Gun Confiscation Can and Has Happened in America - Katrina 2005

Colion Noir put up a video this morning, concerning firearms confiscations that occurred inn New Orleans, LA following Hurricane Katrina.

Yep, the city went door-to-door confiscating firearms.  I remember it.  

To our local sheriff's credit, at the time my agency had officers assisting in New Orleans following Katrina.  When Eddie Compass gave that infamous order, our sheriff pulled our local officers from the City, tellinng them to head home, and in no circumstances to confiscate any weapons.

In the aftermath, the voters of Louisiana made possession of firearms a fundamental right, subject to strict scrutiny.  The text of the Constitutional amendment is as follows:

§11. Right to Keep and Bear Arms

Section 11. The right of each citizen to keep and bear arms is fundamental and shall not be infringed. Any restriction on this right shall be subject to strict scrutiny.

The legislature followed up on that amendment by making it illegal for a peace officer to confiscate any weapon during a declared emergency.  That text is as follows:

§738. Emergency powers do not extend to confiscation or seizure of lawfully possessed or used firearms, weapons, or ammunition; exceptions

            A. The right of each citizen to keep and bear arms is fundamental and shall not be infringed. Nothing in this Chapter shall authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition except as provided in Subsection B of this Section.

            B. A peace officer who is acting in the lawful discharge of the officer's official duties may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual. The peace officer shall return the firearm to the individual before discharging that individual unless the officer arrests that individual for engaging in criminal activity, or seizes the firearm as evidence pursuant to an investigation for the commission of a crime.

Colion is right when he says that confiscations of firearms happened during this century in a major city in the US.  I think that Louisiana  demonstrated that this type of activity is possible, even today.  I think that the people of Louisiana took those steps that make this type of power-gab more unlikely.