Mayor of New Orleans’ Declaration of Emergency Allows Her to Ban Sale and Transport of Firearms

2nd Amendment – R2KBA Authors Jordan Michaels This Week
Mayor of New Orleans' Declaration of Emergency Allows Her to Ban Sale and Transport of Firearms
New Orleans Mayor LaToya Cantrell now has the power to ban the sale and transport of firearms.

The mayor of New Orleans issued a proclamation last week giving her the power to ban the sale and transport of firearms in the wake of the COVID-19 outbreak.

Mayor LaToya Cantrell has not indicated whether she plans to use her newfound power, but the sweeping declaration of emergency could significantly limit the Second Amendment rights of New Orleans residents.

“Subject to the provisions of Act 275 of 2006 (Regular Session), the Emergency Authority is hereby empowered, if necessary, to suspend or limit the sale, dispensing, or transporting of alcoholic beverages, firearms, explosives, and combustibles,” the proclamation states.

Act 275 of 2006 prohibits the mayor from confiscating lawfully possessed firearms, but New Orleans mayors have historically been more than willing to curtail the rights of their citizens. Act 275 of 2006 was passed after then-Mayor Ray Nagin tried seizing firearms in the wake of Hurricane Katrina. As Second Amendment Foundation executive vice president Alan Gottlieb noted in a statement, Nagin’s administration had to be sued before it started respecting Second Amendment rights.

Following Hurricane Katrina, we sued the city when then-Mayor Ray Nagin’s administration began confiscating firearms from law-abiding citizens for no good reason. The federal court order the city to cease confiscations.

We sued New Orleans then, and we’ll do it again. The presence of a nasty disease does not suspend any part of the Bill of Rights, no matter what some municipal, state or even federal politician may think. While we certainly recognize the seriousness of this virus and its ability to spread rapidly, treating Covid-19 and taking steps to prevent it from infecting more people has nothing at all to do with the exercise of the right to keep and bear arms under the Second Amendment.

Gottlieb added, “People legally licensed to carry should not have their right to do so suddenly curtailed because some politician panicked. We didn’t allow it before, and we’re not going to allow it now.”

SEE ALSO: ‘Seems like the World Has Gone Mad’: Ammo Shortages Rise Amid Coronavirus Outbreak

Though she has yet to restrict gun rights, Cantrell has already used another provision in her March 11 proclamation to close bars and restaurants. In a second proclamation on March 15, Cantrell specifically highlights her authority to “suspend or limit the sale, dispensing, or transportation of alcoholic beverages” as legal justification for her decision.

Cantrell isn’t the first mayor during the COVID-19 outbreak to empower herself to restrict firearm use. Mayor Deborah Frank Feinen of Champaign, Illinois, passed a resolution that allows city officials to ban firearms it they deem the action necessary. Feinen claims she has no plans to ban firearms, but the move sparked local outrage.

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  • Ronnie Pigg March 21, 2020, 9:08 am

    Trying to take our guns is one subject.
    Letting her and her henchmen doing so, is another.
    Just remember there were 2 wars fought over different, but still similar issues.
    1.Revolutionary War
    2.Civil War
    Regardless of what ever the issue may be, forcing upon us laws we do not bow down to, is cause to repeat history.
    LET NO ONE FORGET!

  • George McKinney March 20, 2020, 11:48 pm

    Just because bull-shit bimbo New Orleans Mayor thinks she can suspend the Second Amendment demonstrates how stupid she is, Local municipal law does not supersede Federal Law

  • PJ Maracle March 20, 2020, 7:58 pm

    If any politician thinks they’re going to threaten my constitutional right, I will not go down without a fight, so bring it.

