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AG Opinion re LEOs and AWs
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-- Rifle, Pistol, Shotgun
Not a lawyer, just a former LEO proud to have served.
Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison -
"Freedom begins with an act of defiance"
Quote for the day:"..the mind is the weapon and the hand only its extention. Discipline your mind!" Master Hao, Chenrezi monastery, Valley of the SunComment
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The reason a retired LEO who had a personal AW registered is unprosecuteable is that I believe the penal code exempts anyone whose firearm is registered on the face of the law. It's hard to find the LEO guilty beyond a reasonable doubt of a constitutional interpretation that is parallel but not directly on point.
-GeneGene Hoffman
Chairman, California Gun Rights Foundation
DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights on Twitter.
Opinions posted in this account are my own and not the approved position of any organization.
I read PMs. But, if you need a response, include an email address or email me directly!
"The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -AnonComment
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What the hell happened to the 14th amendment?Comment
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I almost spit tea all over my computer!member: Electronic Frontier Foundation, NRA, CGF
Deer Hunting Rifles? "Let's get rid of those too" - Adam Keigwin, Chief of Staff for Senator Leland YeeComment
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sigpic
One guy walks over to the black rifle area and starts gazing. An employee asked him if he knew what he wanted. The guy answered "Not sure......definitely something black.............and short...............and tactical."
"I thoroughly disapprove of duels. If a man should challenge me, I would take him kindly and forgivingly by the hand and lead him to a quiet place and kill him."
-Mark TwainComment
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I got a memo and form to sign from my chief, stating that I acknowledge and have read the opinion, and upon retirement or separation, I will privide proof to my agency that it has been disposed of, sold or a permit from DOJ saying its lawful for me to continue to possess it. If I refuse to sign the form, the chief will notify DOJ that the permission to continue to possess is recinded by my agency.
I dont have a big problem with signing it, because I have a permit from DOJ (the original registration letter). And I called DOJ and spoke with "Dana" in firearms. I asked him if DOJ was revoking registrations if the agency recinds permission to possess, or notifies them of a retirement. He said they are NOT revoking the registrations.
But who knows what will happen in the future and what this new AG will do...Comment
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That is not AT ALL clear from the Heller decision. Here's what the court said:
It may be objectedthat if weapons M-16 rifles and the likemay be
banned, then the Second Amendment right is completely
detached from the prefatory clauseIndeed, it may be true that no amount of small
arms could be useful against modern-day bombers and
tanks. But the fact that modern developments have limited
the degree of fit between the prefatory clause and the
protected right cannot change our interpretation of the
right.
Bold mine. To paraphrase: If M-16s may be banned, then the first clause of the amendment no longer applies. Short of a constitutional convention that overturns the amendment, I contend that it certainly does still apply.
To continue paraphrasing: Even if M16s can't overcome modern tanks and bombers for the original anti-tyranny purpose, they are still protected.www.christopherjhoffman.com
The Second Amendment is the one right that is so fundamental that the inability to exercise it, should the need arise, would render all other rights null and void. Dead people have no rights.
Magna est veritas et praevalebitComment
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I'm willing to bet that if you had a time machine you might learn that the framers felt the 2A was to apply to things like artillery as well.
It was not unheard of for large landowners to have such things.Get the hell off the beach. Get up and get moving. Follow Me! --Aubrey Newman, Col, 24th INF; at the Battle of Leyte
Certainty of death... small chance of success... what are we waiting for? --Gimli, son of Gloin; on attacking the vast army of Mordor
Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God!
I know not what course others may take; but as for me, give me liberty or give me death! --Patrick Henry; Virginia, 1775Comment
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yup, you should hear hoffmang talk about "letters of Marque" where citizens actually owned their own warships to attack pirates.Jack
Do you want an AOW or C&R SBS/SBR in CA?
No posts of mine are to be construed as legal advice, which can only be given by a lawyer.Comment
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If the principle of the anti-tyranny purpose of the 2A is to balance power of government with a peaceable armed populace, then isn't it obvious that the firearms would need to be up to the task? Otherwise, isn't that primary purpose of the amendment then rendered moot and null?
So, what antis won't say, but what is inherent in any argument that the police be better armed than law-abiding citizens, is that they disagree with the principles behind the second amendment but are unwilling to say so outright, and they don't have the balls or the ability to repeal it through the process laid out in the constitution itself.
So, instead of using due process to change what they don't like and don't agree with, they undermine the integrity of the entire constitution by making a mockery of it with their circumventions.www.christopherjhoffman.com
The Second Amendment is the one right that is so fundamental that the inability to exercise it, should the need arise, would render all other rights null and void. Dead people have no rights.
Magna est veritas et praevalebitComment
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