's black population. "I heard from a very reliable source who saw a 25 foot deep crater under the levee breach," Farrakhan explained. "It may have been blown up to destroy the black part of town and keep the white part dry." Farrakhan didn't say who he thought was behind the plot to blow up New Orleans' levees, nor did he explain how tons of water might have ignored the laws of physics and flowed uphill.

I am amused and dismayed to see that people like Farrakhan and his ilk are trying to make Hurricaine Katrina and New Orleans a race issue. In America, some people have made a living exploiting racial hatred, fears and injustice. Where were they on August 15, 2005? Were they in the 9th Ward of New Orleans trying to elevate their fellow man? No. They were elsewhere, seeking the latest race cow to milk. On August 28, with thousands of people in peril, New Orleans became that cow.

Some are saying this disaster lays bare the racism in our society. I suppose it does. A lot of people are seeing skin color and not actions. Then they think they have a right to render judgement because they saw it on TV. This disaster is not laying bare the racism in New Orleans, it's laying bare the racism all across our nation. How dare the news media and race mongers strip away the courage and commitment shown by family after family of poor disadvantaged black people and then paint them with a criminal brush? More on that issue here.

Even more troubling is Mayor Nagin and Police Chief Edwin Compass' ill advised decision to disarm those who have decided to stay. These politicians were willing to sell their citizens and constituents down the river as dangerous thugs and criminals to have the opportunity to trample on the Bill of Rights. People stayed for a myriad of reasons, and they were from all stratas of society. Some did not evacuate because they cared for elderly, or invalid bed bound relatives at home, who could not be evacuated without an ambulance. Other families might have one car but ten family members. Who would stay and who would go? Others did not even have a car, but had a job their family depended on, that they could not afford to lose. For these people leaving or staying was an enormous gamble. Most chose to face the storm as a strong, honorable family. They lost the gamble.


Other men evacuated their families but stayed behind armed to protect their homes and businesses. Why did they do this? Because ahead of the storm, before anything happened, they did not expect the New Orleans Police Department to be able to prevent looting. Little did they realize that the NOPD would seek to disarm them. I have a feeling the NRA and GOA will be getting a lot of dollars that would have otherwise gone to Ducks Unlimited. Many hunting oriented gunowners just became defense oriented gun owners by the actions of one misguided police chief.



The film shot of a California Highway Patrol officer inside of Ms. Patricia Konie's home has stirred the embers it well should. Never again should anyone wonder what will happen in a major disaster with liberal politicians in control. There are some who want to wash this incident away, who want to ignore the painfully obvious. We have seen the Wal-Mart in Baton Rouge refuse to sell guns or ammunition. We have also seen every 12 gauge shotgun, and damned near every handgun leave the shelves of every pawn and gun shop in Northern Louisiana in under three days. There are thousands of evacuees in my own city who are able to legally buy firearms in North Louisiana. People are not stupid. Some may have had their eyes opened after the storm, but they are not stupid. I pity the souls who were bused out of state and are therefore unable to purchase a gun.


People want to say a mistake was made trying to confiscate weapons. They want to believe it will not happen again. When I see that CHP officer return a revolver and a pocketknife to Ms. Konie, drive her back to her home, help her up her steps, and apologize sincerely for his actions, and do this on public television, I may begin to feel the same. Until then, I will rest comfortable in the knowledge that hundreds of shotguns will migrate from pawn shop shelves in North Louisiana to the Big Easy and the surrounding areas over the coming months.


Until then, the CHP boys should know better. They are sworn to uphold the US Constitution (and were resworn to do the same in front of the LSP base office to operate in Louisiana). I, like every other citizen expect them to know what is written on the document they swear to uphold.

The good people of New Orleans have a problem. On one hand they have looting thugs roaming about with guns taking personal property. On the other hand they have jack booted law enforcement roaming about with guns confiscating personal property. There are many in Louisiana that no longer see the distinction that a badge once provided.

