Bill O'Reilly supports gun confiscation in emergencies...

[spin]

I announced yesterday that Oath Keepers founder Stewart Rhodes had been invited on The O'Reilly Factor to present his side of things following the Southern Poverty Law Center's Mark Potok's attack on the previous night. Regular readers here know Potok is continuing to sing an old tune, repeatedly trying to affiliate those who honor their oaths to uphold the Constitution with violent haters.

O'Reilly embraced that meme, beginning his segment with a "Tracking Hate Groups" graphic, and presenting Potok's most outlandish characterization of the group for the back story.

Asking Rhodes why it is legitimate for Oath Keepers to even discuss government disarming Americans, Rhodes properly cited exactly that happening in the aftermath of Hurricane Katrina. When O'Reilly brought up a state of emergency, Rhodes shot back by challenging him to show "where...it say(s) in the Constitution that bad weather suspends the Constitution."

"It's not a matter of bad weather," O'Reilly replied. "It's a matter of can't control the city."

O'Reilly doesn't get it if he thinks citing the Constitution as a reason not to generally disarm Americans, regardless of reason or pretext, is "a pretty extreme position."
http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2010m2d19-Conservative-Bill-OReilly-supports-gun-confiscation-in-emergencies

Confiscations in New Orleans
In the aftermath of Hurricane Katrina, multiple reports of confiscations of civilian firearms by law enforcement began coming out of New Orleans. Firearm searches of evacuees were carried out prior to allowing them into evacuation centers,<16> house-to-house firearm confiscations were conducted,<17> and the superintendent of police was quoted as saying "Only law enforcement are allowed to have weapons" and "We are going to take all of the weapons."<18>

On September 12, 2005 National Rifle Association executive vice-president Wayne LaPierre spoke out against these confiscations. "What we’ve seen in Louisiana — the breakdown of law and order in the aftermath of disaster — is exactly the kind of situation where the Second Amendment was intended to allow citizens to protect themselves," LaPierre said. The NRA filed suit in the United States District Court for the Eastern District in Louisiana.

On September 23, two weeks after seizures began, NRA and the Second Amendment Foundation filed for a temporary restraining order. On September 24, 2005 U.S. District Court for the Eastern District of Louisiana issued a temporary restraining order barring any further gun confiscations and ordering the return of lawfully owned firearms to their owners. On March 1, 2006, the NRA filed a motion for contempt against the city of New Orleans, its mayor, and the chief of police for failure to comply with the restraining order. On March 15, 2006, lawyers from both sides reached an agreement in the case of NRA v. Mayor Ray Nagin, which is pending before a federal court. The city of New Orleans admitted that it holds a number of confiscated firearms, and the Property and Evidence Division of the New Orleans Police Department is to return the firearms to their owners on request and proof of ownership or affidavit. In the chaos and destruction following Katrina many homeowners have, however, lost everything including the paperwork that would prove ownership. At this time (2006) the majority of the seized firearms have not been returned to the rightful owners. (See Fourth Amendment to the United States Constitution.)

In June 2006 Louisiana Governor Kathleen Blanco signed the NRA-backed Act 275, forbidding the confiscation of firearms from lawful citizens during declared emergencies. Similar legislation had already been adopted in nine other states.

On October 4, 2006 President George W. Bush signed into law the NRA-backed Disaster Recovery Personal Protection Act of 2006 (incorporated into the Department of Homeland Security Appropriations bill). This legislation prohibits the confiscation of legal firearms from citizens during states of emergency by any agent of the Federal Government or anyone receiving Federal funds (effectively, any Federal, state, or local governmental entity). Introduced in Congress by Rep. Bobby Jindal and Sen. David Vitter, both of Louisiana, this bill enjoyed broad bipartisan support, passing the House of Representatives with a margin of 322-99 and the Senate by 84-16.
http://en.wikipedia.org/wiki/National_Rifle_Association#Confiscations_in_New_Orleans

Note: I have no opinion on, nor am I trying to defend the Oath Keepers. The point of this OP is that Bill O'Reilly, who in my personal opinion is a pompous ignoramus, defended the right of the City of New Orleans to confiscate firearms in an emergency. Having been on the outskirts of Hurricane Charley a strong Category 4 hurricane which hit Florida in 2004, and living through numerous strong tropical storms I can strongly say that when you might need a firearm the most is in an emergency. Florida has a long track record of dealing with hurricanes and never has confiscated firearms from honest citizens.

