UtahJarhead
Regular Member
imported post
Mitch Vilos? You don't get much more gun rights than that.
Mitch Vilos? You don't get much more gun rights than that.
According to:
ACLU POSITION
Given the reference to "a well regulated Militia" and "the security of a free State," the ACLU has long taken the position that the Second Amendment protects a collective right rather than an individual right. For seven decades, the Supreme Court's 1939 decision in United States v. Miller was widely understood to have endorsed that view.
The Supreme Court has now ruled otherwise. In striking down Washington D.C.'s handgun ban by a 5-4 vote, the Supreme Court's 2008 decision in D.C. v. Heller held for the first time that the Second Amendment protects an individual's right to keep and bear arms, whether or not associated with a state militia.
The ACLU disagrees with the Supreme Court's conclusion about the nature of the right protected by the Second Amendment. We do not, however, take a position on gun control itself. In our view, neither the possession of guns nor the regulation of guns raises a civil liberties issue.
The NV ACLU has taken case in our state. So the local UT may as well.This is the national ACLU view, the local chapters will sometimes take on gun cases.
Firing position is the position from which a round would be fired and a bullet exit the barrel. For a semi-auto, this is the chamber. For a revolver, it is the chamber that is in-line with the barrel and under the hammer, regardless of whether the hammer is cocked, half-cocked, or resting on the round. Consider what happens in the off-chance a non-drop-safe revolver, with the hammer resting on a live round, is dropped and it lands in such as way as to cause a discharge. It is the round "in firing position" that will be discharged.What is a 'firing position"? A firing position for a revolver would be the chamber ready to be advanced to be fired, right? unless you have case law otherwise, I don;t see how a bullet in a position which cannot be fired cn be "in the firing position"76-10-502. When weapon deemed loaded.
(1) For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.
(2) Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.
(3) A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.
Violation of your civil rights should be enough motivation to sue in federal court.Mike wrote:as for a federal lawsuit i don't know what grounds i would have to stand on except for maybe violating my civil rights i am looking at such a rout but honestly were dose that get us beside more hassle from the same police department towards my self,James and other fellow OCers or even other departments to start targeting OCer's and then again it might help to get the laws learned by the LEO's that are not fully up to date on themYou both need to find Utah barred couonsel who will handle your criminal case WITH AN EYE toward filing a lawsuit for damages after the charges are dismissed - on what grounds were you even seized to begin with!!??