  • RICHARD March 20, 2020, 4:35 pm

    wawawa-SOME POLITICIAN DID SOMETHING TO THREATEN MY ABILITY TO HAVE A GUN. I’m gonna sue em… DAMN-we would still be a British colony if the PATRIOTS had that mindset. ACTIONS speak volumes,whining is nothing more than …whining. MAKE your mind up RIGHT NOW-…IF ANY agency/entity (law enforcement) federal/state/local-hell even your grandma…actually makes an attempt to confiscate your otherwise legally possesed firearm-KILL THEM-right there-right then-PERIOD.

  • Phred March 20, 2020, 3:12 pm

    They elected her. What did they expect ? It’s just the beginning. Lock ‘n load !

    • Peggy March 20, 2020, 6:54 pm

      What in God’s green earth has selling guns have to do with anything that’s going on right now, this lady’s offer freaking rocker. Are these big wigs stopping the sale of guns just to start a martial law so we can’t fight back???

  • Don Rasher March 20, 2020, 2:28 pm

    Just because this bimbo claims she has the power, does not mean she really has the power, UNLESS , she found a loophole in the constitution whereby it gives “THE MAYOR OF NEW ORLEANS the power to amend the constitution, she’s full of crap! Anyone who loses a gun to this bimbo, should sue the mayor personally. Let her seize 500 guns, then answer 500 money damages lawsuits, having to hire lawyers to defend 500 lawsuits at a time

  • Vincent Bearinger March 20, 2020, 1:47 pm

    When are people going to realize that they’re breaking the law they keep telling me that I am repeating myself on the site lady ought to go back to where she came from wherever that may be and leave our Constitution that all alone maybe read it once in awhile

  • Vincent Bearinger March 20, 2020, 1:44 pm

    Isn’t she in fact breaking the law by obstructing the Constitution of the United States

  • E T Gwynn March 20, 2020, 1:09 pm

    This stupid woman has abrogated the Second Amendment which cannot be done. Anyone who enables her in this unamerican and unconstitutional action is as guilty as she.

  • streak March 20, 2020, 12:56 pm

    Female version of Al Sharpton POS

  • Lee March 20, 2020, 12:53 pm

    We survived Nagin during Katrina and we’ll survive knee-jerk Cantrell. She can’t do anything to really help the situation in NOLA so she has to do something and doesn’t have the experience or skills to work outside of the script her political backers have given her.

    She has pushed to have felons employed by the government and private business, she’s hamstringing police and she’s uncomfortably silent on a movement to dump prisoners from the parish prison out onto the street without bail to prevent them from spreading the COVID-19 in the prison – guess it’s OK for them to give it tous instead.

    Bottom line is: how eager is NOPD going to be in enforcing this dictate? Is she going to have them confiscate legally carried weapons in violation of state law? Are they going to arrest those carrying and put them in the parish prison, potentially exposing them to the coronavirus on what on its face is an illegal arrest? Will they issue a summons and, if so, on what charges? She opened a door here she didn’t want to open, but then she’s from California and only has an inkling of the New Orleans culture.

    New Orleans is generally awash in suits it has lost. State law allows it to pay off what judgements it can and postpone paying those it can’t, state law also prevents those waiting to be paid from seizing public property in payment. Smart folks who are arrested under her edict will probably go to Federal court and sue under the 2nd Amendment and cite the state laws as proof they were carrying legally. Federal law doesn’t allow the city to put off payment, they gotta go right to the cookie jar then and there so let’s see how diligently she and the PD handle enforcement.

  • oldfuzz695 March 20, 2020, 12:47 pm

    We spent our last week in that suckhole. Crummy, nasty hotels, addicts lying on sidewalks, with one having a needle still stuck in his arm. We saw one cop that week and he was sitting in his city car, watching the crosswalk to the visitors center. A great PR stunt for unaware visitors. NOPD corrupt for years. Two former police are on death row. We hired 2 and later sent one packing for stealing cigarettes from a burglary call.
    This mayor can kiss my little sister’s black cat’s ass.

  • Donald Crawford March 20, 2020, 12:29 pm

    Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.

