The office of police, is a department of the common law, which bypassed the founding and the construction and the ratification of the Constitution; the common law being of the States but not of the federal government (for example, the States make the marriage laws, but the federal government does not).
When I was training to be a federal agent, our instructors were very particular about our understanding exactly from where, came our authority to be a federal agent, and to be an armed federal agent, and to make arrests, etc. At the time, in the early 1970's, we had to specifically state the Constitutional portions and the federal statutes that gave us the authority. I recall the day that I met a Secret Service Agent who had all that very neatly printed on a formal ID presentation binder; I recall, because I asked him what was his authority, and he smiled and produced that gem.
I also asked, because part of our instruction was the information about the authority of citizens; what authority they have --- it's quite a lot --- to ask questions about legal procedures, law procedures, due process stuff, and that included challenging (with respect) all government agents, as to, what is their authority, what is their business, and directing them to what in their actions is lawful versus what is not lawful.
Our instructors were real picky about getting it right and not leaving procedures open to successful failure analysis by opposing council, let alone the judge who would, in those days, be just too happy to rake a miserable law enforcement officer's performance over the coals.
For the record, here, law enforcement authority for a police officer whose office is of the State and / or local government (jurisdiction), comes from the State and comes from the local government but does not come from the federal government.
The federal government does not give power to State and local police offices, except under martial law, that is, except in the event of an emergency.
Call the above bill what they will, it is an act of martial law, because that part of the Constitution is wherefrom the authority for such a bill comes. The authority did not come from the Second Amendment nor from a Second Amendment right of either the States or individuals.
This is a very sad day to see the Congress and President sweep the Second Amendment out of the way of the federal government; and worse, it is a sad day to see citizens emotional attachment to guns, supercede our duty to keep government limited in power.
I sincerely hope that this un-Constitutional law, above, gets rescinded, struck down, immediately.
Students "incorrectly believe" that police officers of a police office that is of a State, act with authority of that office...should be:
Students are unaware that police officers of a police office that is of a State, act with authority of that office...
(Few hours sleep, and I need some breakfast!)
Common law is created by judges. Police depts. are statutory and created by legislatures.
What is unconstitutional here is that the 2nd Amend. was again ignored for purposes of granting fictional priviledges to a particular labor group when addressing full faith and credit problems. If the law is to have any validity in protecting rights and insuring those rights are respected across state borders, then the law should have honored the 2nd Amend. w/o regard to occupation. Congress should have explicitly applied it to the States, w/o waiting for a court decision incorporating it by the 14th Amend.
I highly doubt it. When you started your carrer in the 70s the state legal systems were not compromised. Check out the Enabling act of 1934 (the merging of common law and equity at the federal level; it separates/creates a barrier between the sheeple and the constitution).
The Enabling Act directed the US Sureme Court to set up rules of procedure etc. that circumvented the jurisdidciton of the various courts as laid out in the US Constitution. The rules were eventually adopted by all the states by 1983. Most states had done so by the mid seventies.
The problem is not just that the local LEOs have been federalized but the states court systems as well; and challenging jurisdition of a court is not an option.
Sui
We are at war friend. This is nothing compared to what this country saw during WW2.
We should be arming and promoting civil defense in every town in the country. Bush called on us to do this in his October 2000 speech. Do you recall?