Gun Ban, Continued

UPDATE: below.

Second Amendment expert Dave Kopel looks at the New Orleans gun ban -- supposedly authorized under 14 Res. La. Stat. § 329.6 -- and concludes it's unlawful even under state law:

The emergency statute creates authority for "prohibiting" some things, and for "regulating" other things. The statute uses "prohibiting" in subsections (A)4, 5, and 9. The statute uses "regulating" in sections (A)3, 6, 7, and 8. Quite clearly the legislature meant to distinguish "prohibiting" authority from "regulating" authority. In the context of the statute, it is not plausible to claim that "prohibiting" means the same as "regulating."

"Prohibiting" authority applies to the sale of alcohol, presence on public streets, and the sale of goods or services at excessive prices. "Regulating" authority applies to firearms, flammable materials, and sound devices (such as megaphones). The "regulating" authority is undoubtedly broad. But it is not equivalent to "prohibiting." The statute does not authorize the New Orleans Police--abetted by the National Guard and the U.S. Marshalls--to break into homes, point guns at people, and confiscate every single private firearm--or every single private bullhorn or private cigarette lighter. . .

All police officers, National Guard troops, and U.S. Marshals take an oath to uphold the Constitution and the laws. It appears that carrying out an illegal order to confiscate lawfully-owned firearms from homes would be inconsistent with the oath, contrary to sworn duty, and perhaps a criminal act.

Of course, beyond Louisiana law, there's something called the Second Amendment. . .

More:

The Doctor Is In:

While watching the anarchy in New Orleans, my wife turned to me a[nd] said, “I want to get a gun.” She expected my usual skepticism about her over-the-top paranoia. But she was serious, and I was shocked–I had always assumed she would never want a gun around. After first checking to make sure she wasn’t angry with me (she wasn’t), I responded, “So do I.” Her shock matched mine: we had both assumed the other would never agree to such an idea. I was, in fact, a bit startled at my own response–but there was at that moment no doubt about my conviction–nor is there now.

(via Instapundit, MaxedOutMama )