Related:

TURNING TRAGEDY INTO TRAVESTY


Imagine yourself marooned in this hellish nightmare of helplessness:
Hurricane Katrina has shredded your hometown down to bare foundations.
You have no power. No refrigeration. No A/C. No running water.
Phone lines are down, cell towers out. You can`t call anyone. No one can call you. 9-1-1 is MIA. Police are nowhere around. Bands of armed looters, thugs and rapists roam the streets with hard eyes and hungry looks.

Every outbound road and bridge is impassable. Leaving is impossible. But staying is unimaginable. Because for tonight, anyway, living has been reduced to its barest, bleakest essentials: Fresh water, some food and survival against those who would take your home, your wife, your child or your life.

When darkness falls, you huddle in the sweltering, pitch-black night--your lanterns and flashlights extinguished to save batteries and fuel, your windows and doors wide open, in hopes of a cooling whiff of fresh air. And there, you listen and look out on a civilization utterly transformed, where not a single streetlight burns, no car passes and the only sounds are the drone of a few generators, occasional shouts and gunshots in the dark.

Amid the chaos, you and a few neighbors who own guns have stepped forward--as civic-minded citizens have done since civilization was born--to protect those who can`t protect themselves or their property.
You help where you can. Where you can`t, you hold out and pray.
By the time authorities finally arrive a week later, they set about dismantling the one levee that stands between utter anarchy and you and your family- the Second Amendment Right to Keep and Bear Arms--by vowing to confiscate your firearms and those of your neighbors.

This is New Orleans, September 2005: Where the most fundamental human freedom is all that stands between humanity and inhumanity, savagery and safety--and where authorities have vowed to raze that lifesaving safeguard.-----

By Marshall Lewin

Related:

A Call to Arms


The situation we`re seeing in New Orleans represents a complete vindication of everything we`ve been saying in defense of the Second Amendment," said NRA Executive Vice President Wayne LaPierre.
"All throughout history, what you have in the aftermath of disasters like Katrina is mayhem, looting, robbing, raping and killing by the evildoers, along with a complete breakdown of government`s ability to protect people from those who would do them harm," LaPierre said. "That`s exactly what the Right to Keep and Bear Arms was intended to address. The Second Amendment is the underpinning of citizens` efforts to stay alive."

Yet according to The New York Times and other media outlets, New Orleans authorities began seizing firearms from lawful citizens precisely when they needed them the most.
"No one will be able to be armed," said New Orleans Superintendent of Police P. Edwin Compass. "Guns will be taken. Only law enforcement will be allowed to have guns." All firearms--lawfully owned or not-- would be seized, he said.
Ironically, Compass added, "there`s nothing more important than the preservation of human life"-- ignoring the reality that the Right to Keep and Bear Arms was the only protection citizens had against violent predators roaming New Orleans.

"When law enforcement isn`t available, Americans turn to the one right that protects all the others--the Right to Keep and Bear Arms," LaPierre said. "If authorities are denying the Second Amendment rights of lawful citizens- especially during a crisis like this--those authorities should be condemned and their actions immediately reversed."
NRA-ILA Executive Director Chris W. Cox addressed the legal, tactical dimensions of any firearm confiscations in New Orleans. Louisiana state law does allow the chief law enforcement officer to "regulate possession" of firearms during declared emergencies, Cox noted, "but `regulate` doesn`t mean confiscate," he said.
"Armed gangs of from eight to 15 young men are riding around in pickup trucks, looting and raping."
"We`re exploring every legal option available to protect the rights of lawful people in New Orleans," Cox added, "and we`re immediately taking steps to overturn laws that allow that kind of oppression in every state where they exist." "This isn`t just about New Orleans, Mississippi or the Gulf Coast," added LaPierre. "It`s about all of our rights as Americans and, for that matter, as human beings, to defend ourselves from harm when no one else can or will. "the lesson of New Orleans is that citizens must be able to rely on their own ability to survive. The answer once and for all to politicians who say Americans don`t need the Second Amendment, government will protect you, the answer forevermore is New Orleans."

Descent into Mayhem


With one of the highest murder rates in the United States, New Orleans has long been one of the roughest towns around. Katrina didn`t help.
Within hours of the hurricane`s landfall on the Gulf Coast, looters had begun breaking into stores and homes. But what the media were quick to characterize as a simple search for water, food and the essentials of survival quickly degenerated into rampant theft , rape, vandalism and violence.
Looters ran down a state police truck filled with food. Carjackers seized the bus from the Covenant Home nursing facility, then gangs of people drove by the nursing home, shouting, "Get out!" at residents-- who did.

