Washington Gun Law (a lawyer) weighs in on the Minnesota shooting - Kotaku In Action 2

Washington Gun Law (a lawyer) weighs in on the Minnesota shooting (www.youtube.com)

posted 145 days ago by ApparentlyImAHeretic 145 days ago by ApparentlyImAHeretic +33 / -0

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– 70thLike 5 points 144 days ago +5 / -0

The more clever move from those sociopaths on the left would be to label the agent as not being a police officer because he's not licensed by their state as one. In California, federal agents can't technically carry off duty, because only peace officers can, which federal law enforcement is not considered, per the penal code sections that define peace officers. Something in the PC 830 area, but I don't remember the exact code.

If they did this, they could say that the agent had the duty to retreat, like a non-cop has. The prosecute.

That being said, I'm pretty sure the federal courts can also take this case away from the state, and rule this as a qualified immunity shooting.

What would be fucked is if it's not ruled as qualified immunity, the federal judge doesn't protect the agent, and the state uses the loophole to prosecute, and Trump's pardon would be irrelevant at the state level. Should be a great "get the poors to fight" type of situation, all around.

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– Wizardslayer 4 points 144 days ago +4 / -0

That seems to be the liberal talking point right now that ICE agents aren't actually police.

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– 70thLike 3 points 144 days ago +3 / -0

They're factually wrong, but correct that they aren't Minnesota police officers. Which would only become legally relevant in my above scenario.

But after posting this, a lawyer told me that the agent would have a legal right to move any case against him to federal courts, so that loophole I mentioned could only work against him if he wanted it to.

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– ernsithe 2 points 143 days ago +2 / -0

Seems California went and did something even more Californian. AB 1440:

...(a)California is experiencing a new reality under the current federal administration, with particularly concerning tactics and strategies being employed by the United States Immigration and Customs Enforcement (ICE) in the enforcement of federal immigration orders.

(b)The concerning tactics and strategies include ICE officers misrepresenting themselves as peace officers or police officers to persuade and compel friends, family members, and associates of suspected undocumented immigrants to reveal information about, or the whereabouts of, a suspected undocumented immigrant.

(c)These tactics undermine the trust and faith Californias local law enforcement works to develop with local communities every day to provide for the publics safety.

(d)Additionally, ICE officers are not trained as California peace officers, they are not required to undergo the rigorous training required to become a California peace officer, and the training received by ICE officers in the course of their official duties is not as comprehensive as, and thus not equivalent to, the training required to be a California peace officer.

(e)As a result, California must take any and all necessary actions to disassociate the actions of ICE officers with those of state and local peace officers, make it clear that federal immigration officers are not California peace officers, and appropriately ensure the public knows the difference.

SEC. 2.Section 830.85 is added to the Penal Code, immediately following Section 830.8, to read:830.85. Notwithstanding any other law, United States Immigration and Customs Enforcement officers and United States Customs and Border Protection officers are not California peace officers.

They really need to start charging that state's lawmakers.

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– 70thLike 1 point 143 days ago +1 / -0

They really should. Especially considering the requirements for California peace officers is actually lower than for ICE agents, in terms of training. About 2 months less.

Also, it's pointless wording. No federal law enforcement officer would be a state law enforcement officer.

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