Ryan Gill (![[info]](http://l-stat.livejournal.com/img/userinfo.gif){kind=small} montieth) wrote,@ 2008-10-07 12:09:00 |
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Splashover...
So, I've alluded here and elsewhere to how, the arguably unconstitutional enforcement of some Federal and state/local laws relating to firearms results in infringement not just on the 2nd amendment but also on the 4th and 5th. Here's an example that's been ruled on at least in the preliminary stages where a woman, who still sore about more than a score of women and children killed over lack of payment of $200 taxes.
Karen Kilpatrick was stopped by Pensacola Police at the behest of the BATF. She had driven a van near their office on Pensacola with "Remember the Children of Waco" And "Boo ATF" written on the windows in some form of paint. The Police stopped her, detained her and waited on the ATF agent to arrive, handing her documents (license, etc) over to the agent. Who then questioned her, took possession of her legally carried firearm (in her purse) and searched her. The 'interview' took an hour, the search yielded nothing and the agent let her go with a warning to wash her windows after handing her firearm back unloaded.
There's the usual back and forth, but the basic points the ATF agent made was that the van was seen driving around their offices building, had the signs and the date was the anniversary of the end of the Waco Siege, the language on the Van made the government workers 'nervous'.
The ACLU is representing Ms Kilpatrick and sued the ATF agent and the US on the basis that the stop violated her 1st, 4th and 5th amendment rights.
There's been a summary Judgement by a Federal Court judge dismissing the charge of violation of due process. But the complaints of infringement of Free Speech, unlawful arrest, and unlawful search are supported. The judge also denied the Agent's claims of qualified immunity, so he's on the hook personally for this still.
Interestingly the ATF agent opined that she needed to be stopped because she had a CCW permit (apparently informed over the phone by the Pensacola PD).
Looks like the ACLU is finally doing something right. They might yet get back into my good graces.
So, I've alluded here and elsewhere to how, the arguably unconstitutional enforcement of some Federal and state/local laws relating to firearms results in infringement not just on the 2nd amendment but also on the 4th and 5th. Here's an example that's been ruled on at least in the preliminary stages where a woman, who still sore about more than a score of women and children killed over lack of payment of $200 taxes.
Karen Kilpatrick was stopped by Pensacola Police at the behest of the BATF. She had driven a van near their office on Pensacola with "Remember the Children of Waco" And "Boo ATF" written on the windows in some form of paint. The Police stopped her, detained her and waited on the ATF agent to arrive, handing her documents (license, etc) over to the agent. Who then questioned her, took possession of her legally carried firearm (in her purse) and searched her. The 'interview' took an hour, the search yielded nothing and the agent let her go with a warning to wash her windows after handing her firearm back unloaded.
There's the usual back and forth, but the basic points the ATF agent made was that the van was seen driving around their offices building, had the signs and the date was the anniversary of the end of the Waco Siege, the language on the Van made the government workers 'nervous'.
The ACLU is representing Ms Kilpatrick and sued the ATF agent and the US on the basis that the stop violated her 1st, 4th and 5th amendment rights.
There's been a summary Judgement by a Federal Court judge dismissing the charge of violation of due process. But the complaints of infringement of Free Speech, unlawful arrest, and unlawful search are supported. The judge also denied the Agent's claims of qualified immunity, so he's on the hook personally for this still.
Interestingly the ATF agent opined that she needed to be stopped because she had a CCW permit (apparently informed over the phone by the Pensacola PD).
Looks like the ACLU is finally doing something right. They might yet get back into my good graces.
