http://www.dailyworld.com/apps/pbcs.dll/article?AID=/20051117/NEWS01/511170318/1002

Session: Scalise seeks law to get guns back to N.O. owners

November 17, 2005

BATON ROUGE - The state needs to apply pressure to get law enforcement agencies to give back the firearms confiscated from hurricane victims, state Rep. Steve Scalise, R-Metairie said Wednesday.

Citing a 36-year-old state law that conflicts with the state and U.S. Constitution, law officers seized weapons from hurricane victims, particularly in the New Orleans area. Although a court has ordered the return of the weapons, some people haven't gotten their guns back, Scalise said.

"I don't think it's good policy that we keep this on the books, but the session did not allow us to address that," he told the House Criminal Justice Committee.

"I brought a resolution to at least bring it to people's attention that this is something we want to state, as a matter of public policy, that we don't agree with that law," Scalise said. "We also want to repeal that law, and I have a bill to that in the next special session, or at the latest, in March."

Gun Owners of America's Web site, gunowners.org, includes video of out-of-state police on temporary assignment in Louisiana kicking down a homeowner's door, confiscating weapons and taking away a woman from the house even though the woman had not broken the law, Scalise said. The officers may have been looking for trapped hurricane victims, he said, but the seizing the weapons was among the constitutional problems created in that situation.

"Do you think they were just overreacting?" state Rep. Jane Smith, R-Bossier City, asked.

"Probably," Scalise said.

Committee members said they agreed with Scalise on the need to change the law, but they were concerned about possibly hampering law enforcement if and when similar situations arise in the future.

Recalling televised images of people looting after Hurricane Katrina, committee members expressed interest in changing the law, but they said wanted to make sure police had the authority needed to maintain control.

"What went on in the New Orleans area during Katrina went past all-out gang war," committee chairman state Rep. Danny Martini, R-Metairie, said.

The committee unanimously approved Scalise's resolution.