I wonder if America will see the problem in this article. This is a direct result of an "appointed" Sheriff. A sheriff is the "only" L E O that elected by We the People in that County.
Do not let this change America, our "elected" Sheriffs have played a huge role in the success in defeating all this gun control B S we have been fighting.
Heller admits that banning entire classes of weapons does not pass constitutional muster. Heller, as a matter of reaffirmation, admits weapons useful in military conflict are precisely what is protected as a matter of right. McDonald applies that to every state and local government via the Selective Incorporation Doctrine.
The money shot- The very enumeration of a right takes out of the hands of GOVERNMENT -even the third branch- the POWER to DECIDE on a case by case basis whether a right is really worth insisting upon.
The entire semi auto ban threat the state level semi bans and mag bans and even Manchin toomey "background check" expansion has been a DISTRACTION to avoid dealing with the REALITY that current Supreme Court precedent CLEARLY protects fully automatics and our RIGHT to them.
It's time to stop ALL legislative participation in the age old Negotiating Rights Away "strategy". It's time for all efforts to turn to an avalanche of lawsuits in every district on every point. It's time the Second Amendment advocacy LOBBY special interest stop playing both ends against the middle and step up to the plate.
There are some hints of that taking place and I hope that isn't a bluff. I guess we shall see one way or the other shortly.
for others in this situation, there's a process called "writ mandemus" for exactly this sort of lack of gov't action, ie to force the gov't official to perform his/her duty. here in Va it costs $13.00 to file a writ mandemus with the clerk of the court and basically the court will order the sheriff to respond to the question in the appropriate block on the form 4 - fwiw
If I ever get on a jury where the only charge is possesion of a class 3 weapon with no other crime involved I will used jury nullification and find not guilty.
Sheesh - even the ultra libs in Seattle figured out the dangers of an appointed vice an elected sheriff - NO accountability to the Citizens fo that county. This 'sheriff' is the definitive example of the difference between a dedicated public servant and an appointed bureaucrat - he does what he deems best rather than doing the will of the people that elected him. I wonder as well what his stance is on issuing concealed carry permits.?
18USC241/242 make it a federal crime to use official authority to deny someone their constitutional, civil or statutory rights. A year in prison for the basic offense is a misdemeanor by most standards, but the statutes include enhancements for various force levels. Threat of a dangerous weapon (and what cop is unarmed in the field and on the job?) elevates the penalties to 10 years in prison (a felony by any standard). Multiple officers conspiring to violate rights can also enhance the penalties.
9 comments:
I wonder if America will see the problem in this article. This is a direct result of an "appointed" Sheriff. A sheriff is the "only" L E O that elected by We the People in that County.
Do not let this change America, our "elected" Sheriffs have played a huge role in the success in defeating all this gun control B S we have been fighting.
Heller admits that banning entire classes of weapons does not pass constitutional muster. Heller, as a matter of reaffirmation, admits weapons useful in military conflict are precisely what is protected as a matter of right. McDonald applies that to every state and local government via the Selective Incorporation Doctrine.
The money shot-
The very enumeration of a right takes out of the hands of GOVERNMENT -even the third branch- the POWER to DECIDE on a case by case basis whether a right is really worth insisting upon.
The entire semi auto ban threat the state level semi bans and mag bans and even Manchin toomey "background check" expansion has been a DISTRACTION to avoid dealing with the REALITY that current Supreme Court precedent CLEARLY protects fully automatics and our RIGHT to them.
It's time to stop ALL legislative participation in the age old Negotiating Rights Away "strategy". It's time for all efforts to turn to an avalanche of lawsuits in every district on every point. It's time the Second Amendment advocacy LOBBY special interest stop playing both ends against the middle and step up to the plate.
There are some hints of that taking place and I hope that isn't a bluff. I guess we shall see one way or the other shortly.
Ashrak:
Where to file these lawsuits?
In "their" courts?
for others in this situation, there's a process called "writ mandemus" for exactly this sort of lack of gov't action, ie to force the gov't official to perform his/her duty. here in Va it costs $13.00 to file a writ mandemus with the clerk of the court and basically the court will order the sheriff to respond to the question in the appropriate block on the form 4 - fwiw
If I ever get on a jury where the only charge is possesion of a class 3 weapon with no other crime involved I will used jury nullification and find not guilty.
He said he would rather lose his job than sign the form.
Make it so.
Sheesh - even the ultra libs in Seattle figured out the dangers of an appointed vice an elected sheriff - NO accountability to the Citizens fo that county.
This 'sheriff' is the definitive example of the difference between a dedicated public servant and an appointed bureaucrat - he does what he deems best rather than doing the will of the people that elected him. I wonder as well what his stance is on issuing concealed carry permits.?
18USC241/242 make it a federal crime to use official authority to deny someone their constitutional, civil or statutory rights. A year in prison for the basic offense is a misdemeanor by most standards, but the statutes include enhancements for various force levels. Threat of a dangerous weapon (and what cop is unarmed in the field and on the job?) elevates the penalties to 10 years in prison (a felony by any standard). Multiple officers conspiring to violate rights can also enhance the penalties.
If the sheriff is a viable target for prosecution under 18USC421/422, then they should be vulnerable to a civil suit under 18USC1984.
I am researching such a suit at this moment. Problem is the Federal Leviathan takes a dim view of common scum like us taking it's minions to task.
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