NRA Files Suit Over Katrina Gun Seizures

In an Associated Press WorldStream article titled "NRA Files Suit Over Katrina Gun Seizures" dated 12/27/07 the following items were presented:

Comments italicized and in bold were added by Soap Box Ravings in an attempt to bring this item back towards the right from the stance of the AP's presentation.

The National Rifle Association (NRA) identified as a "powerful gun lobby organization" has hired private investigators to track down hundreds of gun owners whose firearms were seized (illegally) by New Orleans police after Hurricane Katrina.

The NRA is trying to locate gun owners (those who owned the seized firearms) for a federal lawsuit that the "lobbying group" (NRA) filed against Mayor Ray Nagin and Police Superintendent Warren Riley over the city's (illegal) seizure of firearms after the Aug. 29, 2005, hurricane.

As the flooded city descended into chaos and looting, authorities said they took guns from abandoned (evacuated) homes and from people trying to take the (legally owned and possessed) guns into shelters or onto evacuation buses in an effort to keep them out of criminals' hands. As the local police were overwhelmed, the National Guard was called in to assist in patrols.

The NRA's lawsuit marks a continuation of the group's efforts to protect Americans' constitutional right to bear arms. The group's influence in the U.S. Congress has been cited by critics as being behind most efforts to block gun law reforms (restrictions).

In the lawsuit, which is set for trial in February, the NRA and the Second Amendment Foundation claim the city violated gun owners' right to bear arms as guaranteed by the Second Amendment to the U.S. Constitution. The lawsuit says the gun owners were left at the mercy of roving gangs, home invaders, and other criminals" after Katrina. (Many New Orleans Police Officers were busy looting the city themselves as shown on national television or they disappeared and did not report for work.)

The NRA says the city seized more than 1,000 guns that were not part of any criminal investigation after the hurricane. Police have said they took only guns that had been stolen or found in abandoned homes. (When Soap Box Ravings was a police officer and was trained in the Fourth Amendment (Search & Seizure) he was trained that you only were allowed to look in areas where the object of the search could be found. In other words when looking for a stolen refrigerator, you would not be looking in someones dresser drawers. Nor would you look there for a missing person).

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. (In Soap Box Ravings' opinion, this is the type of "after the fact" bureaucratic behavior designed to minimize the return of the illegally seized property and one of the reasons for the lawsuit. Think about it, after a major hurrican and flooding disaster how many of you could come up with a bill of sale or an (unknown type of) affidavit for Gramp's old .38 or his deer rifle?)

In court papers filed Monday, NRA attorneys say investigators have found few of the guns' owners because the storm has scattered so many residents. NRA lawyer Daniel Holliday said investigators have identified about 300 of the gun owners and located about 75 of them. Some 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."

The NRA will not be satisfied until the police department has returned all the guns or reimbursed their owners. (In Soap Box Ravings opinion there should be some type of personal judgment found against the public officials responsible for the orders to confiscate private property illegally. )

Alan Gottlieb, founder of the Second Amendment Foundation, said the police have 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 said. "It's a bad example to let them get away with it."

Soap Box Ravings can not help but wonder how many items besides firearms were confiscated by New Orleans Police Officers from "abandoned" homes that were never seen by the rightful owners again. Any property seized in a lawful police action should have been tagged and identified with the location, date and time from which it was seized. The address should have been included with the location along with any known information on who lived in that location. Homes evacuated for a storm were not abandoned. Homes that were actually abandoned would not have been abandoned until much later after the storm and flooding had done their damage. The police statement they only took firearms from "abandoned" homes has all the earmarks of damage control bulls**t.