First off, for those of you who are reading this, I know LEO-1 personally. I know his family as well. He is a very likable guy. I like the guy. So I will not expose his identity.
He is involved in his community outside his job. My purpose here is not to cause problems for him at work.
On the other hand, Problems of conscience for him is a whole 'nother ballgame and actually part of my intent. The rest of my purpose is to explore my new found awareness of a certain part of reality, where that reality overlaps the misnomer of '
government' a.k.a. the
State. Hopefully, LEO-1 will still be my friend after this written discussion, because as I said to him in person, "
This may be your first time, but I'm not going to be gentle." His quizzical looks as I cackled with glee and rubbed my hands together like the proverbial used car salesman tells me he has no idea what he's in for.
I notice and appreciate that LEO-1 is being very
circumspect in his reply.
Well folks, it's time. On with the show.
"
First of all what state?"
What state?
The one you work in as a LEO of course. I expect you would be most knowledgeable of the state you work in.
I wasn't going to identify the state directly, but those in the know would have figured it out by the
FOID card requirement anyway.
Quote:
"
In Illinois there is no carry law and no civilian can carry.
You are also required to have an FOID CARD to own a gun."
And quote:
"
3. Free men do not ask permission to bear arms.
12. The United States Constitution (c) 1791. All Rights Reserved.
14. What part of 'shall not be infringed' do you NOT understand?
16. When you remove the people's right to bear arms, you create slaves."
So we very quickly get to the part I was laughing out loud about. There is a slight contradiction here, and a very big irony that an Illinois LEO would be the one that sent the
Firearms Refresher Course to me.
I notice that you did
not answer my question: "
What do you do if you know an otherwise non-criminal person who has no FOID card, carries concealed in your county?"
It is a perfectly reasonable question,
which you ignored.
As your friend, I'm going to say
it's a good thing for you that you didn't answer the question. It's a double binding question, highlighted in particular by what you did post in reply regarding Illinois gun law.
United States Constitution, Article 6 states:The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.That would cover your position as officeholder of the office of Deputy Sheriff. You are to be bound by oath or affirmation, to support the U.S. Constitution.
United States Constitution, Article 6 also states:, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."
This Constitution ... shall be the supreme law of the land." "[A]
nything in the Constitution or laws of any State to the contrary notwithstanding.".
This says: You have a legal obligation to obey the U.S. Constitution; You have a legal obligation to support the U.S. Constitution; You have a legal obligation to disobey any other Constitution or law that contradicts the U.S. Constitution. We'll get back to that.
Illinois State Constitution, Article 13, Section 3, states:OATH OR AFFIRMATION OF OFFICE
Each prospective holder of a State office or other State position created by this Constitution, before taking office, shall take and subscribe to the following oath or affirmation: "I do solemnly swear (affirm) that I will support the Constitution of the United States, and the Constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of [Deputy Sheriff]
to the best of my ability."You've been told twice, you are required to support the United States Constitution.
ILCS - Illinois Compiled Statutes.
55 ILCS 5/3‑6010.Oath of deputy. Each deputy shall, before entering upon the duties of his or her office, take and subscribe an oath or affirmation, in like form as is required of sheriffs, which shall be filed in the office of the county clerk.55 ILCS 5/3‑6004.Oath. He or she [the Sheriff]
shall also, before entering upon the duties of his or her office, take and subscribe the oath or affirmation prescribed by Section 3 of Article XIII of the Constitution, which shall be filed in the office of the county clerk of his or her county. 55 ILCS 5/3‑6015.Powers of deputies. Deputy sheriffs, duly appointed and qualified, may perform any and all the duties of the sheriff, in the name of the sheriff, and the acts of such deputies shall be held to be acts of the sheriff.55 ILCS 5/3‑6016.Sheriff liable for acts of deputy and auxiliary deputy. The sheriff shall be liable for any neglect or omission of the duties of his or her office, when occasioned by a deputy or auxiliary deputy, in the same manner as for his or her own personal neglect or omission. Clearly, what applies to the Sheriff, applies to the Deputies.
55 ILCS 5/3‑6005. Failure to give bond or take oath; vacancy. If any person elected or appointed to the office of sheriff, of any county, shall fail to give bond or take the oath required of him or her, within 30 days after he or she is appointed or declared elected, the office shall be deemed vacant.There is no office without an officer. There is no officer without an office. When an oath is violated, the officeholder disqualifies themselves from the office, effectively vacating the office and relinquishing all official immunity, power, and authority. From the point of violating the oath of office, the former officer is an impostor. This is serious, as the case of
US v. John Bad Elk will show when I post it.
There is a saying, "
Ignorance of the law is no excuse." If this legally sanctioned myth is correct, then as far as I am concerned, this goes triple for office holders given authority and responsibility to uphold and enforce the laws. How can you uphold the Constitution if you don't understand what you are upholding?
The Constitution is to be read and understood in the light of the Declaration of Independence.
The Declaration of Independence states:We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with inherent and unalienable rights; that among these, are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.Inherent in the right to Life, is the right to defend and protect it. Inherent in the right to Liberty, is the right to choose what tools, tactics, and techniques will be used to defend and protect one's Life.
