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Dear CNN: 5k Illegals Busted On The Border Had Serious Criminal Records – Is That ‘News?’

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H/T Clash Daily.

Here is five thousand reasons we need border security and the wall.

The people who are demanding that unvetted people be released into America aren’t citing stats or stories like this one… why is that, do you think?

They’re not fake news, right? They’re interested in facts, not agendas, right?

If that were actually true, they would not shy away from stories like this one.

Hundreds of gang members and more than 5,000 convicted criminals were arrested trying to sneak back into the U.S. in just eight months.

They included 505 confirmed members of violent groups MS-13, 18th Street gang, and the Mexican Mafia hoping to rejoin their organizations.

Last week six violent criminals were detained for deportation after crossing the border, including a convicted murder and pedophile.

These are the ‘Dreamers’ with a spark of divinity that Trump must not call ‘bad hombres’.

Good people, coming for a new life… you say?

Five. Thousand. CONVICTS. – CAUGHT trying to sneak in.

We don’t know how many succeeded.

These are the sort of people protected by sanctuary cities.

These are the people ICE protect us from.

These are the people a Wall would be designed to keep out.

But Democrats like Maxine Waters or Corey Booker do not wish to take this issue seriously.

At all.

Because they see illegal immigrants as a political opportunity to exploit… both for the identity politics angle, plus the expectation that illegals will eventually be Dem supporters, directly or indirectly.

But don’t expect this to be the lead story on CNN or Rachel Maddow’s show any time soon.

CNN — all the news that’s fit to flush.

Are you tired of the fake news that spews forth from CNN and the lame-stream media? Well, you don’t have to put up with their crap anymore! Clash Daily is proud to release a very special brand of toilet paper!

Send to your liberal friends so that they can wipe their minds clear of the waste produced by the Communist News Network!

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California Supreme Court Upholds ‘Impossible’ Gun Control Law

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H/T Breitbart California.

Hopefully this law can be overturned.

The Supreme Court of California upheld a micro-stamping requirement for semiautomatic handguns Thursday — even though the technology does not exist to allow manufacturers to comply.

The Associated Press summed up the court’s ruling: “The California Supreme Court says state laws cannot be invalidated on the grounds that complying with them is impossible.”

Juliet Williams

@JWilliamsAP

SAN FRANCISCO (AP) — In ruling on bullet-stamping law, California Supreme Court says state laws cannot be invalidated on the grounds that complying with them is impossible.

The micro-stamping requirement, or “bullet stamping law,” as it is sometimes called, requires that semiautomatic handguns sold in California have a special, one-of-kind marker affixed to their firing pins so a special fingerprint is left on each spent shell casing. The idea is to give law enforcement a means to take shell casings from a crime scene and trace them back to the firearm’s owner.

Many problems exist with this proposed scenario. First, the technology does not exist. No manufacturer who is importing guns into California makes a firearm that puts a special mark on spent shell casings.

Second, if the technology did exist, it would easy to defeat by simply scratching the mark off the firing pin or replacing the factory firing pin.

Third, an even easier way to defeat it would be to use a revolver instead instead of a semi-automatic. (Revolvers do not leave behind spent shell casings).

On April 5, 2018, the Los Angeles Times’ Daily Pilot addressed the micro-stamping requirement, noting that “the technology is wholly unreliable and prohibitively expensive.” The Pilot noted, “Each time a gun is fired, it wears slightly, leaving a micro-stamp unreadable after a short period of normal use.”

In sum, micro-stamping technology is theoretical at best, yet California’s highest court did not see this as grounds for dismissing the law.

Over Six Hundred Individuals Charged in Largest Ever Health Care Fraud Enforcement Action

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H/T The Washington Free Beacon.

There are hundreds if not thousands of other people that need to be charged with fraud.

Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex Azar announced that 601 individuals are being charged in the largest ever health care fraud enforcement action.

The indictment includes 165 doctors, nurses, and other licensed medical professionals, who allegedly participated in fraud schemes amounting to more than $2 billion in false billings. One hundred and sixty-two of the defendants were charged “for their roles in prescribing and distributing opioids and other dangerous narcotics,” according to a press release by the Department of Justice.

