Civil Rights Action Against Anti-gun Officials (vanity)

[AtlasStalled]

Since owning a gun is a constitutional right, is there a case to be made for an action under 42 U.S.C. section 1983 against those who seek to infringe our gun rights?

Section 1983 provides:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

[mountainlion]

Sarah Palin was sued so many times that she had to resign as Governor because she could not afford the baseless charges. Democrats should be given some of their own medicine back to them. Civil Rights could also be added to the mix. There are many approaches that should be used against them.

[freedumb2003]

If that was to be enforced, all democrat legislators and 1/2+ of Republicans would have to be arrested and imprisoned for life.

Not a bad plan when I think of it.

[hdbc]

The ACLU, a leading proponent for civil rights is right on top of this/sarc..

[AtlasStalled]

“Not a bad plan when I think of it.”

Right?!

It just seems to me that when state officials are enforcing unconstitutional laws against the people they should be held personally accountable in the courts. The recklessness with which some of these state and local politicians is proceeding against Second Amendment rights is mind boggling.

[NewJerseyJoe]

I’ve been having this same thought for the last couple of months. This idea needs to be into the hands of folks with a microphone (Levin, etc.).

[RightOnTheBorder]

The problem with trying to use the system is that most judges are either in on, or sympathetic to the statist kabal. The kind of judges who would oversee these lawsuits are appointed by statists and face no elections.

The fact is that some states are completely lost and the federal government has tipped to be completely leftist. Freedom lovers are far outnumbered by statists and there will never again be any legislative relief for a conservative. The best thing to do is consolidate into states where people share your values and help gaurd against the influx of leftist parasites who follow economic sucess and bring their progressive disease with them.

[AtlasStalled]

“This idea needs to be into the hands of folks with a microphone (Levin, etc.).”

Levin’s a lawyer, too.

[ez]

I will ask my lawyer if I can sue Andy Coomo under this law.

[Stanwood_Dave]

The reason I believe that Sarah Palin had to resign as Governor because she could not afford the baseless... costs of defending the claims.

I believe in Alaska what they (the citizenry of Alaska) did is to say until you prevail in the court system, the state will not represent you, via say State Attorney General. But if you do in fact prevail, in court, the State of Alaska will reimburse you for cost(s); i.e., for Lawyer, etc.

The following was an answer to another similar question but highlights the problems for bring a lawsuit (Fed. Sec. 1983) against public officials.

"... individual immunity might be applied in the Reese case?"

Can you say Thank you [to] Randall Claude "Randy" Weaver (born January 3, 1948)[1] was caught in the deadly confrontation with U.S. federal agents at Ruby Ridge, Idaho, in 1992.

A BRAVE local prosecutor [Denise Woodbury, Boundary County, Idaho, prosecutor] charged some of the "Fed's" in this / that case {Randy Weaver}, everyone in the legal profession thought the women prosecutor who brought the charges was to put it mildly, stock raving mad, the opponent who ran for office used this against her & won. She [Denise Woodbury] lost at the local level in court, but the 9th Circuit on appeal upheld the fact the {this is from memory} "Complaining Witness" who lie's on a complaint, looses their "Qualified Immunity Status."

Just one of the few times the 9th Circuit Circus, got it right. For those who don't know the 9th Circuit holds the distinction as one of the most overturned circuit(s) by the U.S. Supreme Court.

Hope this Tid-Bit of information is helpful to someone involved in the Reese case.

Please See: Post Number "10" @ / on http://www.freerepublic.com/focus/f-news/2991227/posts

Please See also: Post Number "1" http://www.freerepublic.com/focus/f-news/2985978/posts

For those who may think that I'm trying to either A-"SELL Something," or B show how many times I've posted, or etc. The plain Truth is this, It took a lot of HTML time, to make those comments, and I'm plain lazy.

In short I doubt that any court will hold anyone who has proposed said unconstitutional gun laws, only because legislator's have and are entitled to "Qualified Immunity Status" while doing their jobs.

[mountainlion]

Sarah Palin won all 19 law suits against her form one democrat in particular and it cost her millions to defend herself without any help form Alaska. That is why she resigned.

[Stanwood_Dave]

I stand corrected reference Sarah Palin being reimbursed by the State of Alaska, after prevailing in court, but as far as filing a lawsuit (Fed. Sec. 1983) against a person (State Legislator, congressman etc.) and winning in court, it's not gonna happen.

Although the proposed [Gun] law may be found buy a Court of Competent Jurisdiction to be unconstitutional, said (State Legislator, Congressman etc.) are entitled {rightfully} to Qualify Immunity from [law]suit, while doing there job.

[Stanwood_Dave]

I stand corrected reference Sarah Palin being reimbursed by the State of Alaska, after prevailing in court, but as far as filing a lawsuit (Fed. Sec. 1983) against a person (State Legislator, congressman etc.) and winning in court, it's not gonna happen.

Although the proposed [Gun] law may be found by a Court of Competent Jurisdiction to be unconstitutional, said (State Legislator, Congressman etc.) are entitled {rightfully} to Qualify Immunity from [law]suit, while doing there job.

[BerserkPatriot]

Speaking of Civil Rights:

Never Again' Campaign Launched: Gun Control Has Historic Roots in Disarming Blacks, Lynchings by the KKK http://cnsnews.com/news/article/never-again-campaign-launched-gun-control-has-historic-roots-disarming-blacks-lynchings (CNSNews.com) – A new video depicts graphic scenes of a black man being dragged from his home and hanged from a tree by white men in hooded gowns with a burning cross as a backdrop – a reminder, producers say, of laws that once banned African-Americans from owning firearms.

The Never Again Campaign https://www.youtube.com/watch?v=uMV1hNXt1JM&feature=player_detailpage

[mountainlion]

We need our own ACLU to attack liberals and force them to pay costs. We need class action law suits. We need Civil right suits anything we can afford and think of. We need a wise balanced attack, or we can set back and watch them take everything.

[Stanwood_Dave]

I agree with your statements "We need our own ACLU..."

Personally, I'm waiting for the shooting to start, for those who say it's too early for that {shooting} their is a lot that can be done, Let's me be the first to offer a Bridge in Brooklyn, Long Island, New York for Sale.

The return on investment is excellent. :-)

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards." -- Claire Wolfe.
http://billstclair.com/lodge/images/bastcover.gif

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