EMNofSeattle
Regular Member
What crime, precisely cited, is it to act on an "illegal provision."
Gonzaga is a private college, in Washington private guards cannot be sworn as peace officers, hence they have no qualified immunity. furthermore when a police officer enforces illegal laws or violates civil rights, it generally (but not always) is a civil tort against the government.
Gonzaga's guards have none of that, when they screw up and violate someone's "rights" they're committing crimes against the person they violate.
RCW 9A.56.300
Theft of a firearm.
(1) A person is guilty of theft of a firearm if he or she commits a theft of any firearm.
(2) This section applies regardless of the value of the firearm taken in the theft.
(3) Each firearm taken in the theft under this section is a separate offense.
(4) The definition of "theft" and the defense allowed against the prosecution for theft under RCW 9A.56.020 shall apply to the crime of theft of a firearm.
(5) As used in this section, "firearm" means any firearm as defined in RCW 9.41.010.
(6) Theft of a firearm is a class B felony.
the guards committed two class B felonies...
this is not an academic discussion, from the Spokane newspaper (the Spokesman-Review)
http://www.spokesman.com/stories/2013/nov/09/gonzaga-students-deter-break-in-with-gun-which/
The officers confiscated McIntosh’s Glock and Fagan’s shotgun, which he uses for hunting and sport shooting. The guns still haven’t been returned to the men, and the two reported them stolen to Spokane police.