The home`s executive director, Peggy Hoffman, said, "We had enough food for 10 days. Now we`ll have to equip our department heads with guns and teach them how to shoot." Louisiana State Police spokeswoman Sgt. Cathy Flinchum said criminals were filing fake emergency reports to draw police away from places where they planned to commit crimes.

One criminal with a long arrest record was charged with raping a 13-year-old mentally handicapped girl from New Orleans at an Assembly of God campground.
A police officer was murdered.
A rescue helicopter was attacked.
Police killed at least four people who had assaulted U.S. Army Corps of Engineers contractors who were crossing a bridge to try to close a gap in the 17th Street Canal.

Captain Jeff Winn of the New Orleans Police swat team said, "Armed gangs of from eight to 15 young men are riding around in pickup trucks, looting and raping." Policeman Charles Hoffacker, whose beat includes Bourbon Street, said that at times, "it was like Mogadishu."
Within a week, for whatever reason, hundreds of New Orleans police had gone awol, and two--including the department`s spokesman--had committed suicide.
According to Sgt. Stephen Villere, night-patrol commander for the French Quarter, "It felt like a year, not a week."

The "Hue and Cry" that Keeps the Peace


Faced with this total breakdown in civil order, residents throughout the Gulf Coast quickly took steps to protect property, life and limb.
In Gulfport, Miss., one of the hurricane`s hardest-hit areas, after police reported that looters had completely cleaned out a nearby strip mall, resident Billy Bova and his neighbor took down the plywood covering their windows, and painted signs: "My best friends are Smith & Wesson," and "Owner home and will kill." Standing guard one night, Bova reported seeing several young men roaming the neighborhood carrying backpacks after curfew. "We pointed our Mag-Lites at them, and they saw our shotguns and rifle, and they took off running."
In effect, in the aftermath of Katrina, in much of Louisiana and Mississippi, peaceable armed citizens like Bova and his neighbor kept the peace as well as peace of mind.
9-1-1 didn`t exist, and police who were there advised citizens that they wouldn`t be around to answer any calls for help.

This real-life experience mirrors National Science Foundation funded research in the wake of Hurricane Andrew`s devastation of South Florida in 1993. Interviewing residents, researchers found that, "those who did have firearms gained a sense of security from them, even when they were never confronted with an intruder or any other situation where the fi rearms were actually needed." "We`ve got a lot of single mothers with kids in the neighborhood," Bova said, "so we`d walk through at dusk, make sure everyone was safe, and let them know that we`d be around. with no air conditioning, everybody`s doors and windows were open. So we said, `If you have any trouble, just scream. We`ll hear you.`" In the Garden District of New Orleans, residents John Carolan and Charlie Hackett armed themselves with a pistol and shotgun to deter looters. At one point, three men appeared at Carolan`s home, showed him a machete and asked him about his generator. Carolan showed them his pistol. they didn`t pursue things further.

In the city`s French Quarter, resident Joe Campiere tried for seven days before he finally reached police through 9-1-1. the three Texas officers who arrived on horseback after that were the first Campiere had seen since the hurricane. "I tell you, I`ve been terrified," he told the Christian Science Monitor, a holstered pistol at his side.

Across the Mississippi from the French Quarter, in the historic neighborhood of Algiers Point, after a resident was carjacked on the day after Katrina struck, several neighbors worked together to protect their homes. they armed themselves and patrolled the streets by day, and at night they took turns standing guard over their part of the lawless city.
It worked: Looters left , presumably to look for easier pickings.
Resident Alexandra Boza posted a sign on her front porch reading, "Pit Bull Will Attack. We Are Here and Have Gun and Will Shoot." "I`m a part of the militia," she said, perhaps not realizing that her statement was true in the most accurate, historical sense of the Second Amendment.