Plus, the courts ruled that New Orleans was required to return the confiscated firearms to the rightful owners and Louisiana and other states passed laws prohibiting the confiscation of legal firearms during a state of emergency.

Bill O'Reilly may be a favorite voice of conservatives but he is in no way a friend of gun owners.

[LiberalFighter]

1. Doesn't O'Reilley mean...

It's a matter of can't control the city because of blacks? Then it's okay to confiscate firearms.

[spin]

9. Despite the colour of your skin, no one should take away your legally owned...

firearm and leave you defenseless in an situation where the police are too busy to respond.

[Glassunion]

12. I take my wifes gun away every time it rains...

Can't go trusting "those people" when it is raining.

[spin]

13. I knew a man many years ago who owned a souped up 426 hemi Dodge...

He ran a gas station but made most of his money tuning cars for drag races.

He wouldn't allow his wife behind the wheel of the hemi when it was raining.

[louis-t]

2. But only if you take the guns from Liberals.

:eyes:

[old mark]

5. ...and from the above mentioned blacks.

Liberals and indeed all leftists should have and know how to use firearms, period.
Many groups on the right are making plans for our demise, and they are not talking about voting.

mark

[sui generis]

6. they talking about a barnyard shootout?

the problem is they have a hard time finding us because we pretty much look and walk and talk alike. I figure if they're going to kill you for having a liberal bumper sticker they'll kill you for having green eyes or for having something of yours they'd rather have for themselves. I don't know that that best solution is to get a bigger gun.

Guns or not, I'd like to see "them" try . . . . in fact here's an invitation. Come on out boys and show us your snaggle tooth slack jawed inbred back alley tatted asses (cue theme from Deliverance). We don't like you either.

[louis-t]

14. Well, they figger they'll kill everyone and

let God sort 'em out. Ahem.

[Glassunion]

17. Ohhh! "F"igger

I was skimming. I was about to get quite indignant.

Instead, I'll move on... He he... :beer:

[spin]

15. I totally agree ...

The ultra conservative groups are starting to worry me again.

[aliendroid]

21. really?

They often threaten the government but I've never heard of plans to bring about your "demise"

That's not a good reason to buy a gun, it's up there with owning guns in case the zombies attack. Get a gun so you can defend yourself and buying a gun helps democrats rebel against those apparently republican associated brady campaign people. Also gun control is almost always racist, go against it by buying a gun. But planning on attacking americans is pretty lame.

[old mark]

23. I started shooting over 50 years ago - I am not buying a gun to shoot anyone, but

I have several that would be useful to defend my home.

You area not reading the RWers correctly - they have been making elaborate plans to attack and kil us for some time now, and they are becoming more vocal all the time.

They are really fired up that Obama is being "controlled" by some unnamed foreign group wishing to take over America from god's people (the right)...the usual crap. But they are really working themselves into a froth, and I am thinking that when they don't do well in the November election-and they won't-there may be some violent reactions in places.
IMO, they are not "Americans" any way-they are terrorists.
mark

[spin]

27. There's a lot of hatred in this country right now ...

spontaneous combustion is always something to worry about.

If the extreme right feels that they could overthrow the government, they are delusional. A successful rebellion would require overwhelming support from all political groups. The entire country would have to be totally fed up.

Any attempt to revolt by the militia groups and the far right would only result in what they fear the most happening. They would be squashed and new laws would be passed that would involve draconian gun legislation. Of course, the far more totalitarian government that results might eventually become so hated that support to replace it would build throughout the country.

