PDA

View Full Version : UOC / false AW prosecutions


eaglemike
01-03-2009, 8:23 PM
Does it seem to anyone else that there might be needless prosecutions for UOC and false accusation of illegal AW ownership? Im asking this as I realize there seems to be ZERO consequence to the prosecution for this sort of activity. Please realize I don't want to start a DA bashing or LE bashing thread. I'd like to know if there is a way to hold people accountable for their actions in these situations.

Gene, is this possible, pie-in-the-sky, or a bad idea? Since the state is broke, why should they able able to waste money on this? It also costs the accused a lot of money out of pocket, and zero out of personal pocket for the state (or federal or municipal) employee. Defending one-self could cost everything, and then be found innocent, and no recovery? Doesn't seem right. Might be legal, but not right IMHO.

all the best,
Mike

nicki
01-03-2009, 8:37 PM
Seems to me this is "selective persecution" to me and no DA should have the power to use the legal system to "selectively or politically persecute" anyone.

Nicki

yellowfin
01-03-2009, 9:56 PM
I have been suggesting for months that we pursue passage of an official oppression law that deals directly with this concern, making those responsible directly subject to consequences for it. Pennsylvania and Texas have such laws on their books, PA's title 18 subsection 5302, and Texas PC 39.03. It is spelled out as a misdemeanor in PA's; Texas puts it in the same category as rape.

Ouch.

It's not a pipe dream. It's very obtainable if marketed correctly, as a means of protecting all civil rights- meaning anybody's at any time. Since it specifically enumerates the grievances as an actual crime, those responsible for it be they LE, DA, city council, or bureaucrat are liable for as steep penalties as necessary. Forget cost recovery, we're talking SERIOUS penalties which they have much too long deserved.

Yes folks, read it. It's a very sound, very practical, easily justifiable and completely marketable initiative or piggyback legislation which opens a big wide door to hell to kick them through.

CapS
01-03-2009, 10:11 PM
Pennsylvania and Texas have such laws on their books...

Wow. I did not know that there were such laws on the books anywhere!
This will be worth working on in PRK in the future. Someday we may even have "civil rights organizations" that really concern themselves with our civil rights.

Besides CGF, of course.

/Cap

BitterVoter
01-03-2009, 10:22 PM
Well, the win in this situation is what any public servant that DIDN'T support it we could use that against them in the next election process!

"You mean you don't support protection of a citizens rights?"

But out of curiosity, isn't there some sort of suit that can be filed in a wrongful prosecution situation? I mean, DA's can't possibly have full discretion to just arbitrarily charge someone...

hoffmang
01-03-2009, 11:26 PM
1. DA's have ABSOLUTE prosecutorial immunity. It is very hard to attack a DA. There are ways but they are not easy.

2. Part of the reason you see more of this is that Calguns.net and CGF have reached a certain critical mass where we miss very few pure firearms cases.

3. On the AW side, this is directly and completely the fault of DOJ BoF. It's a new year. We're going to do something serious about it. Count on it.

-Gene

RP1911
01-04-2009, 8:27 AM
Two Weeks! :)

69Mach1
01-04-2009, 9:40 AM
3. On the AW side, this is directly and completely the fault of DOJ BoF. It's a new year. We're going to do something serious about it. Count on it.

-Gene

Finally, we take the offensive. This is going to be a great year.