    William Pitt the Younger

  • Grant Stevens March 20, 2020, 12:22 pm

    She may have the power, but she does not have the right to deny American citizens their unalienable right to keep and bear arms. But like all politicians in the modern era, their oaths to support and defend the Constitution of the United States are as meaningless as their campaign promises. We allow these tyrants to tread upon our hard-won Second Amendment at our own peril.

  • Mr. Sparkles March 20, 2020, 12:17 pm

    In the 1700’s King George had the right to levy a tax on tea too. See where that got him?

  • Michael Keim March 20, 2020, 12:06 pm

    The Albuquerque mayor and city council by a vote of 6 to 3 instituted the same policy. Never mind Albuquerque has a major crime problem and a shortage of police officers. Our governor pulled the National Guard off the border as soon as she was elected because she hates Trump. Now the bootheel is a major drug corridor. I say “F*ck You ” to any asshole politician who tries this kind of bullshit

  • Bayou Boys March 20, 2020, 10:20 am

    If she worked as hard paying the thousands to the IRS she owes that would help. Over half the politicians are in prison, the drug dealers are running throughout the city and she want to take the guns Oh yea the city credit card she was buying her personal groceries and gifts on Shame on you filthy stealing Bit&H.

  • Kevin March 20, 2020, 9:07 am

    Tar and feathers had a purpose.

  • Deaf Ears March 20, 2020, 8:54 am

    Is she also going to suspend the $90,000 she owes in taxes? Oh, and she still has dead bodies suspended over Canal Street from the hotel collapse where her corrupt permits department failed to inspect a building under construction. But, this is who the citizenry elected. So I feel no pity for the NOLA masses.

  • Leo March 20, 2020, 8:12 am

    Any law or resolution issued by any authority that “suspend or ends” any constitutional right most be ignored. The attack of this entitled mayor is not just to the residents of NO but to all of us the law abiding citizens of the USA. The Constitution is over any other law or any erratic interpretation produced by all level of government to include the Supreme Court. This is the way!

    • David Welsh March 20, 2020, 9:48 am

      Well said. She can’t do this any more than she can suspend any of their the other rights. The Constitution is intended especially for times such as these.

  • Dr Motown March 20, 2020, 7:51 am

    Time for every one of these emergency powers acts to be challenged in court, before they get challenged in the streets

    • mikeb March 20, 2020, 9:33 am

      SAF has already notified the mayor’s office they are prepared to sue should she take this action. They reminded her they sued over gun confiscation during Katrina and won.

      • Carl V. Berthelot March 20, 2020, 11:56 am

        Let her try to band the sale of guns. Lawyers will give her dark butt (If you think that’s racist come check the color of mine) the class action suit she is looking for. This Mayor is a No. ! piece of worthless crap with no respect from anyone.

  • Paul March 20, 2020, 7:29 am

    In addition to the Bill of rights as of result of that very lawsuit the Stafford Act( in effect currently) was amended to include specific protection of the 2nd amendment in that it now mandates any specific right(with regard to firearms) protected under normal circumstance (prior to any emergency proclomation)must be maintained in any emergency state. It also has teeth which allows for punishment of the individual who issues and those who enforce. There is also a provision for regress in federal court which thankfully allows citizens to include legal fees. I say try it Mayor! This as in Katrina has nothing to do with the welfare of the people. It is rather about control and power.
    ref: 42 U.S.C. 5207 U.S. Code under the public health and welfare, firearms

  • Hendrik Joseph Haan March 20, 2020, 7:18 am

    We all remember Katrina. NOLA city fathers had previously spent emergency contingency funds elsewhere, which was Bush’s fault. We also remember half of the NOPD was in business with the drug dealers. They raided the gun stores and were shooting at National Guard helicopters. How can we forget what NOLA is made of? The band played on…

    • Andrew N. March 21, 2020, 1:55 pm

      NOLA city “fathers” used the federal money for dike repairs / construction yo dredge the channels to make the oil easier to get out. The only part that was “Bush’s fault” was expecting NOLA to spend the money correctly, and he has Gov’t Agencies that are supposed to do oversight. A bunch of people who refuse to evacuate because they are afraid they won’t get their “Gub’mint check” are not Bush’s fault. Look what those fine folks did to the Superdome when it was used as an emergency shelter.

