Post by shoreman on Aug 23, 2006 19:10:13 GMT -5
Judge refuses New Orleans' request to dismiss NRA lawsuit
www.katc.com/Global/story.asp?S=5289736
NEW ORLEANS -- A federal lawsuit accusing the city of illegally confiscating firearms during the chaos that followed Hurricane Katrina was kept alive by a federal judge Wednesday.
U.S. District Judge Carl Barbier denied a motion by the city of New Orleans to dismiss a suit by the National Rifle Association and the Second Amendment Foundation. The gun-rights groups sued Mayor Ray Nagin and New Orleans Police Chief Warren Riley over the confiscation of guns following Hurricane Katrina.
The city asked the judge to dismiss the suit for lack of jurisdiction, saying "the states, and by extension their political subdivisions, are free to proscribe the possession of firearms."
The court rejected the motion, ruling the city did nothing to back up "the brazen assertion" that the second amendment did not apply.
"I'm delighted to see that the second amendment still applies in Louisiana," said Wayne LaPierre, executive vice president of the NRA.
The suit says that during and after the Aug. 29 storm, "Mayor Nagin ordered the New Orleans police and other law enforcement entities under his authority to evict persons from their homes and to confiscate the lawfully possessed firearms."
By pursuing it, the NRA hopes to prevent any such action in the future, LaPierre said. The organization also hopes the court will order police to return guns in their possession to the rightful owners, he said.
In April, police made about 700 weapons available to owners. Those seeking a weapon must bring either a bill of sale or an affidavit with the weapon's serial number, which LaPierre called an "impossible requirement."
Police spokesman Sgt. Carlton L. Lewis said Wednesday he could not say how many weapons remained. He said people can still claim them.
In a prepared statement, city attorney Penya M. Moses-Fields said the city anticipates that additional pleadings will be filed on behalf of the mayor and superintendent in the near future.
www.katc.com/Global/story.asp?S=5289736
NEW ORLEANS -- A federal lawsuit accusing the city of illegally confiscating firearms during the chaos that followed Hurricane Katrina was kept alive by a federal judge Wednesday.
U.S. District Judge Carl Barbier denied a motion by the city of New Orleans to dismiss a suit by the National Rifle Association and the Second Amendment Foundation. The gun-rights groups sued Mayor Ray Nagin and New Orleans Police Chief Warren Riley over the confiscation of guns following Hurricane Katrina.
The city asked the judge to dismiss the suit for lack of jurisdiction, saying "the states, and by extension their political subdivisions, are free to proscribe the possession of firearms."
The court rejected the motion, ruling the city did nothing to back up "the brazen assertion" that the second amendment did not apply.
"I'm delighted to see that the second amendment still applies in Louisiana," said Wayne LaPierre, executive vice president of the NRA.
The suit says that during and after the Aug. 29 storm, "Mayor Nagin ordered the New Orleans police and other law enforcement entities under his authority to evict persons from their homes and to confiscate the lawfully possessed firearms."
By pursuing it, the NRA hopes to prevent any such action in the future, LaPierre said. The organization also hopes the court will order police to return guns in their possession to the rightful owners, he said.
In April, police made about 700 weapons available to owners. Those seeking a weapon must bring either a bill of sale or an affidavit with the weapon's serial number, which LaPierre called an "impossible requirement."
Police spokesman Sgt. Carlton L. Lewis said Wednesday he could not say how many weapons remained. He said people can still claim them.
In a prepared statement, city attorney Penya M. Moses-Fields said the city anticipates that additional pleadings will be filed on behalf of the mayor and superintendent in the near future.