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Link Posted: 2/28/2015 8:09:47 PM EDT
[#1]
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Quoted:


They were trying to prohibit.  He talked himself into the criminality.
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The power to prohibit is not the power to criminalize.


They were trying to prohibit.  He talked himself into the criminality.


LE does not have the authority to promulgate rules or orders under 18 USC s.930(f). The court has that authority. In order to be promulgated, a court rule or order must be published. A person cannot be punished for violating a court order unless he had notice of the order before the violation occurred. The LE in the video never made reference to any court order. They referred only to 18 USC s.930, which does not criminalize the carrying of firearms on the grounds of courthouses.
Link Posted: 2/28/2015 8:11:51 PM EDT
[#2]
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This plus you don't have to Miranda someone as soon as you out the cuffs on. Open carry guy is an idiot.
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Conspicuously troll a federal building with rifles hoping to get arrested, and you get arrested?

Depending on the period of detention, they may have no civil recourse.


This plus you don't have to Miranda someone as soon as you out the cuffs on. Open carry guy is an idiot.


You don't have to Mirandize at all unless

1. the interviewee is in custody

2. you intend to interrogate him

3. you want his responses to your inquiry to be admissible against him in court.
Link Posted: 2/28/2015 8:13:26 PM EDT
[#3]
Should have stated, that he did not wish to create joinder, with them.
Link Posted: 2/28/2015 8:15:32 PM EDT
[#4]
So the government effectively kidnapped him.

They had no grounds to arrest him. They forcibly took him into custody and availed him of none of his civil rights.

What the fuck makes them think they can do that?
Link Posted: 2/28/2015 8:16:51 PM EDT
[#5]
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Reading some of the comments in here it looks like I have stumbled into the DU.

What the hell is wrong with you people.

I guess, "Shall not be infringed", are just words to some of you.
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It baffles the mind.
Link Posted: 2/28/2015 8:16:51 PM EDT
[#6]
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Just because you can, doesn't mean you should.
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Expanded: Just because it's your constitutional right, doesn't mean you should exercise your constitutionally protected right, we might have to illegally detain and threaten you.  Because we can an will.

Txl
Link Posted: 2/28/2015 8:17:36 PM EDT
[#7]
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Quoted:
So the government effectively kidnapped him.

They had no grounds to arrest him. They forcibly took him into custody and availed him of none of his civil rights.

What the fuck makes them think they can do that?
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FBHO wipes his ass with the constitution daily, why wouldnt they think they can get away with it?  Look at the people here defending them...
Link Posted: 2/28/2015 8:52:04 PM EDT
[#8]
Just curious What makes you think that was what he was actually detained for? The US Marshal was the one who detained him not the uniformed division guy, just because the uniformed guy threw something out there doesnt mean that was what the marshal went with?
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Quoted:


LE does not have the authority to promulgate rules or orders under 18 USC s.930(f). The court has that authority. In order to be promulgated, a court rule or order must be published. A person cannot be punished for violating a court order unless he had notice of the order before the violation occurred. The LE in the video never made reference to any court order. They referred only to 18 USC s.930, which does not criminalize the carrying of firearms on the grounds of courthouses.
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
The power to prohibit is not the power to criminalize.


They were trying to prohibit.  He talked himself into the criminality.


LE does not have the authority to promulgate rules or orders under 18 USC s.930(f). The court has that authority. In order to be promulgated, a court rule or order must be published. A person cannot be punished for violating a court order unless he had notice of the order before the violation occurred. The LE in the video never made reference to any court order. They referred only to 18 USC s.930, which does not criminalize the carrying of firearms on the grounds of courthouses.

Link Posted: 2/28/2015 9:10:18 PM EDT
[#9]
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Appurtenant could mean a lot of things and is not ascertainable without looking at the land records, or the (usually not publicly accessible) leases. It could include non-adjoining parcels, like an parking lot or annex to a court that GSA has leased. It could include easements for access. It could include lots of things not readily ascertainable by the public. Which is why the terminology in that statutory provision is problematic.
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18 U.S. Code § 930

(f) Nothing in this section limits the power of a court of the United States to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building.


Appurtenant is not synonymous with adjacent.


Appurtenant could mean a lot of things and is not ascertainable without looking at the land records, or the (usually not publicly accessible) leases. It could include non-adjoining parcels, like an parking lot or annex to a court that GSA has leased. It could include easements for access. It could include lots of things not readily ascertainable by the public. Which is why the terminology in that statutory provision is problematic.


That is a great point.
Link Posted: 2/28/2015 10:18:11 PM EDT
[#10]
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So, Black Panthers with billy clubs standing in front of polling places ... they're just exercising their 2nd amendment rights?
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No wonder gun owners are f*cked.  Even our own will eat one another.

<sarcasm> That guy has no reason to be open carrying! That idiot!  Who does he think he is exercising his "right"!?</sarcasm>

Don't bring a gun to a federal courthouse and tell officials that you are there in support/opposition to some specific case.


I forgot about the Federal exemptions to rights.  Sorry.

So, Black Panthers with billy clubs standing in front of polling places ... they're just exercising their 2nd amendment rights?