  • Robert Durand March 20, 2020, 7:09 am

    Hi law-abiding citizens of America . This is my take on those Mayer’s and governor’s who want to take our guns from us. if that’s what they want to do then the people with guns that protect them also should have to give up there guns to. just to make it fair .Hmmmmm let’s see how far that goes . Oh that’s right Mayer’s and governor’s are just trying to keep we the people safe from our self’s

  • Brick March 20, 2020, 7:02 am

    Here in Texas the Gov ( rep ) has done exactly the opposite. As long as food is ordered with the take out, alcoloholic beverages can be ordered with it. No talks of using a pandemic to break the law by poloticians here. Except for Austin where liberals run the city like garbage thus turning it into Commiefornia.

    • Carl March 20, 2020, 10:45 am

      Yep we have to reign in these politicians or they will take away your 2A rights

  • mark March 20, 2020, 6:27 am

    it appears the mayor is breaking the therefore she should be arrested and prosecuted. The mayor should be forced to under mandatory constitutional education because she obviously doesnt understand the constitution or the bill of rights.

  • Frank Romo March 20, 2020, 5:30 am

    Sure, go ahead, give me your security detail and I’ll give you didilly…

  • Ghost March 20, 2020, 3:57 am

    Scientist with 4 Degrees from MIT Warns
    By Ragnar | March 18, 2020 | Alinsky, CONSTITUTION:, Corruption, Economy, Evil Left, Health, Lefty Insanity, LEFTY MEDIA:
    Deep State’ Using Coronavirus Fear-Mongering To Suppress Dissent

    From the Western Journal:

    I saw this and well I’m posting it for your perusal, make of it what you will.

    Excerpts:

    A decorated scientist with four degrees from the Massachusetts Institute of Technology believes the coronavirus pandemic is being used by the “Deep State” for its own purposes.

    Shiva Ayyadurai said on Twitter that “fear-mongering” over the outbreak is being used to push an agenda.

    “As an MIT PhD in Biological Engineering who studies & does research nearly every day on the Immune System, the #coronavirus fear mongering by the Deep State will go down in history as one of the biggest fraud to manipulate economies, suppress dissent, & push MANDATED Medicine!” he said.

    It is important to note that Ayyadurai did not say the disease is man-made or a hoax.

    But what Ayyadurai did say is that some in the government are using the pandemic to frighten people into obedience.

    Think about what has transpired in less than a week’s time. We have handed control of nearly everything in our lives to the government.

    In many places, they are telling us when we can leave our homes and when we must return to them.

    They have decided what events or religious services we can attend, how many people are allowed to be there and which businesses are allowed to stay open.

    In the process, the global economy has crashed with the assistance of the media stirring everyone into a mass panic.

    People are hoarding and fighting over toilet paper as if it is the cure for COVID-19 and grabbing every canned and dry food they can find.

    Again, this is a very real disease and it can be dangerous, particularly to those who are immunocompromised or elderly.

    Let that sink in, you’ve seen in the news that many businesses have been told/ordered to close their doors. I’m not saying it’s a hoax, I’m saying think about what you are doing, use some common sense if you have any…There are several reports out there, if you have a compromised immune system you are at risk. Exactly what the good Dr. Ayyadurai has said. Slow down, take a breath, calm down, think, everything isn’t doomsday. I saw this in a meme the other day, or similar take on it: I’ve survive 10 pandemics since the late 70’s. H1N1, bird flu, SARS, Ebola, Zika, swine/bird flu Two, etc. Not trying to be a smart ass, but better a smart ass than a dumb ass! Wake the H up America… This Mayor thinks she can create her own version of MARTIAL LAW.

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