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Here we go again

tannerwaterbury

Regular Member
Joined
Jul 21, 2009
Messages
269
Location
Kelso, Washington, USA
Passing (enacting) a law is not the same as implementing (enforcing) a law.

Hence why we have LAW ENFORCEMENT to implement such laws. Police won't refuse to follow a law JUST BECAUSE citizens find it unconstitutional, they have a duty to enforce laws, and Nuremburg excuse or not, its what they will do regardless how they feel about it.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Hence why we have LAW ENFORCEMENT to implement such laws. Police won't refuse to follow a law JUST BECAUSE citizens find it unconstitutional, they have a duty to enforce laws, and Nuremburg excuse or not, its what they will do regardless how they feel about it.

LEOs do not implement laws.

Duty to enforce laws? Cite, please.

You might want to read this first:
"Although the protective order did mandate an arrest, or an arrest warrant, in so many words, Justice Scalia said, "a well-established tradition of police discretion has long coexisted with apparently mandatory arrest statutes."
http://www.nytimes.com/2005/06/28/p...ot-have-a-constitutional-duty-to-protect.html
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
Hence why we have LAW ENFORCEMENT to implement such laws. Police won't refuse to follow a law JUST BECAUSE citizens find it unconstitutional, they have a duty to enforce laws, and Nuremburg excuse or not, its what they will do regardless show they feel about it.

if i might inquire which laws, federal, state, or a community's ordinances ?

sooooo...feds have a long time federal mandate on the books, oh let us say the use of, possession of, marijuana is illegal on the federal stage, yet which several states have 'legalized' their citizens to use possession of and 'personal use' marijuana'!

and in the basic theme of this forum, there is no specific federal mandate prohibiting firearm ownership (notwithstanding and understand ~ age criteria, DV issues, Illegal substance usage, or MH constraints on firearm ownership) additionally (nor do i care to entertain those that throw 2A tirades into their reading of my post); several states have mitigated this federal lack of federal prohibition into their own hands with the passage state laws impeding, in some instances severely restricting their citizens from purchase of and carrying of personal firearms based on some power and control manic opinion their legislative
folk may believe in.

in the first example w/use of marijuana, any of this country's citizens can visit the state where it is legal and toke up without any fear of reprisal from the Feds; however, have a firearm while driving thorough say MD where LE's are rumored to regularly cam vehicle's license plates, checking immediately via computer, if the driver has a legal state approved permission to have a firearm.

which LEs are obliged to enforce the LAWs and which LAWs should they enforce and should the nice LEs put the agency's profit center mentality in their judgement criteria to enforce the LAW?

finally OP please consider public duty doctrine concepts...
 

Alpine

Regular Member
Joined
Aug 10, 2012
Messages
671
Location
Idaho
What is particularly alarming is that the bump stock ban that passed the House judiciary committee failed on a 6-7 vote to add an amendment grandfathering existing owners. The bill has an effective confiscation/property-value-destruction clause that kicks in for existing owners by July 2019. If this law manages to stand it will serve as a confiscation template for future bans.

Hopefully the 9th circuit will deploy the same logic they did against CA's attempted magazine confiscation. But given it being the 9th, not sure.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
Hence why we have LAW ENFORCEMENT to implement such laws. Police won't refuse to follow a law JUST BECAUSE citizens find it unconstitutional, they have a duty to enforce laws, and Nuremburg excuse or not, its what they will do regardless how they feel about it.
If a law is passed that authorizes cops to go house to house, without a warrant, to confiscate a banned item, would those cops comply because they are in the "legal or illegal" business and not the "right or wrong" business? If you are a Boston, Aurora CO, or California cop you would. See the Boston Constitution Suspension Event, and the Aurora Constitution Suspension Event, the Doner Constitution Suspension Event in California.

You may be more correct than we care to admit. Cops will follow orders and hope that the Nuremburg defense will shield them. They will be shielded from government imposed sanctions and not from their rightly earned status a pariahs in their local community. We must remember the courts are loath to not protect cops who clearly violate laws and a citizens clearly established rights.
 

OC Freedom

Regular Member
Joined
Feb 20, 2014
Messages
646
Location
ADA County, ID
If a law is passed that authorizes cops to go house to house, without a warrant, to confiscate a banned item, would those cops comply because they are in the "legal or illegal" business and not the "right or wrong" business? If you are a Boston, Aurora CO, or California cop you would. See the Boston Constitution Suspension Event, and the Aurora Constitution Suspension Event, the Doner Constitution Suspension Event in California.

You may be more correct than we care to admit. Cops will follow orders and hope that the Nuremburg defense will shield them. They will be shielded from government imposed sanctions and not from their rightly earned status a pariahs in their local community. We must remember the courts are loath to not protect cops who clearly violate laws and a citizens clearly established rights.


That is a good way for law enforcement here in Idaho to get killed. Any cop with half a brain wouldn't obey that order in a state such as this with our western attitude of strongly disliking the curtailing of individual liberties. The Bundy incident in Nevada is a good example of resistance by westerners.


The Readers Digest version.
[video=youtube;bD61YFxUga4]https://www.youtube.com/watch?v=bD61YFxUga4[/video]
 
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