The DoJ seems to think so.
Link Posted: 2/28/2015 10:27:25 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


You don't have to Mirandize at all unless

1. the interviewee is in custody

2. you intend to interrogate him

3. you want his responses to your inquiry to be admissible against him in court.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Conspicuously troll a federal building with rifles hoping to get arrested, and you get arrested?

Depending on the period of detention, they may have no civil recourse.


This plus you don't have to Miranda someone as soon as you out the cuffs on. Open carry guy is an idiot.


You don't have to Mirandize at all unless

1. the interviewee is in custody

2. you intend to interrogate him

3. you want his responses to your inquiry to be admissible against him in court.


Cops + Custody + Questioning. I've arrested plenty of guys that were guilty enough to not need an interview. They got mirandized during booking or at the initial appearance by the magistrate.
Link Posted: 2/28/2015 10:47:11 PM EDT
[#12]
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Question.

So lets say he carries a rifle, slung, around the outside of the property.  Nothing happens.  LE looks at him, maybe waves and then ignores him.  What has been accomplished?

They "learned their lesson" not to mess with him?  The people who drove past and most likely didn't even notice he had a firearm are taught what...?  The masses are safer because he was ignored?

Lets stipulate to it being legal.  Whats the point?  Attention?  Exercising his rights?  Okay.  Could have done that at the piggly wiggly...it looks and smells of attention-whoring....

Just askin'...
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Yup.  Dont we have more important shit to worry about?
Link Posted: 3/1/2015 10:41:43 AM EDT
[#13]
As you can see, I've been around ARFcom for a long time.

I've never seen such a bunch of panty-waist, kiss-the-man's-ass, diarrhea-inducing, collectivist/statist-supporting, pants wetters in one thread since 2001.

I thought I'd never be embarrasssed by being a member of ARFcom; well I guess that's changed.

Don't even bother to reply to my post - you might have to wipe the fecal material from your fingers for digging around in .GOV's nether regions.

Send your donations to Mom's Demand Action
Link Posted: 3/1/2015 11:01:05 AM EDT
[#14]

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As you can see, I've been around ARFcom for a long time.



I've never seen such a bunch of panty-waist, kiss-the-man's-ass, diarrhea-inducing, collectivist/statist-supporting, pants wetters in one thread since 2001.



I thought I'd never be embarrasssed by being a member of ARFcom; well I guess that's changed.



Don't even bother to reply to my post - you might have to wipe the fecal material from your fingers for digging around in .GOV's nether regions.



Send your donations to Mom's Demand Action
View Quote
Ill take a newsletter please.

 
Link Posted: 3/1/2015 12:27:50 PM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
So the government effectively kidnapped him.

They had no grounds to arrest him. They forcibly took him into custody and availed him of none of his civil rights.

What the fuck makes them think they can do that?
View Quote






Link Posted: 3/1/2015 12:34:33 PM EDT
[#16]
My question is how does an organization incepted to be a bueaucratic umbrella to coordinate the efforts of established agencies get it's own army?
Link Posted: 3/1/2015 12:53:31 PM EDT
[#17]
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Quoted:


Shall not be infringed is what it should be. But, we have folks who look for attention and act surprised when they get it.

ETA: watched. He was in the right, but he could have walked away and made his case at a later time. He chose the hard way.
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Quoted:
Reading some of the comments in here it looks like I have stumbled into the DU.

What the hell is wrong with you people.

I guess, "Shall not be infringed", are just words to some of you.


Shall not be infringed is what it should be. But, we have folks who look for attention and act surprised when they get it.

ETA: watched. He was in the right, but he could have walked away and made his case at a later time. He chose the hard way.





I'm sure the founding fathers would have just walked away and left it alone
Link Posted: 3/1/2015 3:18:51 PM EDT
[#18]
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My question is how does an organization incepted to be a bueaucratic umbrella to coordinate the efforts of established agencies get it's own army?
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As usual N_B you cut right to the heart of it.

How, indeed - Napolitano + Obola = NSDAP
Link Posted: 3/1/2015 7:00:56 PM EDT
[#19]
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One wonders how congress would work if mere citizens were allowed to watch them vote while open carrying in the gallery......

Me thinks the voting would get REAL interesting....

Perhaps all congressional reps should ask themselves the question just before voting?

"Would my vote change if my constituency was sitting in the gallery armed?"



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So, laws will be decided by whomever brings the most guns to bear?
Link Posted: 3/1/2015 7:16:50 PM EDT
[#20]
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Quoted:
Reading some of the comments in here it looks like I have stumbled into the DU.

What the hell is wrong with you people.

I guess, "Shall not be infringed", are just words to some of you.
View Quote


No, but I recognize that limitations (within reason) can be placed on rights. My rights end where your nose begins, and all that. FYI, The Constitution provides for laws to be enacted AND for amending the document (remember prohibition?). Do we believe in age minimums for voting (or should 12-year-olds be allowed)? Minimum drinking age? Minimum age for driving? Pushing in ways that SCARE the general public builds support for the other side to use those Constitutional tools to hurt us. You can't believe in one part of the Constitution without believing in ALL of it.
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