“Health care fraud is a betrayal of vulnerable patients, and often it is theft from the taxpayer,” said Attorney General Jeff Sessions. He continued,

“In many cases, doctors, nurses, and pharmacists take advantage of people suffering from drug addiction in order to line their pockets. These are despicable crimes.… Today the Department of Justice is announcing the largest health care fraud enforcement action in American history.  This is the most fraud, the most defendants, and the most doctors ever charged in a single operation—and we have evidence that our ongoing work has stopped or prevented billions of dollars’ worth of fraud.

“Through investigations across the country,” added FBI Deputy Director David L. Bowdich, “we have seen medical professionals putting greed above their patients’ well-being and trusted doctors fanning the flames of the opioid crisis.”

The opioid crisis has affected millions of people in the United States. In 2016, 116 people died every day from opioid-related drug overdoses, and over eleven million people misused prescription opioids.

“It takes a special kind of person to prey on the sick and vulnerable as happened in many of these health care fraud schemes,” said Deputy Chief of IRS Criminal Investigation Eric Hylton. “Medical professionals and others callously placed individuals and vital healthcare services in harm’s way simply because of greed.”

Labor Watchdogs Expect Resistance From Gov. Unions

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H/T The Washington Free Beacon.

These union thugs will not stand idly by and watch these source of income dwindle away.

They need more and more members to shaked down with ever increasing union dues. 

Groups gear up to educate public-sector workers on Court ruling ending mandatory union fees.

The Supreme Court may have declared mandatory union fees from public-sector workers unconstitutional, but labor watchdogs and management attorneys expect the battle over paycheck deductions to continue.

On Wednesday the Supreme Court declared policies that coerced public-sector workers to pay dues or fees as a condition of employment an unconstitutional violation of the First Amendment. The case, Janus v. American Federation of State, County, and Municipal Employees, overturned a decades-old practice justices had previously sanctioned under its 1977 Abood decision.

“Forcing free and independent individuals to endorse ideas they find objectionable raises serious First Amendment concerns … employees must choose to support the union before anything is taken from them,” Justice Samuel Altio said in the 5-4 ruling. “The State’s extraction of agency fees from nonconsenting public-sector employees violates the First Amendment.”

The opinion on forced dues may have been unsparing in the Court’s view, but those with experience in federal labor law expect the legal battle to continue. Todd Lyon, a management-side attorney at Fisher Phillips LLP who has represented government agencies during negotiations with AFSCME in the past, said he has already seen public-sector unions attempting to preserve payments they call “fair share fees” from dissenting workers. Four states with heavy union membership rates, New Jersey, New York, California, and Washington, passed laws that would hinder union withdrawal or allow unions to withhold representation of nonmembers despite federal law mandating equal representation for any union with a monopoly over a workplace. Even barring state laws, some local unions are attempting to insert language in their contracts that will limit employees’ ability to halt their payments, according to Lyon.

“What I’m seeing is that the unions have done a number of things even at the bargaining table to address their concerns, to minimize the ability of employees to become fair share deductors and minimize their ability to withdraw,” Lyon told the Washington Free Beacon. He expects the decision to usher in numerous lawsuits from workers accusing unions and their employers of wrongfully siphoning off dues money from their paychecks, as well as complaints from unions claiming that employers are depriving them of funds.

“Unions are going to file grievances for improperly ceasing deductions, and we’re going to see employees sue or file claims against the union for withholding money from their paychecks,” Lyon said.

Labor watchdogs are launching campaigns to inform workers of their rights under the Janus decision in the hopes of avoiding future conflicts. On Thursday, the National Right to Work Foundation, which represented the Illinois workers at the center of the case, launched a new website, MyJanusRights.org, to inform public-sector workers of their ability to opt out of union dues and fees. The site provides legal resources about withdrawing support for labor unions, as well as information about filing a complaint if workers continue to see union fees docked from their paychecks.

“All public employees nationwide, including teachers, police officers, firefighters, and state, county and city employees, are protected by the First Amendment from being forced to subsidize any union activity without their clear and affirmative consent,” the site says. “If you are already a union ‘fee-payer’ your fees should automatically end.”

Other groups are also doing worker outreach to explain the ruling to public-sector employees. Akash Chougule, policy director for Americans for Prosperity, said Janus would enhance the speech rights of employees, but only if they are aware of the Court decision. The AFP Foundation is partnering with the Michigan-based Mackinac Center for Public Policy to spread the word among the rank-and-file government workers. Mackinac has committed $10 million to the campaign.

“The Court’s decision will protect free speech and expand worker freedom across the country,” he said in a statement. “More than five million public school teachers, firefighters, police officers, and other public employees will not be forced to unwillingly fund political speech.”

Did MS-13 Bury Murdered Boy in Shadow of US Capitol?

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H/T Town Hall.

Once again MS-13 is proving President Trump was right when he called them animals.

It happened in an otherwise peaceful park, along a beautiful stream, flowing down to a famous river — the Potomac.

In fact, the stream-side park lies just across the road from a neighborhood that has been home to an attorney general, a future Republican presidential nominee, a Democratic White House chief of staff and a liberal justice of the Supreme Court.

The boy’s mother, according to reports by The Washington Post and Washington’s local NBC affiliate, said he left their apartment — “in his pajamas,” as the Post noted — to drop some trash in a dumpster. But he did not come back.

That was Sept. 26, 2016.

About six weeks later, with 14-year-old Sergio Triminio still missing, police arrested an MS-13 gang member, according to an affidavit that an FBI officer submitted to the U.S. District Court for the Eastern District of Virginia.

He went by the nickname “Lil Sicario” — and he had his cellphone on him. It contained a hideous video.

“In the suspected murder video, the victim can be seen lying face down on the ground while multiple subjects are striking the victim with weapons, including a kitchen knife and a machete,” says the FBI affidavit.

“In the video, the victim is wearing plaid boxer shorts and multi-colored pajama pants,” it says. “A close-up of the victim shows that a piece of the victim’s scalp has been sliced away by a sharp object. During the attack, the assailants are heard speaking in Spanish. The video lasts approximately 52 seconds, ending while the attack is still underway. After reviewing the video, Fairfax County detectives suspected that the victim in the video was either Triminio or another individual recently killed in a suspected MS-13 murder.”

About three and a half months after that, on the last day of February 2017, according to the FBI affidavit, an “individual known by law enforcement to have ties to the MS-13 gang … advised a Fairfax County detective that he knew where two bodies were buried.”

This “confidential source” — or CS-1, as the affidavit calls him — brought the police to the Holmes Run Stream Valley Park.

This park, a densely wooded ravine, sits directly across Columbia Pike from the Lake Barcroft neighborhood — former home to LBJ’s Attorney General Ramsey Clark, RNC Chairman Bob Dole, Clinton Chief of Staff John Podesta and Supreme Court Justice Thurgood Marshall.

The park is figuratively — if not literally — in the shadow of the Capitol. If you drive down Columbia Pike to the 14th Street Bridge, it is about 9 miles to the Supreme Court and a little less than that to the office buildings of the U.S. House of Representatives.

Along the way you will pass the Jefferson Memorial, where an inscription says: “all men are … endowed by their Creator with certain inalienable rights.”

On March 1, 2017, the FBI joined local police in searching for the two bodies CS-1 said were in the park.

They found them. “Among one set of remains, officers found plaid boxer shorts, multi-colored pajamas, and a kitchen knife,” says the affidavit. “These items of clothing were similar, if not identical, to those worn by the victim in the aforementioned video,” it says. “The recovered kitchen knife also appeared to be the same one law enforcement observed in the aforementioned video.”

A pathologist confirmed that this was Sergio and that he had been murdered.

Then the confidential source unloaded.

“CS-1 told investigators that he was present for Triminio’s murder,” says the affidavit.

“According to CS-1, several MS-13 members and associates stabbed Triminio with knives and also struck him with a machete and pick axe,” it says.

“CS-1 told investigators that Triminio’s murder was recorded on video and sent to ‘Lil Sicario,’ who approved the murder,” says the affidavit.

Why does the FBI think they did it?

