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Old May 26, 2012, 07:54 AM   #56
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,307
Quote:
Originally Posted by Aguila Blanca
Can someone explain why/how the police would lose qualified immunity if they enforce a newly-written law? As has been noted, any new law is enforceable until a court rules that it's not Constitutional.
In a word - Heller.

The longer explanation is that State actors cannot forbid the use of firearms for self-defense in the home. Under this legislation, such use would have to be "authorized" by local law. The State and local authorities have no power to prohibit nor authorize such use.

Under Bateman, the State and local authorities have no power to prohibit nor authorize the defensive use of firearms in or out of the home. Such a law deprives you of your fundamental right to self defense, under color of law, and is actionable under a section 1983 suit. Any sheriff or other police authority trying to enforce a clearly unconstitutional law would lose any immunity that would otherwise attach.
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