Thursday, July 18, 2019 19:20

Keep your powder dry… in Louisiana

– Wiccapundit

Of perpetual irritation to leftists is the fact that the right to keep and bear arms is enshrined in the Constitution as a specific right in the Bill of Rights (as opposed to the nebulous “right to abortion” found in the “penumbras” “emanating from the Bill of Rights”).  Nothwithstanding this long-existing right, and the recent Supreme Court decisions reaffirming it, government officials can’t seem to get it through their heads what “the right to keep and bear arms shall not be infringed” means.

In Louisiana, apparently it has become common for police officers, particularly in New Orleans, to confiscate a motorist’s firearm when they have been stopped for a traffic violation.  Then, they don’t give it back.   That’s right, they keep itFrom the Louisiana Sportsman:

After receiving a ticket for making a left turn outside of the allowed time period, a motorist had his handgun seized by the officer after he voluntarily advised her that he had one in his glove compartment.  When he asked for a receipt for the weapon, she replied:

‘The way I look at it, I didn’t know you had it, and you don’t know I’ve got it.’

The Second Amendment Foundation and the National Rifle Association filed suit post-Katrina seeking financial redress and return of guns seized.  This seems to have had little or no effect.

From the National Association of Gun Rights, a report from ProLitertate notes that Shreveport, Louisiana is just as bad:

Welcome to Shreveport: Your rights are now suspended.

According to Cedric Glover, mayor of Shreveport, Louisiana, his cops “have a power that [. . .] the President of these Unites States does not have”: His cops can take away your rights.

And would you like to guess which rights he has in mind?

Just ask Shreveport resident Robert Baillio, who got pulled over for having two pro-gun bumper stickers on the back of his truck– and had his gun confiscated.

While the officer who pulled him over says Baillio failed to use his turn signal, the only questions he had for Baillio concerned guns: Whether he had a gun, where the gun was, and if he was a member of a pro-gun organization.

No requests for a driver’s license, proof of insurance, or vehicle registration — and no discussion of a turn signal.

Accordingly, Baillio told the officer the truth, which led the police officer to search his car without permission and confiscate his gun.

However, not only does Louisiana law allow resident to drive with loaded weapons in their vehicles, but Mr. Baillio possessed a concealed carry license!

What does such behavior demonstrate, other than transparent political profiling — going so far as to use the infamous Department of Homeland Security report on “Americans of a rightwing persuasion” as a how-to guidebook, no less?

Mr. Baillio made no secret of his political affiliations: An American flag centers a wide flourish of pro-freedom stickers and decals on his back windshield.

In fact, when Baillio asked the officer if everyone he pulls over gets the same treatment, the officer said no and pointed to the back of his truck.

Baillio phoned Mayor Glover to complain about this “suspension of rights” only to find that his city’s morbidly obese “commander in chief” was elated at the story: According to Glover, Baillio got “served well, protected well, and even got a consideration that maybe [he] should not have gotten.”

Thankfully, Mr. Baillio recorded a good bit of that phone call. You can watch a video with the transcriptions here. I’ve reproduced a chunk of the call below:

Baillio: (in the context of being asked about the presence of a gun) Well, I answered that question honestly, and he disarmed me.

Glover: Which would be an appropriate and proper action, sir. The fact that you gave the correct answer — it simply means that you did what it is you were supposed to have done, and that is to give that weapon to the police officer so he could appropriately place it in a place where it would not be a threat to you, to him, or to anyone in the general public.

[. . .]

Glover: My direction to you is that, had you chosen not to

properly identify the fact that you had a weapon and directed that officer to where that weapon was located; had you been taken from the vehicle, and the officer, in the interest of his safety, chose to secure you in a safe position, and then looked, found, and determined that you did, in fact, have a weapon…then, sir, you would have faced additional, [inaudible], and more severe criminal sanctions.

Baillio: So what you’re saying is: I give up all my rights to keep and bear arms if I’m stopped by the police: Is that correct?

Glover: Sir, you have no right, when you have been pulled over by a police officer for a potential criminal offense [which would be what?! – DB] to stand there with your weapon at your side in your hand [Baillio’s weapon was nowhere near his side or his hand, and Glover knew that. — DB] because of your second amendment rights, sir. That does not mean at that point your second amendment right has been taken away; it means at that particular point in time, it has been suspended.

Will Grigg from ProLibertate, an excellent freedom blog, has this to say:

According to Glover, a police officer may properly disarm any civilian at any time, and the civilian’s duty is to surrender his gun — willingly, readily, cheerfully, without cavil or question.

From Glover’s perspective, it is only when firearms are in the hands of people other than the state’s uniformed

enforcers/oppressors that they constitute a threat, not only to the public and those in charge of exercising official violence but also to the private gun owner himself.

NAGR spoke with Mr. Baillio, and he told us that he’s in the process of securing the official procedures and codes for firearm handling and private property confiscation for the Shreveport police department.

So far, the city has been half-heartedly cooperating with him.

“I felt sick,” Baillio told NAGR. “My uncles didn’t die for this country so I could surrender my rights like a wimp. I felt terrible. I was just thinking of all that my family has done for freedom in this nation — including dying — and here they are disarming me at a traffic stop.”

In addition to the Second Amendment protection all citizens enjoy, the Fifth Amendment prohibits the taking of private property “without due process of law.”  What is described above doesn’t remotely approach the standard of due process.

Leftists always carp that Second Amendment advocates are simply paranoid nutcases perpetually afraid that the government is going to disarm them.  Stories like these confirm that such fears are not paranoia, but are real and reasonable.



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5 Responses to “Keep your powder dry… in Louisiana”

  1. James S. says:

    My main question is did he get the name and/or badge number of the officer? Not sure who polices the police, but he should probably go to the state police with this.

    • Wiccapundit says:

      I don’t know, but if it had been me, I would have immediately called to speak to the watch commander, and then followed up with a formal complaint, and probably a lawsuit. Putting the officer on the hot seat at a deposition would be an itch I’d like to scratch. Perhaps Sebastian could weigh in with some thoughts from the LEO front.

  2. All I know is that the best part of Louisiana is the part in my rear view mirror.

  3. Wiccapundit says:

    As Eric Cartman said in the classic South Park episode:

    “You WILL respect mah authoritah!”

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