Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: mvpel
The law demands certain behavior with respect to guns from our cities and towns, but some of them simply ignore the law because there is no statutory penalty, only a civil cause of action on the part of the victim who has to pay their own way in order to enforce the law.

Adequate statutes exist; all that's necessary is for a state prosecutor's office to start enforcing them.

If state law says that certain municipal ordinances are void, then nobody who can't demonstrate why the state law isn't valid can have any valid reason for believing the municipal ordinances to be valid. Someone who detains another without reasonably believing he is authorized to do so is a robber or a kidnapper (depending upon the length and nature of the detention).

While I recognize that a prosecutor's office is subject to political pressures, is there any legal reason a state prosecutor couldn't invite persons who have been unlawfully detained by cops to file complaints with him. If Citizen Fred complains that Joe Cop detained him, and Joe Cop can't convince a jury that he had a legitimate reason for believing that Fred did something that was actually illegal, then Joe Cop is guilty of robbery or kidnapping (the particulars of the case would determine which).

What's important is to recognize that void statutes are illegitimate, and any attempted enforcement actions would be likewise illegitimate. Further, by definition, illegitimate actions form no part of any government agent's legitimate duties; while government agents carrying out their legitimate duties may legitimately have certain legal protections, such protections cannot be legitimately applied to government agents acting in ways they cannot reasonably believe to be legitimate.

27 posted on 09/03/2011 11:17:22 AM PDT by supercat (Barry Soetoro == Bravo Sierra)
[ Post Reply | Private Reply | To 20 | View Replies ]


To: supercat

The problem here is not so much void ordinances, although there’s a bit of that, but the concealed carry licensing system. The law says they must issue or deny within 14 days, for instance, but there’s no penalty if they don’t, only the ability for the applicant to sue them in district court.


28 posted on 09/03/2011 4:44:39 PM PDT by mvpel (Michael Pelletier)
[ Post Reply | Private Reply | To 27 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson