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NO lawsuit
Back from the Geo. Mason Univ. second amendment symposium--will blog my notes later in the day. Steve Halbrook has filed the New Orleans lawsuit, had copies, and described events.
Suit is filed in US District Ct, ED La. (Eastern District is actually sitting in other districts, since its courthouse is still out of action). Plaintiffs are NRA, SAF and an individual named Buell Teel (more may be added). Four counts. (1) violations of RTKBA under La. const., 2d and 14th amendment. (2) dep of property w/o due process. (3) Equal protection (armed security guards allowed to keep arms). (4) Illegal search and seizure.
Teel was proceeding in his boat to carry out rescue missions when he was approached by a La. sheriff's boat occupied by NYPD officers. They levelled M-16s at him, asked if he had guns. He replied yes (I think a couple of deer rifles). They boarded and confiscted them. He asked for a receipt and they refused, saying it was impossible to give them to everyone who was having guns seized. He continued on and had another boat, with local deputies, stop him the same way (guns levelled) with the same demand.
Plaintiffs got an emergency hearing, judge saying serious constitutional issues were involved. City attorney happened to be in building an attended a hasty hearing. CIty's position was that no guns had been taken from anyone and they'd never issued the confiscation order (nevermind that all news services had been reporting on it and confisctaions had been televised). City agreed to a consent order under which it must stop confiscations and will return guns taken.
The last is going to be a bear, since in many cases no receipts were given! Guns were seized by a variety of police agencies many, as in this case, from out of state. How they are going to figure out what gun should be returned to whom is going to be rather difficult!
PS--they're still seeking plaintiffs. See the previous post on how to report for duty as such, or call (888) 414-6333. (They ask that you only respond if you actually had a gun seized, or house searched for arms, or something like that. They've been overwhelmed by calls and emails saying someone saw it on the news, etc.). And if anyone knows the whereabouts of Patricia Konie, the lady who was on the broadcast video getting body-slammed by Calif. State police over a handgun, please email me personally. A friend is trying to reach her.
3 Comments
forgot something above: while it may be difficult to identify everyone, it won't be difficult to identify departments.
If NYPD sent officers who participated in the illegal activity, then New York City should be added as a defendant. Each department who sent officers who participated should be sued, perhaps individually.
This will accomplish two things. In an effort to settle, those departments will investigate internally and offer their resources to return the firearms, or compensate the plaintiffs with like arms/money.
Those departments that try to stonewall will have collection judgments entered, which are very bad for a city, county or State's bond rating. There will be adequate pressure to comply with the court's order, IF THE NRA KEEPS THE PRESSURE ON.
My experience with the NRA of late is that they pay too much attention to their PR image, and not enough to the substance of supporting RTKBA. Getting them to follow through to the logical end of this mess is going to be as difficult as pinning the corrupt LEO's down as to responsibility.
Mark my words here: this case will lose it's bloom, and like a faded rose, be ignored, unless WE keep the pressure on the NRA.
Riverdog beat me to it; not just the city, go after the officers involved, whatever agency they actually work for. This crap has to be dealt with harshly.
This is where my lack of legal training may hurt, but as a former LEO in Oregon, were I to have taken (seized) any property AT ALL, as an official act and not given a receipt, I could, and likely would, have been charged with Official Misconduct upon investigation. That charge terminates my LEO career here in OR.
I could also have been charged with Theft of the appropriate degree, and in OR, any Theft involving a firearm is ALWAYS Theft 1, a felony. Sheriffs and CLEO's may not employ convicted felons in this state.
I think that this matter of gun confiscations speaks much more loudly to the pervasive state of official corruption in Louisiana than it does as RTKBA issue. It's a slam dunk under the RTKBA, but the lawsuit should also be used to end the political office-holding of any and all political hacks who participated in it.
The spotlight of Katrina-Rita recovery shines very brightly on Louisiana corruption, and all good citizens must use the opportunity to finally clean up that cesspool of oppression.