United States Constitution, Amendment 2 states:A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. This very short sentence is packed with information, history, and context. I'll leave it to the reader to do the homework of reading the 107 page memorandum opinion for the attorney general found on the USDOJ web site and cited below. I have read it, and various other Liberty focused text, so I'll just sum up what the amendment means.
1. The right of the people to keep and bear arms is an individual right, just like the right of the people to engage in free speech, and right of the people to be secure in their persons, houses, papers, and effects.
2. The
right to keep arms means the right to own and possess arms.
3. The
right to bear arms means exactly that: The right to BEAR arms. The right to carry arms on or about one's person.
4.
The militia referred to
is citizens with their own arms,
not members of the national guard of any state bearing the state's arms.
5. There are several reasons that the right to keep and bear is individual and essential.
5a. To kill tyrants.
5b. To kill invading armed forces.
5c. To defend one's life.
5d. To defend one's liberty.
5e. To defend one's property.
5f. To acquire food to stay alive.
I'll be using my own definition of tyrant to quickly portray the concept:
A tyrant is a criminal who holds a State office and/or uses the office to make and use the law to make his criminal acts "lawful". Tyrants use law to take lives, liberties, and property.This pdf file is a long read. It is 107 pages. I have attached the file to this post in case the link gets broken in the future.
http://www.usdoj.gov/olc/secondamendment2.pdfhttp://www.justice.gov/sites/default/files/olc/opinions/2004/08/31/op-olc-v028-p0126.pdf
Quote:
"
In Illinois there is no carry law and no civilian can carry.
You are also required to have an FOID CARD to own a gun."
430 ILCS 65/6.Contents of Firearm Owner's Identification Card.
(a) A Firearm Owner's Identification Card, issued by the Department of State Police at such places as the Director of the Department shall specify, shall contain the applicant's name, residence, date of birth, sex, physical description, recent photograph and signature. Each Firearm Owner's Identification Card must have the expiration date boldly and conspicuously displayed on the face of the card. 430 ILCS 65/2.Firearm Owner's Identification Card required; exceptions.
(a) (1) No person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
(2) No person may acquire or possess firearm ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.720 ILCS 5/24‑1.Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly: (4) Carries or possesses in any vehicle or concealed on or about his person [...] any pistol, revolver, stun gun or taser or other firearm [...]
;or (10) Carries or possesses on or about his person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town [...]
any pistol, revolver, stun gun or taser or other firearm, [...]
720 ILCS 5/24‑1.6.Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly: (1) Carries on or about his or her person or in any vehicle or concealed on or about his or her person [...]
any pistol, revolver, stun gun or taser or other firearm; or (2) Carries or possesses on or about his or her person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, [...]
any pistol, revolver, stun gun or taser or other firearm; and (3) One of the following factors is present: (A) the firearm possessed was uncased, loaded and immediately accessible at the time of the offense; or [...]
(C) the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card; [...]
The above is a tyrant's dream come true.
The requirement to register as a firearm owner means the State may give or withhold permission to the Citizen's right to keep and bear arms. A right that one needs permission to exercise is not a right. Making a RIGHT into a privilege IS an infringement upon the Citizen's right, clearly in violation of the U.S. Constitution.
Let us set up a hypothetical situation and analyze it.
Suppose dispatch gets a 911call for violent attack in progress.
If nobody attends to the 911 call, or is late in arriving at the scene, and there was a battery that could have been prevented, does the victim have any chance of winning a lawsuit against the sheriff's department, the county municipality, or even you as the responding officer for failing to protect the victim?
If nobody attends to the 911 call, or is late in arriving at the scene, and there was a murder that could have been prevented, does the victim's kin have any chance of winning a lawsuit against the sheriff's department, the county municipality, or even you as the responding officer for failing to protect the victim?
I'll answer my own question:
745 ILCS 10/4‑102. Neither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide police protection service or, if police protection service is provided, for failure to provide adequate police protection or service, failure to prevent the commission of crimes, failure to detect or solve crimes, and failure to identify or apprehend criminals. This immunity is not waived by a contract for private security service, but cannot be transferred to any non‑public entity or employee. The answer is no. You, the county, or the Sheriff's department can not be sued for failure to protect the victim.
The Citizen is forced to rely on you for protection, yet if you fail to protect them, the courts will toss any lawsuits out.
By order of the politicians of the State of Illinois, a Citizen's right to protect themselves is hereby revoked.
By order of the politicians of the State of Illinois, a Citizen's right to sue when the state fails to protect the Citizen is hereby revoked.
By order of the politicians of the State of Illinois, Citizen's must get permission from the State to own a gun.
By order of the politicians of the State of Illinois, Citizen's must register themselves as a firearms owners so the State will know where to go to collect the guns when the State wishes to further violate the right to keep and bear arms more efficiently than what was done in New Orleans.
So now I'm going to modify that question I asked. The question now reads thus:
What do you do if you know an otherwise non-criminal person who has no FOID card, carries concealed in your county?
Do you violate the U.S. Constitution, or do you violate the law that is contrary to the U.S. Constitution?And remember, if you violate the U.S. Constitution, you violate your oath of office. When you violate your oath of office, you vacate that office, removing any authority you had as a Deputy Sheriff.
If you're still game after reading this, I've a few questions for you regarding the "authority" of the office of Deputy Sheriff.
