When a law enforcement officer breaches his oath he is no longer an officer. The officer may still be in possession of his badge, uniform and gun but these items are merely a form of identification; the items do not represent the person's authority given to him under cover of law, his oath does. The officer does not lose the authority to arrest but only as it deals with citizens arrest. Search and Seizure then becomes a possible trespass and theft of the items seized. The most important power that the officer loses is acting on Probable Cause. Then, like a civilian, must act under absolute certainty, a much greater burden. Why is this such important knowledge for the officer to know and understand?
The oath always includes “to uphold the Constitution of the United States . . . “ The Second Amendment is a part of the Constitution. Therefore an officer breaches his oath if he attempts to or confiscates a weapon from a law-abiding citizen. (This does not pertain to the securing of a weapon during an investigation for the protection of the officer. After, and if, the investigation does not prove unlawful activity, the weapon is promptly returned). If ordered to do so the officer must refuse the order as it is unlawful. If he obeys any unlawful order he is individually responsible for the act and may be fired, fined and/or imprisoned. In fact, if a supervisor gives an officer an unlawful order, the officer may arrest the supervisor. The charges would be Malfeasance of Office, Criminal Attempt of the crime ordered to commit and Conspiracy to commit said crime.
In an unlawful/unconstitutional confiscation attempt the officer is no longer protected under color of law and therefore is acting as a civilian. Any attempt by a civilian to use force to confiscate a homeowner's weapon can, under law, be resisted with force. If deadly, then so be it. If the law-abiding homeowner is arrested it is the duty and obligation for any and all patriots on the jury to nullify said jury by voting Not Guilty. If the judge or prosecutor tells you that Jury Nullification is illegal; he is a liar. No matter how angry the judge may become, you cannot be punished for your vote.
NEW: The U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 1687 (1974) stated that "when a state officer acts under a state law in a manner violative of the Federal Constitution, he "comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States." - END NEW.
Registration of weapons is merely an excuse to lead to confiscation which, in the 20th Century, after the populace was disarmed, governments killed 100,000,000 of their citizens. (Some sources say it's 170,000,000). Governments are formed to protect its citizens - one death would have been too many.
Now read the words of the Declaration of Independence.
"“But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”
Whose side are you on? Whose side will you take? Will you take my side, your brother, your sister, your father, your mother, or the other side against your son, your daughter, your wife, your grandparents, your aunts and uncles, nieces and nephews or maybe the neighbor of many years? You know the one who has come over and shoveled your sidewalk while you were sick and helped you in ways too numerous to mention. You know the one whose kid plays with your kid, coaches your kid in Little League, takes care of him and drives him to and from practice and games while you're on duty.
If and when the UN Gun Ban Treaty is passed at the UN and then IF ratified by the US Congress some police chiefs, maybe yours, under orders from the federal government, your state or city government may tell you to go confiscate all guns in the possession of the citizens in your city. This generally is preceded by an order to register all guns with the police. Of course many gun owners will not register their weapons. So now your chief tells you to go confiscate the guns that were not registered.
Will you follow the unlawful/unconstitutional order? Are you willing to give your full measure to confiscate a gun while performing an unlawful act? Is that gun owner willing to give his all to protect his rights? I know that many will. "Well," you say, "I'm not going to gun down my son, wife or daughter to get their gun." But the person you do shoot will be related somehow to someone listed in the first paragraph and your fellow officer will be the one who shoots your son. You don't care about that son and he doesn't care about your son. As I stated in Police Limitations when you are no longer acting under color of law any homicide committed by you is a Murder. You may or may not be prosecuted but in your heart you will know that you are a murderer.
Police officers today should start thinking what will they do. They should be talking about it with their fellow officers and make their feelings and what action they will take when/if the time comes.. Which officers will be on which side. The time is now. Police should make it clear of their intentions by addressing the subject in their department policy, announcing on blogs and/or signing up to be a Warrior. When making comments on blogs they should identify themselves as police officers, but not necessarily use their real names or departments. Say you will not obey the unlawful order as you have sworn to uphold the Constitution. Or, you will obey the order and use deadly force, if necessary, against the lawful citizens in your community. Get off the fence.
Some police officers feel that it's us against them (civilians), but police officers are civilians so they are against themselves. I used to teach that it's the good cops and the good civilians against the bad cops and the bad civilians. (I make the distinction of cop and civilian for clarity only).
In my article Police Limitations I state that if a supervisor gives an officer an unlawful order, the officer may arrest the supervisor. The charges being Malfeasance of Office, Criminal Attempt of the crime ordered to commit and Conspiracy to commit said crime.
But if you don’t, why can the charge of Nonfeasance of Office be leveled against you? If you see, have Probable Cause or a warrant to arrest someone for a Burglary (a crime) you would arrest him. If you did nothing about it you might be punished in some way. The situation regarding receiving an unlawful order and doing nothing about it, i.e., arresting your supervisor for Malfeasance of Office makes you guilty of Nonfeasance of Office – not doing your job. If an officer overhears a supervisor give an unlawful order to another officer who does nothing about it, it is the duty of that officer to take action and may arrest the supervisor. If the officer obeys that unlawful order then he may be arrested also by the overhearing officer who witnesses the unlawful act.
Several years ago several officers on the midnight shift were committing Burglaries. One night the state police raided the PD and arrested every officer on that shift. Why the ones who weren’t committing the burglaries? They knew who the burglars were and did nothing about it – Nonfeasance of Office.
3-16-1. Willful failure to perform official duty as misdemeanor. Where any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every intentional omission to perform such duty, where no special provision shall have been made for the punishment of such delinquency, is a Class 2 misdemeanor. (South Dakota Criminal Code. This is merely an example. Is it a felony in your state?) (Emphasis mine).
I sent the following advisement to every state police department in the United States and requested their Gun Confiscation policy. Six dept.'s could not be contacted so I sent it to the governor requesting him to forward to his state police. I expect to have 100 troopers show up at my door soon - two from each state. lol.
Let it be known to all law enforcement officers that it is illegal to confiscate weapons from law abiding citizens. Acting against your oath of office negates your powers and renders you to the status of a civilian criminal.
The Bill of Rights, the 2nd Amendment, is part of the Constitution.
The U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 1687 (1974) stated that "when a state officer acts under a state law in a manner violative of the Federal Constitution, he "comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States."
Request copy of your department policy, if you have one, regarding this subject.
NateRetired LEO/Criminal Law/Firearms Instructor/CT Rangemaster.
Creator & Site Owner of: