Federal Court Ruling Guts Police Ability To Use Guns

dailycaller.com ^ | 9/20/17 | Anders Hagstrom

[ColdOne]

A federal appeals court in Seattle ruled Tuesday that police can only use force “proportional” to the threat they face, seriously damaging the Seattle Police Department’s ability to use firearms.

The ruling from the Ninth Circuit Court of Appeals upheld the use of force reforms put in place by federal mandates under the Obama administration that required police to use only “objectively reasonable force, proportional to the threat or urgency of the situation,” the Associated Press reports. The unanimous ruling strikes down a lawsuit filed by a group of more than 120 Seattle officers in 2014 who claimed that the strict reforms infringe on an officer’s right to self defense and the Second Amendment.

“The City of Seattle has a significant interest in regulating the use of department-issued firearms by its police officers,” Judge William Hayes wrote, adding that the policy “did not impose a substantial burden on plaintiffs’ right to use a firearm.”

[fwdude]

So, now they have to take a knife to a knife fight?

[Tenacious 1]

“The City of Seattle has a significant interest in regulating the use of department-issued firearms by its police officers,” Judge William Hayes wrote

Judge William Hayes = The City of Seattle, apparently. I thought judges ruled on established law. I missed the part where they were actually subjective policy makers too.

(I admit to knowing nothing of the case)

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[1Old Pro]

No wonder fewer and fewer good people want to be policemen. Too much risk to life and limb....and now to your financial assets and freedom.

[Bodega]

I truly hope Trump hears about this and it was an EO created by Obama. It can be rescinded if so.

It time to rule out the policy making 9th Circuit Ct. Doesn’t the DOJ have something to do with that part?

[yoe]

Does the Ninth Circuit Court of Appeals judges have body guards? I would assume this means those bodyguards can only use force “proportional” to the threat they face...a bullet or knife coming at one of the judges?

“The City of Seattle has a significant interest in regulating the use of department-issued firearms by its police officers,”....the regulation is called DUCK YOU SUCKERS!

[Kazan]

So, now they have to take a knife to a knife fight?

No, now they have to take a knife to a gun fight.

[glasseye]

“So, now they have to take a knife to a knife fight?”
Maybe it just means the cops don’t get to shoot you 30 times for holding a butter knife.
Maybe.

[DoughtyOne]

Once you’re hit with a bullet, you are then authorized if you go before the city council and ask, “Mother may I?”

[Lockbox]

Remember Miriam Carey?

[TheTimeOfMan]

No. But Congress can dissolve and create federal courts at will. As usual though Congress abdicates their power to the other branches.

Congress could dissolve a circuit court one day and recreate it the next - in which case all positions would be open.

I think the main focus of most congress critters these days is to take bribes. I didn’t used to be so cynical.

[SuperLuminal]

Good news for all the dogs.

Now...What about the FBI and their skills at killing women holding babies?

[beelzepug]

More nonsense from the 9th
Circus Court of Insanity.

[Safetgiver]

They can KMA, When I had two guys beating on my head with pool sticks, I reacted with LIKE force. They apparently wanted to kill me, and I wanted to kill them.

[Mariner]

If the Trump DOJ had a competent AG, the rule would be changed.

Then the Fed Court would have nothing to uphold.

[Magnum44]

Ninth Circuit Court of Appeals upheld the use of force reforms put in place by federal mandates under the Obama administration that required police to use only “objectively reasonable force, proportional to the threat or urgency of the situation,”

Hmmm, no love for the 9th circuit, but lets break this down...

As a citizen I can only use deadly force when I am in fear of death or great bodily harm or I fear for the life (or bodily harm) of another person. I don't want police forces to be using "unreasonable" deadly force when its not necessary. The problem with poorly worded law or regulation is it can be interpreted in many ways.

Again, no love for the 9th, but I wouldn't necessarily go to war over this ruling. There are plenty of other bad rulings to battle. Perhaps the federal mandate should be reviewed or addressed. Sounds like this is another case of Feds using grants to local authorities to dictate policy. Lets terminate that.

While I am thinking about it...Feds can use grants to tell local police how to operate, but Feds cant use grants to tell cities how to handle operate with respect to illegals...this is SO confusing.

[Busywhiskers]

Actually, my brother, a retired cop, is a security guy at the 9th circus. I can’t imagine him spending much time pondering the intricacies of proportional response if he get in a situation, ruling or no ruling.

[ptsal]

Judge William Hayes...fifteen minutes...

[Edward.Fish]

You're agreeing with the judge, from the second quoted paragraph:

The ruling from the Ninth Circuit Court of Appeals upheld the use of force reforms put in place by federal mandates under the Obama administration that required police to use only “objectively reasonable force, proportional to the threat or urgency of the situation,”