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  • Rpraetorian

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    Mar 4, 2008
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    With all of the documented controversy about illegal gun confiscation in New Orleans and at least one other surrounding parish, if confronted by law enforcement, what are the legal rights of a gun owner?

    How do you prevent law enforcement from illegally confiscating your firearm?

    What should you tell law enforcement at that moment to prevent them from illegally confiscating your firearm?

    I shoot in 1 - 2 matches each month. This requires that I carry my firearm, ammunition, and other shooting supplies. Should I carry a copy of my receipt from the firearm dealer?

    Comments / Suggestions?
     

    George

    Don't tase me bro!
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    Sep 18, 2006
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    The Great New Orleans Gun Grab....read it

    http://www.neworleansgungrab.com/

    LEO can not just confiscate your weapon. If you say its yours and everything is legit, not stolen, no felony convictions, then you are fine. If they jsut confiscate it to do it. call the NRA or contact your lawyer. read that book. they did it iin NOLA and a Judge signed a cease and desist(sp) order on it.
     

    aroundlsu

    Bayou Photo Shooter
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    Dec 21, 2007
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    Baton Rouge
    The Great New Orleans Gun Grab....read it

    http://www.neworleansgungrab.com/

    LEO can not just confiscate your weapon. If you say its yours and everything is legit, not stolen, no felony convictions, then you are fine. If they jsut confiscate it to do it. call the NRA or contact your lawyer. read that book. they did it iin NOLA and a Judge signed a cease and desist(sp) order on it.

    +1 I have this book and read it. You can get it at Barnes and Noble.
     

    Jimmy Dean

    Well-Known Member
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    Mar 5, 2008
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    I am readin the book right now, got it in yesterday, about halfway through it. Found some of the interviews funny, like the first guy who claimed his house in the name of a new country, knowing it was a joke out of boredome and all, it was pretty funny....what the cops did wasn't though. :/
     

    CavalryJim

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    LEO can not just confiscate your weapon.

    They can and did.

    Long-term: get a lawyer and do the court thing.

    Short-term: resist giving up your firearm, ask for justification, ask for legality, argue, etc. If it looks like you are going to be arrested or shot, hand it over, ask for a receipt, wait for them to leave, then retrieve one of your spares....repeat as necessary and maintain a low profile.
     

    greg t

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    Oct 1, 2006
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    i think this is one strong reason to get and/or keep a video camera close at hand at all times. if you can document, on video, that officer confiscating your firearm, you'll be in much better standing down the road.
     

    spanky

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    Sep 12, 2006
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    Gonzales, LA
    The Great New Orleans Gun Grab....read it

    http://www.neworleansgungrab.com/

    LEO can not just confiscate your weapon. If you say its yours and everything is legit, not stolen, no felony convictions, then you are fine. If they jsut confiscate it to do it. call the NRA or contact your lawyer. read that book. they did it iin NOLA and a Judge signed a cease and desist(sp) order on it.

    I think he's asking how to prevent this from occurring in the first place.
     

    Rpraetorian

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    Mar 4, 2008
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    Thanks for the feedback/comments. I will check out the book.

    In some of the videos and accounts of the gun confiscations (including a recent post in the American Rifleman magazine) the police officer asked if the owner has a receipt for their firearm. If they could not produce one, the police officer stated that they would have to confiscate the firearm. They would not give the owners a receipt.

    Since the police used the lack of a receipt of ownership as justification to confiscate the firearm, I thought it might be an advantave to have a copy with me when I transport my firearm. I also thought I would arm myself with some legal knowledge about consititional rights and state gun laws in order to prevent or reduce the likelyhood of an illegal gun confiscation.

    I have talked with several friends who are police officers who state that if law enforcement wants to illegally confiscate you weapon, your only course of action is to fight them in court. Its not worth getting shot.
     

    mark edward marchiafava

    mark edward marchiafava
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    Mar 1, 2008
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    in the woods
    NRA is still fighting that battle. Yea. Uh huh. And they will CONTINUE to "fight that battle" as long as it helps them seperate the fools from their money. Other than myself, has anyone noticed the NRA (negotiate rights away) has NOT made any effort to have those rogue, CRIMINAL cops ARRESTED? Maybe ya'll need to call the NRA's gilded palace in Virginia and ask them "why not?"
     

    LACamper

    oldbie
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    Jun 3, 2007
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    Metairie, LA
    I have talked with several friends who are police officers who state that if law enforcement wants to illegally confiscate you weapon, your only course of action is to fight them in court. Its not worth getting shot.

    correction:
    "...your only LEGAL course of action is to fight them in court. Its not worth getting shot."

    First, in a Katrina type situation you shouldn't be traveling on foot alone. Second, some things, like your constitutional rights, are worth fighting for. Obviously, this is not the best choice, its a last resort. Walking across a city full of rioters or looters unarmed may not be worse than resisting.
     

    SimonJester308

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    Feb 28, 2008
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    Carry pocket sized copy of Constitution. If the LEO still insists on confiscating your firearm, then decide for yourself if you are willing to shed blood for Liberty.
     

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