Do officers have a duty to not enforce unconstitutional laws?

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Status
    Not open for further replies.

    IDFInfantry

    Banned
    BANNED!!!
    Feb 21, 2013
    926
    Nomad

    ToolAA

    Ultimate Member
    MDS Supporter
    Jun 17, 2016
    10,500
    God's Country
    I’m curious to see if this ends up in court, or if the state will threaten to withhold tax dollars or something else to bully the chief into compliance. Fortunately he probably has the backing of the community.


    Sent from my iPad using Tapatalk
     

    fred2207

    Banned
    BANNED!!!
    Mar 14, 2013
    3,179
    PG
    I wish we had more LEO's like this! I have to agree with this police chief though. If you are told to enforce laws that infringe upon a citizen's constitutional rights then you have a duty to not enforce! You swore an oath some of you more than once!

    https://libertyhangout.org/2018/11/...D2aZW3i1t_bVHUNAB3Gzx01dpboyhR2yWeQQnc_BrDaEo



    This will never happen in MD... At every level of law enforcement in MD, infringement is the norm... Watch what happens when the bump stock infringement arrests start happening, as they surly will...
     

    Rob R.

    Active Member
    Oct 29, 2016
    771
    Harford Co
    If so I would love to see this happen in a red county like Harford with a very pro 2A sheriff.
    I cannot applaud Mr. Culp enough for standing up, there are already lawsuits filed from my understanding, one of which from the NRA filed in Seattle. Video here

     

    motorcoachdoug

    Ultimate Member
    MDS Supporter
    Here is a interesting question. Can Herr Frosh be arrested if he issued a rule that would go against the US Constitution and violate our rights? From what I hear the Sheriff of Alleganny County is like the Harford County Sheriff as well when it comes to 2A rights!
     

    K31

    "Part of that Ultra MAGA Crowd"
    MDS Supporter
    Jan 15, 2006
    35,632
    AA county
    On the GunsAmerica website there was an article about Gary Willis losing his life because of the Red Flag Legalized SWATing law. In the comments section there were a number of self-identified LEOs who said they would not enforce such a law if it came to their state.
     

    Kman

    Blah, blah, blah
    Dec 23, 2010
    11,988
    Eastern shore
    I'm sure many would say they would not enforce unconstitutional laws, but eventually would.

    I swore I would never buy my 2A rights, but I recently bought my HQL.
     

    ThunderStick

    Active Member
    May 12, 2013
    257
    Garrett County
    Here is a interesting question. Can Herr Frosh be arrested if he issued a rule that would go against the US Constitution and violate our rights? From what I hear the Sheriff of Allegany County is like the Harford County Sheriff as well when it comes to 2A rights!

    You can add the Garrett County Sheriff. He doesn't like FSA2013 at all.

    :thumbsup::thumbsup:
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    LEO have no duty to enforce an Unconstitutional Law.


    “The general rule is that an unconstitutional statute, though having the form and the name of law, is in reality no law, but is wholly void and ineffective for any purpose since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it; an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed … An unconstitutional law is void.”
    (16 Am. Jur. 2d, Sec. 178)
     

    TheOriginalMexicanBob

    Ultimate Member
    Jul 2, 2017
    32,179
    Sun City West, AZ
    When I was a federal officer I was bound by the policies of the our agency. I was obligated to follow any legal order given by a superior officer under applicable law. If I or any other officer refused to follow that order we were subject to punishment ranging from mere admonishment up to reprimands or worse. Now...we all know the US Constitution is the supreme law of the land and one can always argue it after the fact. As an officer I could refuse to comply and fight any punishment afterwards or make it plain with witnesses (and in writing if time allows) to state I was following orders under protest.

    I never had to face such an issue...thankfully. I once did refuse to carry out an order and did so in writing...it was more a federal regulation issue than a statutory law issue...but believe me it created a a boatload of trouble for me with a particular supervisor who was a brown nosing alpha hotel of the first order. We had a loud argument and I ended up walking out of his office before I could be accused of insubordination...which I think he was trying to bait me into.

    Just saying "I was following orders" is the easy way out and all too many officers will take that route. As a Jew I find that offensive. It brings up far too much history that saw millions murdered...not that I'm equating mass murder and genocide to the discussion here. It simply gets a negative reaction from me.
     

    RoadDawg

    Nos nostraque Deo
    Dec 6, 2010
    94,187
    You are absolutely correct

    But what is it that most of them say?

    “ I was just following orders “

    Comparing the Police in the USA to the murderers of the NAZI Party is a most offensive comparison. And highly unnecessary.
     

    44man

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    10,129
    southern md
    Comparing the Police in the USA to the murderers of the NAZI Party is a most offensive comparison. And highly unnecessary.

    Everyone has choices to make in life

    Those men back then did

    Cops now do

    I have had to make choices. I have been told to do things that were illegal, I have been told to steal and to lie to the customers the company was working for. And I have walked away with honor intact each time.

    It cost me money and hardships for my family but I found other jobs.

    I understand that me walking away just made a thief and liar and criminal of my replacement.

    I don’t understand those that don’t walk away or the men that replaced me, but I don’t want to either.

    When someone does something they know is wrong who should they be compared to? Folks that did something right??
     

    Art3

    Eqinsu Ocha
    MDS Supporter
    Jan 30, 2015
    13,267
    Harford County
    Isn't it up to the courts to decide whether laws are legal? Don't get me wrong, I support and appreciate his patriotism and commitment to doing what's right...but that's not how our system is supposed to work, is it?
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    Isn't it up to the courts to decide whether laws are legal? Don't get me wrong, I support and appreciate his patriotism and commitment to doing what's right...but that's not how our system is supposed to work, is it?

    So people should enforce and submit to Unconstitutional laws until the courts hear them? No.

    Again:
    “The general rule is that an unconstitutional statute, though having the form and the name of law, is in reality no law, but is wholly void and ineffective for any purpose since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it; an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed … An unconstitutional law is void.”
    (16 Am. Jur. 2d, Sec. 178)
     

    RoadDawg

    Nos nostraque Deo
    Dec 6, 2010
    94,187
    Everyone has choices to make in life

    Those men back then did

    Cops now do

    I have had to make choices. I have been told to do things that were illegal, I have been told to steal and to lie to the customers the company was working for. And I have walked away with honor intact each time.

    It cost me money and hardships for my family but I found other jobs.

    I understand that me walking away just made a thief and liar and criminal of my replacement.

    I don’t understand those that don’t walk away or the men that replaced me, but I don’t want to either.

    When someone does something they know is wrong who should they be compared to? Folks that did something right??

    Don't question my honor... And Don't compare me or those I have worked with to NAZIs. :cool: I don't do that to you and those you care about... I won't accept you doing that to me or those who I care about. It is rude and it is wrong.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    Don't question my honor... And Don't compare me or those I have worked with to NAZIs. :cool: I don't do that to you and those you care about... I won't accept you doing that to me or those who I care about. It is rude and it is wrong.

    You are good people, sir.
     
    Status
    Not open for further replies.

    Users who are viewing this thread

    Forum statistics

    Threads
    274,930
    Messages
    7,259,487
    Members
    33,350
    Latest member
    Rotorboater

    Latest threads

    Top Bottom