george68hemirr
I think you guys are full of shit.
Status Update
By NY gun owners unite
Any FB constitutional scholars or legal experts want to weigh in on this e-mail that was sent us?
From a concern LEO
"Our brothers and sisters in law enforcement should consider the civil rights liability if they choose to enforce an unconstitutional law. Those of us who are or have been in law enforcement know we can be sued in federal court under 42 USC 1983 if we violate a citizen’s Constitutional rights. These civil lawsuits are filed regularly by the ACLU and the NYCLU. The Second Amendment is prominent on the list of “rights,” as is the due process clause of the Fourteenth Amendment — which makes vague laws unenforceable and unconstitutional. Ex post facto laws are also a violation of the Constitution, Article I, Sections 9 and 10. A police officer can be held personally liable for damages — as well as punitive damages — if he violates one’s Constitutional rights. Thus, besides making possible felons of our fellow officers, Cuomo’s law can create a real dilemma for law enforcement. Police have an independent obligation to not violate a person’s Constitutional rights. It is not enough that a politician “assures” us that our actions are Constitutional. The politician will not be held civilly liable, will not lose his bank account, or house, or other assets. But the police officer who violates Constitutional rights might. Thus, a police officer’s informed use of discretion regarding whether to enforce some of the new law’s provisions may, on the one hand, anger political zealots who want every word enforced regardless of the law’s probable Constitutional infirmity or, on the other, subject the officer to financial ruin from civil liability for violating one’s Constitutional rights. Our fellow officers should exercise discretion in their own self interest — as Cuomo will surely throw us under the bus when the going gets tough. A source close to the NYSP union claims that hundreds of New York State troopers have stated privately that they have concerns about enforcing the NY Safe Act and are unhappy about registering their own guns. The source claims that NYSP union members have concerns about the constitutionality of this law. Although they have resisted commenting on the law publicly The NYSP union very interested in what will happen in the coming year as the response from its members has been unprecedented. The source claims "The number of troopers who have called is way more than 500. This is also the first time troopers are openly stating they will not enforce nor will they register any of their own guns required by the new law. This is unheard of in the NYSP. Unfortunately our superintendent is hand picked by Cuomo and will do almost anything Cuomo tells him too. The union is against the law but has not come out publicly and may not. They got into politics a few years ago and it's been a double edge sword a lot of us saw coming. So know that the NYSP union members are their with the second amendment and as a whole don't like this law as much as everyone else. It will be interesting to see what happens in the upcoming year. In my 25 years I never saw or heard anything like this from the troopers."
By NY gun owners unite
Any FB constitutional scholars or legal experts want to weigh in on this e-mail that was sent us?
From a concern LEO
"Our brothers and sisters in law enforcement should consider the civil rights liability if they choose to enforce an unconstitutional law. Those of us who are or have been in law enforcement know we can be sued in federal court under 42 USC 1983 if we violate a citizen’s Constitutional rights. These civil lawsuits are filed regularly by the ACLU and the NYCLU. The Second Amendment is prominent on the list of “rights,” as is the due process clause of the Fourteenth Amendment — which makes vague laws unenforceable and unconstitutional. Ex post facto laws are also a violation of the Constitution, Article I, Sections 9 and 10. A police officer can be held personally liable for damages — as well as punitive damages — if he violates one’s Constitutional rights. Thus, besides making possible felons of our fellow officers, Cuomo’s law can create a real dilemma for law enforcement. Police have an independent obligation to not violate a person’s Constitutional rights. It is not enough that a politician “assures” us that our actions are Constitutional. The politician will not be held civilly liable, will not lose his bank account, or house, or other assets. But the police officer who violates Constitutional rights might. Thus, a police officer’s informed use of discretion regarding whether to enforce some of the new law’s provisions may, on the one hand, anger political zealots who want every word enforced regardless of the law’s probable Constitutional infirmity or, on the other, subject the officer to financial ruin from civil liability for violating one’s Constitutional rights. Our fellow officers should exercise discretion in their own self interest — as Cuomo will surely throw us under the bus when the going gets tough. A source close to the NYSP union claims that hundreds of New York State troopers have stated privately that they have concerns about enforcing the NY Safe Act and are unhappy about registering their own guns. The source claims that NYSP union members have concerns about the constitutionality of this law. Although they have resisted commenting on the law publicly The NYSP union very interested in what will happen in the coming year as the response from its members has been unprecedented. The source claims "The number of troopers who have called is way more than 500. This is also the first time troopers are openly stating they will not enforce nor will they register any of their own guns required by the new law. This is unheard of in the NYSP. Unfortunately our superintendent is hand picked by Cuomo and will do almost anything Cuomo tells him too. The union is against the law but has not come out publicly and may not. They got into politics a few years ago and it's been a double edge sword a lot of us saw coming. So know that the NYSP union members are their with the second amendment and as a whole don't like this law as much as everyone else. It will be interesting to see what happens in the upcoming year. In my 25 years I never saw or heard anything like this from the troopers."