It would be wise for the far far right to understand that the pendulum swings both ways. If Obama and the leaders of the Congress have ideas that are far too liberal for the majority of citizens, their power will be reduced considerably in the mid term elections and Obama will be a one term President.

The far right should also understand that the Republicans are responsible for the fact that the Democrats are now in control. Republicans lost sight of their values and went on a drunken spree of spending and war. They brought on their current fate.

All politicians of both parties should also realize that if all they do is fight like children in a school yard and fail to solve the problems this country faces, they all can be replaced. Obama also has to realize that while he is the greatest campaigner of my lifetime, the campaign ends when the election is over. It's easy to campaign against policies but much harder to be responsible for the results of your policies. He does appear to be stepping up to the bully pulpit and showing leadership rather than allowing Harry Reid and Nancy Pelosi to run the show.

We don't need a violent revolution to get change. Citizens can still accomplish change through the ballot box.

[PavePusher]

31. Do you have proof of this?

"You area not reading the RWers correctly - they have been making elaborate plans to attack and kil us for some time now, and they are becoming more vocal all the time."


Or are they using secret decoder rings?


"IMO, they are not "Americans" any way-they are terrorists."


O.K., we're using the Republican playbook now... I must have missed the memo.


Please, let's not shoot the moral high ground out from under our own feet....

[old mark]

32. "Morel High Ground"? That's why we lose so frequently - go for the Moral Victory instead

actual victory. And, no, these ar nor "repupblican" plays - they are things we must look at seriously. try actually reading a few RW sites and comments, not the Fox news garbage, but the actual RW sites.... Ther is more proof there than you will want to see.

Stop living in an illusion.


mark

[LiberalFighter]

3. I could see not allowing firearms by civilians without approval in evacuation centers.

They should had been allowed to lock up their firearms in their vehicle if they had one or locked up in an armory until they left. And then immediately return their firearm.

They should be allowed to carry firearms as they would normally be allowed when there isn't an emergency. I would hope that in an emergency when families are moving from one location to another they would be permitted to protect themselves as law enforcement would be limited in their abilities in providing protection.

[spin]

8. I agree. Evacuation centers are one matter...

but the police were confiscating firearms from people who were in their homes after the storm.

Watch this video.

http://video.google.com/videoplay?docid=-7794527529226066500#

[Glassunion]

11. I love PA

We wrote laws specifically banning gun confiscations during any declaration of emergency.

During a state of emergency the only effect is on open carry. However, specifically it states that no public body has the legal authority to confiscate.

[Barack_America]

4. Did you expect O'Reilly to defend gun ownership amongst blacks?

O'Reilly's opinion would have been no doubt different had New Orleans been a predominantly white city.

[Grand Taurean]

7. Of course he only wants to take guns away from liberals.

Scum!

[spin]

10. Obama is more pro-gun then Bill O'Reilly on this issue...

Obama voted "yea" on the Disaster Recovery Personal Protection Act.

Amendment Number: S.Amdt. 4615 to H.R. 5441 (Department of Homeland Security Appropriations Act, 2007)
Statement of Purpose: To prohibit the confiscation of a firearm during an emergency or major disaster if the possession of such firearm is not prohibited under Federal or State law.

Alphabetical by Senator Name
Akaka (D-HI), Nay
Alexander (R-TN), Yea
Allard (R-CO), Yea
Allen (R-VA), Yea
Baucus (D-MT), Yea
Bayh (D-IN), Yea
Bennett (R-UT), Yea
Biden (D-DE), Yea
Bingaman (D-NM), Yea
Bond (R-MO), Yea
Boxer (D-CA), Nay
Brownback (R-KS), Yea
Bunning (R-KY), Yea
Burns (R-MT), Yea


