Legality of gun confiscation

[militant]

I was reading how after hurricane Katrina, people got their guns confiscated. I was wondering if there was a law or statue that gave the LE in that area the authority to do so.

[Tom Servo]

The Louisiana unanimously passed a bill in 2006 to outlaw confiscations in times of emergency. On the federal level, HR 5441 was signed the same year. It prohibits any federal official from doing so as well.

Many other states have followed suit as well.

[Aguila Blanca]

Originally Posted by Militant

I was wondering if there was a law or statue that gave the LE in that area the authority to do so.

No, there was not. They did it anyway.

[militant]

Does HR 5441 only apply in "emergency settings" or does that prohibit any gun confinscation. I see all these bills being passed on gun control, why haven't we as gun owners fought back by making more laws likes HR 5441?

[Tom Servo]

Here's the text:

None of the funds appropriated by this Act may be used to temporarily or permanently seize any firearm during an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) if the possession of such firearm is not prohibited under Federal or State law, other than for forfeiture in compliance with Federal or State law or as evidence in a criminal investigation.

For posterity's sake, here's who voted for and against it.

[KyJim]

The confiscation prompted a lawsuit which was settled more or less favorably -- http://www.nraila.org/legislation/st...ion%22&st=&ps=

I do seem to recall reading that the city of New Orleans was still less than helpful in returning firearms because they required fairly high proof of ownership.

[Aguila Blanca]

Originally Posted by KyJim

I do seem to recall reading that the city of New Orleans was still less than helpful in returning firearms because they required fairly high proof of ownership.

True.

It's a huge hurdle. I don't have a huge number of guns, but most of what I have I have owned for a number of years. If I were asked tomorrow to prove I own them -- I'd be in deep doo-doo.

Just one example: How in the world could I possibly prove that I own my grandfather's old .22 rifle, that was bought before I was born? It predates the GCA of 1968 by at least a half century.

[Koda94]

Originally Posted by Aguila Blanca

Just one example: How in the world could I possibly prove that I own my grandfather's old .22 rifle, that was bought before I was born? It predates the GCA of 1968 by at least a half century.

Isn't possession 9/10 of the law? Wouldn't a simple photograph or serial number evidence be enough in this case?


Regarding the Katrina confiscation I am wondering how the police knew which homes to search? I'm skeptical that everyone spoke up and said "yeah in the closet"... since the seizures were warrant-less.



http://en.wikipedia.org/wiki/Critici...ilian_firearms

[SIGSHR]

I suspect gun confiscation is Adhocracy at work.

[USAFNoDak]

Tom Servo provided the list of Senators who voted Yea or Nea on the bill which provided protection against gun confiscation. Noteable that Hillary Clinton voted Nea. She would be very dangerous as POTUS with regards to our RKBA. But most of us probably know that already. We need to convince others who may not know her voting record(s).

[Aguila Blanca]

Originally Posted by Koda94

Isn't possession 9/10 of the law? Wouldn't a simple photograph or serial number evidence be enough in this case?

My recollection is that the New Orleans police were demanding purchase receipts or bills of sale before returning to the owners firearms that the police had no right to have taken in the first place.
So a photo and/or a record of the serial number might or might not be sufficient to establish ownership. As always, "the devil is in the details."

[chesterfield]

I can't believe then-Senator Obama voted yea on HR 5441.

[Dragonflydf]

A lot of gun owners never saw their guns again after katrina, as they were required to show receipts or other proof of ownership, never mind that they had just gone thru a freekin hurricane and some did not even have a house, let alone proof of ownership.