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Prison and Liability in Damages For Denying or Interference With Gun Rights?

1K views 16 replies 13 participants last post by  osanmike 
#1 · (Edited)
I have gotten fed up with "public officials" who deny and interfere with the right (in whatever form it exists in the relevant jurisdiction) to carrry or have firearms.

The New Orleans situation is one. Recent problems in Georiga are another. Experiences people have had exercising their rights under 18U.S.C. 926A (federal provision allowing possession of unloaded, out-of-reach firearms if travelling through a retarded anti-gun jurisdiction) are another.

I propose a solution: a federal law, making it a felony with a mandatory minimum prison sentence for interfering with clearly granted gun rights. I also propose another federal law stripping public officials from civil immunity (both from suit and liability) for such interference. I would pattern such statutes on the already existing Civil Rights statutes in 42 U.S.C.- - you can go to jail for interfering or denying someone Constitutionally granted civil rights and you can get sued for it, too, big time (ask cops about 42 U.S.C. 1983 actions).

Who says more gun laws are bad? They don't HAVE to be- - you can use legislation to BUILD rights as well as restrict them.
 
#3 ·
That sounds like a hell of a plan, mybe you can get Inhofe to write or propose the bill and try to get it passed. I would try to help you out with the Texas end.

I wouldn't hold my breath on it though.
 
#4 ·
Randy - that makes one heck of a nice dream, tho not sure at all how it could ever be officially drafted, let alone see the light of day for debate and passing.

I applaud the idea, that's for sure.
 
#6 ·
Now That's A Plan...

contact the NRA with your ideas...that may be a first step...
Phone calls are cheap...

ret:urla9ub:
 
#7 ·
I will mull it over, see how the civil rights statutes are drafted, and see what the NRA has to say about it. I fear nothing will be done on it for at least two years since the GOP is going to take it on the chin here in a couple of weeks.

Inhofe and Coburn both would probably back such a measure...I don't know so much about the Representative from this District (John Sullivan)- while conservative, which usually means pro-2A, he strikes me (and I could easily be wrong, since I've never even met the man before) as a little flaky.
 
#11 ·
You get my vote.

I remember a case a few years back where a man went to a convenient store and saw a no gun sign. He went back and locked the gun in the car and entered the store. A BG came in and shot and killed the store clerk and shot him. He sued the store for making him leave his gun in the car and taking his defense away and won!
 
#16 ·
While I LIKE that, I don't know how he won. Couldn't the defense simply say that he had the choice of not coming in and doing business. "No one forced him to go in there. If he had a principled objection, he could have stood on that principle and not 'agreed' to go in."

I get sickened by that kind of argument; it angers me. The idea behind it is that if every place made such a rule, it would squeeze us for places we could go to.

Technically, in Texas, if EVERY STORE IN THE STATE decided to post an official "30.06" sign, you could find yourself unable to legally carry into ANY BUSINESS, right? The saving grace is that they don't all bother to do it. That's not much of a safety net, to me.
 
#12 ·
How about we just get the SCOTUS to uphold the 2A and the application of the 2A to the states via the 14A. Basically what this will do is strike every single gun control law and registration scheme from the books except those passed by the states from 1789 to 1914 (I believe when the 14th A was ratified, might be 1911, somewhere around WW1). There wasn't too many, if any state gun control laws passed pre-14th A (applies the BoR to the states, among other things). So of course the GCA of 1934, aka the NFA crap, the GCA of 1968 and so on will be stricken from the federal statutes.

In the future when I choose to start running for public office, this will be goal #1.
 
#13 ·
In the future when I choose to start running for public office
Senator freakshow10mm - Congressman freakshow10mm - Prez freakshow10mm ................. has a ring to it ! LOL!

Ahh no - now it'd be ''Daddy freakshow10mm'' :smilez:
 
#14 ·
I'll be running on the Libertarian ticket if I get their nomination, which shouldn't be a problem.

After a few years in LE, I'll start with sheriff or some city or county seat. I'd like to be governor of either WI or MI, then spend a few years in the state legislature before even thinking of running for a US seat.

I'd be happy to stay state level. Gives me better hold on the issues and easier to stay in contact with constituents. Too easy to get lost in the shuffle representing in DC. Long distance relationships don't work well and that certainly applies to a public representative in DC working for people on the other coast. Very hard to do.

It is a sad day when we have to pass laws to regain our rights that were illegally taken away and restricted.
 
#15 ·
Why shouldn't it fly? It's only because of a preposterous omission that the right to bear arms is not currently considered to ride along with every other civil right that is protected by federal law!
 
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