Burr (R-NC), Yea
Byrd (D-WV), Yea
Cantwell (D-WA), Yea
Carper (D-DE), Yea
Chafee (R-RI), Yea
Chambliss (R-GA), Yea
Clinton (D-NY), Nay
Coburn (R-OK), Yea
Cochran (R-MS), Yea
Coleman (R-MN), Yea
Collins (R-ME), Yea
Conrad (D-ND), Yea
Cornyn (R-TX), Yea
Craig (R-ID), Yea
Crapo (R-ID), Yea
Dayton (D-MN), Yea
DeMint (R-SC), Yea
DeWine (R-OH), Yea
Dodd (D-CT), Nay
Dole (R-NC), Yea
Domenici (R-NM), Yea
Dorgan (D-ND), Yea
Durbin (D-IL), Nay
Ensign (R-NV), Yea
Enzi (R-WY), Yea
Feingold (D-WI), Yea
Feinstein (D-CA), Nay
Frist (R-TN), Yea
Graham (R-SC), Yea
Grassley (R-IA), Yea
Gregg (R-NH), Yea
Hagel (R-NE), Yea
Harkin (D-IA), Nay
Hatch (R-UT), Yea
Hutchison (R-TX), Yea
Inhofe (R-OK), Yea
Inouye (D-HI), Nay
Isakson (R-GA), Yea
Jeffords (I-VT), Yea
Johnson (D-SD), Yea
Kennedy (D-MA), Nay
Kerry (D-MA), Yea
Kohl (D-WI), Yea
Kyl (R-AZ), Yea
Landrieu (D-LA), Yea
Lautenberg (D-NJ), Nay
Leahy (D-VT), Yea
Levin (D-MI), Nay
Lieberman (D-CT), Yea
Lincoln (D-AR), Yea
Lott (R-MS), Yea
Lugar (R-IN), Yea
Martinez (R-FL), Yea
McCain (R-AZ), Yea
McConnell (R-KY), Yea
Menendez (D-NJ), Nay
Mikulski (D-MD), Nay
Murkowski (R-AK), Yea
Murray (D-WA), Yea
Nelson (D-FL), Yea
Nelson (D-NE), Yea
Obama (D-IL), Yea
Pryor (D-AR), Yea
Reed (D-RI), Nay
Reid (D-NV), Yea
Roberts (R-KS), Yea
Rockefeller (D-WV), Yea
Salazar (D-CO), Yea
Santorum (R-PA), Yea
Sarbanes (D-MD), Nay
Schumer (D-NY), Nay
Sessions (R-AL), Yea
Shelby (R-AL), Yea
Smith (R-OR), Yea
Snowe (R-ME), Yea
Specter (R-PA), Yea
Stabenow (D-MI), Yea
Stevens (R-AK), Yea
Sununu (R-NH), Yea
Talent (R-MO), Yea
Thomas (R-WY), Yea
Thune (R-SD), Yea
Vitter (R-LA), Yea
Voinovich (R-OH), Yea
Warner (R-VA), Yea
Wyden (D-OR), Yea

http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=2&vote=00202

[AtheistCrusader]

16. Of course he does, he's a right wing jackboot thug on fox news. Your civil liberties don't matter to

him. Not one bit.

He'd put a cork in your mouth too, if he thought he could get away with it.
Why does anyone here give a shit what he thinks?

[spin]

18. I just posted the article for the conservative lurkers ...

they worship this bombastic fool.

[PavePusher]

19. Hmm. I think I might be one of the most "conservative" people here...

And I am quite sure that BO'R is a chancre on a boil on a flaming anus.