Police suddenly body-slammed the elderly woman into her kitchen wall, sending dishes and a trashcan flying. Then they confiscated the gun and dragged her out of her home.
As Thomas Paine put it in 1775, "Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property Horrid mischief would ensue were (the law-abiding) deprived of the use of them." Tragically, horrid mischief still awaited the besieged residents of the Gulf.

Dispossessing Victims, Disarming the Defenseless


It was a week after Katrina struck before many New Orleans residents saw any of the thousands of federal, state and local emergency officials-- from the California Highway Patrol to the NYPD, the 82nd Airborne to the National Guard--who`d been dispatched to help them.

First those forces were focused on search and rescue. then they aimed at deterring and detaining looters.
Finally they were detailed, under Mayor Ray Nagin`s order, to evacuate the Big Easy--willingly or not.
Then, 11 days after Katrina hit, local police began confiscating firearms from civilians in preparation for a forced evacuation of the last holdouts.

"We are going to take all the weapons," Deputy Police Chief Warren Riley told the Associated Press.
But many residents didn`t want to leave, for fear of losing their pets, their possessions or their homes.

Fox News cameras caught one violent confiscation on tape. Police entered the residence of an elderly woman, Patricia Konie, demanding evacuation. "I don`t want you in here, period," she said, pointing out her street was dry, she had adequate food and water, and if looters came, she had a gun.

When the police asked to see her gun, she showed them a small revolver, which she carefully held safely in her palm--no hand on the grip or finger on the trigger.
Police suddenly body-slammed the elderly woman into her kitchen wall, sending dishes and a trashcan flying.
Then they confiscated the gun and dragged her out of her home, dazed and staggering, for processing.

New Orleans attorney Ashton O`Dwyer, whose house was intact and who had plenty of food and water, also resisted, as shown in a CNN.com segment. "Let them be warned," he said. "they try to come to my house, they try to evict me, they try to take my guns, there will be gunfire." Yet while authorities sought to disarm ordinary citizens in New Orleans, they had no plans to disarm private security guards hired to protect businesses, the wealthy and connected. Which means that, as is so often the case throughout history, freedom and safety are reserved for the well-to-do- while ordinary citizens most in need of protection are left with little more than their prayers and pleas for mercy.

Bova, the Gulfport resident quoted earlier, brought the situation into the starkest focus. When I told him of New Orleans` policy of disarming honest citizens, he was speechless at first, for he hadn`t heard the news. then he grew livid.
"These are people who have lost everything," he said. "their kids, their homes, their life savings, all their possessions. All that`s left is that they`re still alive. You mean to tell me, after losing all that, politicians want to take away their guns--the one thing that can keep them alive? "Who do they think they are?" he shouted. "these people ought to be indicted and put in jail!" "For generations, anti-gun politicians have claimed that honest citizens don`t need firearms because the police or the government will always be there to protect you," said NRA`s LaPierre. "that`s nonsense, it`s naive, it has never played out that way in history, and New Orleans proves it once and for all.

"Authorities are trying to do what the looters and criminals could not: disarm the law-abiding citizens of New Orleans trying to protect their homes and families," he said.
"The NRA will not stand idly by while guns are confiscated from law-abiding people who`re trying to defend themselves." NRA-ILA chief Cox agreed.
"We`re going to do what it takes to ensure this never happens again," Cox said. "First, we`re going to go into every state that has laws allowing authorities to confiscate firearms from lawful people during a state of emergency, and we`re going to change those laws. Second, we`re going to get legislation on Capitol Hill to amend the federal disaster laws, so that governments never have the authority to confiscate firearms from peaceable citizens--whether under a state of emergency or not.

And third, we`re going to go to court to defend the Second Amendment rights of people whose firearms have been confiscated, and we`re going to get those firearms back," Cox said. "The NRA will not allow this travesty to stand."

Xavier's Note:
In preparation for further lawsuits over gun confiscations the NRA and SAF are looking for people who actually had guns confiscated. 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, they are seeking contact information from actual victims of gun confiscation in Louisiana only.
Contact SAF via e-mail at safalert@liberty.seanet.com. Please be ready to provide them with your full name, address, current working telephone number and the date and time of the firearm(s) seizure, as well as any other pertinent information.

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