Federal Judge rules Missouri Gun Law Unconstitutional.

SavannahMann

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Nov 16, 2016
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Here is the short version. Missouri passed a law preventing any cops from enforcing or assisting the ATF in enforcing any gun laws. The Department of Justice sued claiming that this violated the Supremacy Clause of the Constitution. A Federal Judge ruled No Shit.


Counting down until we hear the bleating of the usual suspects about Sanctuary Cities.
 
Here is the short version. Missouri passed a law preventing any cops from enforcing or assisting the ATF in enforcing any gun laws. The Department of Justice sued claiming that this violated the Supremacy Clause of the Constitution. A Federal Judge ruled No Shit.


Counting down until we hear the bleating of the usual suspects about Sanctuary Cities.
Missouri has no choice but to secede and fight back against this federal tyranny....
 
Aren't the Democrats creating sanctuary cities, thereby declaring an intent to ignore federal immigration laws?
 
Here is the short version. Missouri passed a law preventing any cops from enforcing or assisting the ATF in enforcing any gun laws. The Department of Justice sued claiming that this violated the Supremacy Clause of the Constitution. A Federal Judge ruled No Shit.


Counting down until we hear the bleating of the usual suspects about Sanctuary Cities.
Feds have no control over intra state they cannot force states to assist them
 
That's the fantasy. Here's Reality........
Tyrants can do whatever the hell they want ...ANYTHING.....if no one is willing to stop them. Simple.

Sad for you if you don't understand that.
Look to the local Sheriff's they have the power to remove the feds from their county.
 
Aren't the Democrats creating sanctuary cities, thereby declaring an intent to ignore federal immigration laws?

Actually. No.

What the Sanctuary Cities do is refuse to honor the Remainder Request. This is a letter which asks the local cops to hold onto an Illegal for three days after he would otherwise be released. So that the CBP can come and collect the illegal.

Note. This is a letter. A request. A warrant is an order signed by a Judge. A cop has to honor and enforce the warrant. Nobody is required to oblige a request.

One of the number of reasons is liability. Let’s say you are the Sheriff. You get a remainder request for Juan Gonzales to be held. He would be processed out today. He was just picked up for drunk and disorderly. Instead you hold Juan at the request of CBP.

Only problem is that Juan is a Citizen. The CBP decides this is the wrong Juan Gonzales. After three days what do you do? You maybe turn him loose. Then he sued for you holding an American Citizen for three days without charges. You don’t get to claim Qualified Immunity because there are a lot of cases where the cops were sued for holding someone without charges improperly. It’s in the Constitution. You can’t do that.

After the fifth time the County Attorney sits down with you and explains using flash cards that you can’t afford to keep doing this. The CBP is not liable or responsible. It is a request and has no legal weight.
 
Here is the short version. Missouri passed a law preventing any cops from enforcing or assisting the ATF in enforcing any gun laws. The Department of Justice sued claiming that this violated the Supremacy Clause of the Constitution. A Federal Judge ruled No Shit.


Counting down until we hear the bleating of the usual suspects about Sanctuary Cities.
Missouri is a 2A Sanctuary State!
 
Actually. No.

What the Sanctuary Cities do is refuse to honor the Remainder Request. This is a letter which asks the local cops to hold onto an Illegal for three days after he would otherwise be released. So that the CBP can come and collect the illegal.

Note. This is a letter. A request. A warrant is an order signed by a Judge. A cop has to honor and enforce the warrant. Nobody is required to oblige a request.

One of the number of reasons is liability. Let’s say you are the Sheriff. You get a remainder request for Juan Gonzales to be held. He would be processed out today. He was just picked up for drunk and disorderly. Instead you hold Juan at the request of CBP.

Only problem is that Juan is a Citizen. The CBP decides this is the wrong Juan Gonzales. After three days what do you do? You maybe turn him loose. Then he sued for you holding an American Citizen for three days without charges. You don’t get to claim Qualified Immunity because there are a lot of cases where the cops were sued for holding someone without charges improperly. It’s in the Constitution. You can’t do that.

After the fifth time the County Attorney sits down with you and explains using flash cards that you can’t afford to keep doing this. The CBP is not liable or responsible. It is a request and has no legal weight.
So in other words not assisting the feds
 
Actually. No.

What the Sanctuary Cities do is refuse to honor the Remainder Request. This is a letter which asks the local cops to hold onto an Illegal for three days after he would otherwise be released. So that the CBP can come and collect the illegal.

Note. This is a letter. A request. A warrant is an order signed by a Judge. A cop has to honor and enforce the warrant. Nobody is required to oblige a request.

One of the number of reasons is liability. Let’s say you are the Sheriff. You get a remainder request for Juan Gonzales to be held. He would be processed out today. He was just picked up for drunk and disorderly. Instead you hold Juan at the request of CBP.

Only problem is that Juan is a Citizen. The CBP decides this is the wrong Juan Gonzales. After three days what do you do? You maybe turn him loose. Then he sued for you holding an American Citizen for three days without charges. You don’t get to claim Qualified Immunity because there are a lot of cases where the cops were sued for holding someone without charges improperly. It’s in the Constitution. You can’t do that.

After the fifth time the County Attorney sits down with you and explains using flash cards that you can’t afford to keep doing this. The CBP is not liable or responsible. It is a request and has no legal weight.
Beyond all that...
The person would be held in general population when they risk being assaulted or worse and
There's a cost involved. Not large on an individual basis but say LE holds people for a total of 3k days(that's less than 90 people per month) the cost to the jail could be as high as $100k annually and not reimbursed.
 
Aren't the Democrats creating sanctuary cities, thereby declaring an intent to ignore federal immigration laws?
Yes..and they are allowed to ignore said law..as it is not in their jurisdiction to enforce said law. There are no sanctions and nothing preventing the US authorities from enforcing their laws. The declaration of 'Sanctuary City' is purely symbolic with no force of law.
The Missouri statute was a State law with penalties for non-compliance.


The Missouri law had subjected law enforcement agencies with officers who knowingly enforced federal gun laws without equivalent state laws to a fine of $50,000 per violating officer.
Federal laws without similar Missouri laws include statutes covering weapons registration and tracking, and possession of firearms by some domestic violence offenders.
 

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