ACLU Files Suit Over Gun Rights - NOLA

Discussion in 'The Constitutional & RKBA Forum' started by kingcuke, Jul 4, 2009.

  1. kingcuke

    kingcuke Member

    Mar 22, 2009
    Cucumber Island
    Why isn't there more publicity about this?

    Posted: Thursday, 02 July 2009 9:50PM

    ACLU files suit over gun rights

    Jay Vise Reporting
    A New Orleans man is suing the city and its district attorney for refusing to give back a gun that police seized when he was arrested on drug and firearms charges.

    The American Civil Liberties Union on Thursday filed the federal suit on behalf of Errol Houston Jr., who was arrested last year following a traffic stop.

    The suit says the district attorney's office declined to prosecute Houston but has refused to return his .40 caliber firearm.

    Houston claims Orleans Parish District Attorney Leon Cannizzaro has instituted a policy that firearms seized during arrests will not be returned to their owners.

    The ACLU says that policy violates Houston's constitutional rights.

    Cannizzaro says his office decides on a "case by case basis'' whether to return confiscated guns.
  2. When you snooze, you lose. why should he be allowed to get his weapon back just to use it to commit more crimes.

  3. Bobitis

    Bobitis Guest

    I'd like to see the charges.
    I've never known the ACLU as gun rights advocates.:rolleyes:
  4. armedandsafe

    armedandsafe Guest

    Of what crime was he convicted? Has he a past conviction of felony or domestic violence? Is he barred from firearm possession? Does the NOLA police have title to that gun?

    Sounds to me as if there is a theft involved here. Has anybody ever heard the term "due process?"

  5. 45nut

    45nut Well-Known Member

    Jul 19, 2006
    Dallas, TX
    Has he been convicted of a crime here? If not, Houston does not have the right to keep his gun. Unless They RICCO'd him.
  6. Suwannee Tim

    Suwannee Tim New Member

    Feb 11, 2009
    This is nothing. Ten years ago a Georgia farmer, an elderly black gentleman was traveling to Polk County Florida to purchase his yearly supply of fertilizer. He had $40K in cash to pay, something he had done every year for decades with the same company. He was stopped by a Florida trooper who asked him if he had any large sums of cash. He admitted that he did and the trooper seized it. Despite the fact that he could prove that it was his money and that he had an appointment to buy fertilizer the State would not return his money. His only alternative was an expensive lawsuit go get his money back. This is called "civil forfeiture" and it is done every day. The law presumes that the government is correct in the seizure.

    In Alabama a few years ago Walmart decided they wanted to build a store in a particular area. They employ developers to do this. The developer selected a site, only problem was that the site was already occupied by 10 families who had lived there for generations. They did not want to sell. The developer went to the County Commission and told them that if they could not get that land they would build the Walmart in the next county. The county used eminent domain to take the land for a fraction of what it was worth and the sold it to the developer, splitting the profit. Eminent domain abuse goes on every week except maybe for Christmas week.
  7. glocknut

    glocknut Active Member

    Happens alot and yet none of the people on the county commission, the developer or anyone at walmart have ever seen any ill effects of their thievery? Nobody is willing these days to do anything that will take them away from their cozy recliner chairs or big tv screens... and the crooked people of this world know it.

    I forget the exact wording as well as who actually said this but basicly one of the founding forefathers asked this question: Is Life so precious that we would rather live on our knees than to die on our feet?

    I suppose most would think "HECK that there are Lazy Boy recliners, High Definition Bigscreen Plasma TVs and Kentucky Fried Chicken AND PIZZA....

  8. Suwannee Tim

    Suwannee Tim New Member

    Feb 11, 2009
    The Roman Decimus Iunius Iuvenalis called it "panis et circenses", bread and circuses.
    Last edited: Jul 4, 2009
  9. artabr

    artabr New Member

    The guy in the story was originally arrested on drug & weapons charges. If they didn't prosecute he should have gotten the gun back.
    I'd be willing to bet that this happens a lot, but the owners would rather not raise a stink.

    Last edited: Jul 4, 2009
  10. Did the guy have a record BEFORE they took his gun? And even though he was arrested on firearms and drug charges, the DA dismissed the case. As long as he wasn't a convicted felon beforehand, and the gun was actually his, they should have given it back.

    Now, I'm really suprised the aCLU would even take on a case like this. They have a history of being anti-gun. They seem to believe in all our civil rights EXCEPT the 2nd amendment.
  11. artabr

    artabr New Member

  12. obxned

    obxned Active Member

    Mar 4, 2007
    Either charge and convict, or return his property. Anything else is absolutely unconstitutional!
  13. Big ugly

    Big ugly New Member

    Feb 27, 2009
    Knoxville Tennessee
    I agree. I hope the ACLU stick the shaft six feet in a breaks it off.
  14. GMFWoodchuck

    GMFWoodchuck New Member

    Oct 9, 2008
    Binghamton, NY
    Plus 1
  15. Trouble 45-70

    Trouble 45-70 New Member

    First time I can remember chearing for ACLU. No conviction, return property. Cash theivery used to be called highway robery. Now our government does it. Robber Barons. Anyone who gets pulled over on the way to go grocery shopping is going to be subject to seizure of cash when $200 worth of groceries will cost $1000 now that the Congress and the Fed are printing money that wont be earned in my lifetime.
    Last edited: Jul 5, 2009
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