Protection from infringement

There have been people expressing concern H.R. 38, which intents to provide a means by which nonresidents of a State whose residents may carry concealed firearms may also do so in the State, will be ignored by some state and local political jurisdictions. While it is true criminals tend to continue doing criminal things the bill provides some relief for the victims of these particular criminals:

(2) When a person asserts this section as a defense in a criminal proceeding, the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person did not satisfy the conditions set forth in subsections (a) and (b).

(3) When a person successfully asserts this section as a defense in a criminal proceeding, the court shall 10 award the prevailing defendant a reasonable attorney’s fee.

(d)(1) A person who is deprived of any right, privilege, or immunity secured by this section, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages or other appropriate relief.

(2) The court shall award a plaintiff prevailing in an action brought under paragraph (1) damages and such other relief as the court deems appropriate, including a reasonable attorney’s fee.

This is a good first step and would seen to me it hints that pro-rights federal administrations can, and perhaps will, utilize existing law:

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

It wouldn’t take very many government criminals being arrested, let alone successfully prosecuted, before the criminal class of these political jurisdictions would get the message and decide they had more important business to attend to than prey upon innocent people exercising their specific enumerated rights.

While H.R. 38 isn’t the end result we want, it’s a significant step in the correct direction.


2 thoughts on “Protection from infringement

  1. Using the law as n affirmative defense still can mean a significant cost to the citizen in terms of time money and risk. The award of attorney’s fees and other damages will come from the state coffers and not the pockets of the people advocating the malicious prosecution. That is no real risk to them.

    I’ll let you take the chance in NJ, Maryland, NY and California. Let me know how it goes.

    I doubt you will ever see a prosecution under 187USC242

  2. No matter the outcome of any legal wrangling described being paid for by the taxpayer and NOT the criminally abusive DA’s and cops the odds of prevailing
    in court on such an action are SLIM to NONE. Because ALL such civil cases are carefully herded through the process by blackrobed pirates posing as ‘judges’. And the vast majority of judges do NOT BELIEVE in the Second Amendment, are openly hostile to it and because they are essentially UNACCOUNTABLE they do as they wish inside their courtrooms. America does NOT have a ‘Justice System’. It has a ‘Legal System’ concerned ONLY with twisting, contorting and interpreting myriad obscure and vague laws for the benefit of those in power and the financial gain of the shysters involved. If justice ever happens inside a courtroom it is always the accidental and unintended byproduct of the legal activities therein.

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