[spin]

20. Obama is painted as anti-gun but he voted "yea" on the Disaster Recovery Personal Protection Act

On October 4, 2006 President George W. Bush signed into law the NRA-backed Disaster Recovery Personal Protection Act of 2006 (incorporated into the Department of Homeland Security Appropriations bill). This legislation prohibits the confiscation of legal firearms from citizens during states of emergency by any agent of the Federal Government or anyone receiving Federal funds (effectively, any Federal, state, or local governmental entity). Introduced in Congress by Rep. Bobby Jindal and Sen. David Vitter, both of Louisiana, this bill enjoyed broad bipartisan support, passing the House of Representatives with a margin of 322-99 and the Senate by 84-16.
http://en.wikipedia.org/wiki/National_Rifle_Association

Amendment Number: S.Amdt. 4615 to H.R. 5441 (Department of Homeland Security Appropriations Act, 2007)
Statement of Purpose: To prohibit the confiscation of a firearm during an emergency or major disaster if the possession of such firearm is not prohibited under Federal or State law.


Alphabetical by Senator Name
***snip***

Murray (D-WA), Yea
Nelson (D-FL), Yea
Nelson (D-NE), Yea
Obama (D-IL), Yea
Pryor (D-AR), Yea
Reed (D-RI), Nay
Reid (D-NV), Yea


http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=2&vote=00202

If he was as anti-gun and eager to confiscate firearms as many conservatives paint him, he would have voted "Nay". Hillary Clinton, Ted Kennedy and Chuck Schumer voted against the bill.

[aliendroid]

22. not smart

It seems Bill O'Reilly is trying to get a more moderate appearance now so he might be experimenting with going that way with gun control. not smart. I watch judge Nepolitano, but not this guy.

[spin]

28. Judge Napolitano had his head up his ass while discusssing gun law...

in the past. I remember the comments he made about the new Florida "Stand your Ground" law.

Napolitano made the comments on The Big Story on the Fox News Channel on Friday, September 30. Following Gibson's interview with Brady Campaign attorney Daniel Vice, Judge Napolitano stated that the Brady organization was "wrong, dead wrong" that the new Florida law permits the use of deadly force in public places. Instead, according to Napolitano, "Florida residents may use deadly force when they believe that their life or property is threatened, on their own property. This is not a statute that allows you to shoot somebody during a road rage argument or in the parking lot of a drugstore.... You can stand your ground, but you have to be on your property."
http://www.shootfirstlaw.org/press/

The Florida law is a self-defense, self-protection law. It has four key components:

* It establishes that law-abiding residents and visitors may legally presume the threat of bodily harm or death from anyone who breaks into a residence or occupied vehicle and may use defensive force, including deadly force, against the intruder.

* In any other place where a person “has a right to be,” that person has “no duty to retreat” if attacked and may “meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another to prevent the commission of a forcible felony.”

* In either case, a person using any force permitted by the law is immune from criminal prosecution or civil action and cannot be arrested unless a law enforcement agency determines there is probable cause that the force used was unlawful.

* If a civil action is brought and the court finds the defendant to be immune based on the parameters of the law, the defendant will be awarded all costs of defense. emphasis added
http://www.cfif.org/htdocs/freedomline/current/in_our_opinion/florida-self-defense-law.htm

Fox News does have a ongoing problem with having their head up their ass. They do have good looking news babes, which may explain their popularity. The eye candy is easy on the eyes but Fox News lacks depth and definitely is NOT "fair and balanced".

[PavePusher]

29. And they apparently do not have an intelligence test...

for hiring their A.M. crews. Then again, that can pretty well be said of all the talking heads in the MSM.

[gorfle]

24. He's a racist idiot.

"It's not a matter of bad weather," O'Reilly replied. "It's a matter of can't control the city."

Translation: We don't want those out-of-control brown people in New Orleans to have firearms.

Racist prick.

[PavePusher]

30. I think it might be over-reaching to read racism into his commentary.

Unless you have supporting proof of course.

For the record, I just think people jump to the "racism" claim all to quickly these days, especially since Obama got elected. It is possible to be ideologically opposed to some ideas without being a racist.

[gorfle]

34. Who were the out-of-control people on TV during Katrina?

It wasn't the rich white folks who got the hell out of dodge.

It was poor black people left behind.

Ergo, any call to disarm the "out of control" city of New Orleans is targeted at black people.

[PavePusher]

35. Was the call to disarm them...

due to the fact that they were black?

Or because they were, in fact, looting and rioting?

One would be racist, the other... not so much.

[gorfle]

38. It doesn't matter.

It doesn't matter who the criminal element was.

O'Reilly wasn't advocating the disarming of the criminal element, he was advocating the disarming of all of New Orleans.

He was throwing out the baby with the bathwater.

[PavePusher]

39. I don't think you can automatically credit the call to disarm an entire city...

with being automatic racism.

I watched the segment, and didn't read any racism in there, just authoritarian baloney from an admitted blowhard.

[gorfle]

40. You may give the benefit of the doubt if you wish.

O'Reilly doesn't get that benefit from me.

When he spoke of New Orleans as being "out-of-control", I immediately assumed he was talking about black people being out of control, since they were largely the people left behind in the aftermath.

[PavePusher]

41. And again, just because those people were predominently black...

does not eqate to racism.

Just as carrying a firearm does not eqate to wanna-be-burgler-shooter.

You are making the same style of assumption, without evidence. We're supposed to be better than that. Should such evidence be brought forth, I'll be the first in line to throw B'O'R into a flaming pit.

[gorfle]

42. If those people were predominantly black...

Then he is espousing confiscating firearms from predominantly black people.

Knowing O'Reilley's track record, I have a sneaking suspicion that if it were white people his suggestion would be different.

[Spoonman]

36. The real racist highlighted by Katrina

were the people in charge at the time.

The Mayor who did nothing for those "poor black people", and the Governor who couldn't pull her head out of her ass long enough to re-oxygenate her brain in order to make a decision.

[CrankyJerseyBoy]

25. O'Reilly

If I recall, he didn't "defend" the taking of guns, he only said it was "legal" for the government to do so.

I don't think he actually supported it.

[spin]

26. But if his research crew had been on the ball ...

they would have briefed him on the results of the Katrina gun confiscation.

On October 4, 2006 President George W. Bush signed into law the NRA-backed Disaster Recovery Personal Protection Act of 2006 (incorporated into the Department of Homeland Security Appropriations bill). This legislation prohibits the confiscation of legal firearms from citizens during states of emergency by any agent of the Federal Government or anyone receiving Federal funds (effectively, any Federal, state, or local governmental entity). Introduced in Congress by Rep. Bobby Jindal and Sen. David Vitter, both of Louisiana, this bill enjoyed broad bipartisan support, passing the House of Representatives with a margin of 322-99 and the Senate by 84-16.
http://en.wikipedia.org/wiki/National_Rifle_Association#Confiscations_in_New_Orleans

The actions of the New Orleans police have inspired 13 states, including Louisiana, to enact laws to keep state and local officials from taking guns during a state of emergency, such as after a natural disaster or terrorist attack. President Bush also signed a bill in October that would penalize states financially for illegally confiscating guns during an emergency.

Missouri Gov. Matt Blunt (R) signed an emergency weapons bill on April 12 to become the 13th state with such a law on the books, joining Alaska, Florida, Idaho, Kentucky, Louisiana, Michigan, Mississippi, New Hampshire, Oklahoma, South Carolina, Virginia and West Virginia. A measure also is on the desk of Arizona Gov. Janet Napolitano (D).

Similar bills were introduced in at least 14 other states this year.
http://www.stateline.org/live/details/story?contentId=198836

Had O'Reilly been more aware, he could have granted that the Katrina confiscation did happen but now many states and the federal government prohibit such actions. He failed in his attempt to make the Oath Keeper look like a nut case (which he may well be). Instead O'Reilly made Stewart Rhodes look very rational and provided good publicity for his organization.

Welcome to DU

[Callisto32]

33. Newsflash! Bill O'Reilly total douchebag!

Story at 11:00.

[dashrif]

37. Really

do we need more proof that he's an asshat