“Investigators have obtained evidence indicating that Triminio was an associate of the international street gang, La Mara Salvatrucha, also known as MS-13, and that Triminio was murdered by other MS-13 members and associates because they believed he was cooperating with law enforcement,” says the affidavit.

An indictment was unsealed last week in the U.S. District Court. The U.S. attorney’s office said in a press release that it alleges that 10 men “conspired together and with others to lure a 14-year-old male to the same park in Fairfax County where he was attacked and killed because he was thought to be cooperating with law enforcement.”

The U.S. attorney said that El Salvador was the “country of origin” for all 10 men. Six of them, according to the U.S. attorney’s press release, are now only 20 years old — meaning they were 18 when the alleged murder occurred.

Sergio Triminio, whom The Washington Post reported “was born in Honduras,” was denied his God-given right to life before he had lived even that long.

 

Criminal Behavior, Not Racism, Explains ‘Racial Disparities’ in Crime Stats

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H/T Town Hall.

Larry Elder is spot in with his observations but these facts will not stop the drive by media and the race baiters from screaming racism.

A new study on racial disparities in police conduct found that differences in offending by suspects, not racism, explains officers’ responses.

In the study “Is There Evidence of Racial Disparity in Police Use of Deadly Force?” professors from Michigan State and Arizona State universities analyzed officer-involved fatal shootings in 2015 and 2016. The report’s abstract says: “We benchmark two years of fatal shooting data on 2016 crime rate estimates. When adjusting for crime, we find no systematic evidence of anti-black disparities in fatal shootings, fatal shootings of unarmed citizens, or fatal shootings involving misidentification of harmless objects… Exposure to police given crime rate differences likely accounts for the higher per capita rate of fatal police shootings for blacks, at least when analyzing all shootings. For unarmed shootings or misidentification shootings, data are too uncertain to be conclusive.”

Two recent studies found cops more reluctan to use deadly force against blacks, including one by a black Harvard economist. Professor Roland G. Fryer Jr. concluded: “On the most extreme use of force — officer-involved shootings — we find no racial differences in either the raw data or when contextual factors are taken into account.”

But aren’t blacks routinely “racially profiled” by cops? Not according to the Police-Public Contact Survey. Produced every three years by the Department of Justice’s Bureau of Justice Statistics, the survey asks more than 60,000 people about their interactions with the police. It asks respondents’ to provide age, race and gender. It asks them whether they had any contact with the police in the last year; what was the experience like; how were your treated; was there a use of force and so on. Turns out, according to a September 2017 National Review article, black men and white men are about equally likely to have a contact with a cop in a given year. As to multiple contacts, defined as three or more with the police in a given year, 1.5 percent of blacks vs. 1.2 percent of whites fall in that category. Not much difference.

There’s also the National Crime Victimization Survey, which questions victims of crimes, whether or not the criminal was captured, as to the race and ethnicity of the suspect. It turns out that the race of the arrested matches the percentage given by victims. So unless victims are lying about the race of their assailant, unconcerned about whether he gets caught, blacks are not being “over arrested.”

A reasonable discussion about blacks and police practices cannot take place without acknowledging the disproportion amount of crime committed by blacks. According to the Department of Justice’s “Felony Defendants in Large Urban Counties, 2009,” in the country’s 75 largest counties, blacks committed 62 percent of robberies, 45 percent of assaults and accounted for 57 percent of murder defendants.

The No. 1 cause of preventable death for young white men is accidents, such as car accidents. The No. 1 cause of preventable death for young black men is homicide, usually committed by another young black man, not a cop. In 2016, according to the latest data from the FBI’s Uniform Crime Report, 7,881 blacks were killed.

The courageous Manhattan Institute’s Heather Mac Donald, who writes extensively about police practice, asked: “Who is killing these black victims? Not whites, and not the police, but other blacks. In 2016, the police fatally shot 233 blacks, the vast majority armed and dangerous. … Contrary to the Black Lives Matter narrative, the police have much more to fear from black males than black males have to fear from the police. In 2015, a police officer was 18.5 times more likely to be killed by a black male than an unarmed black male was to be killed by a police officer.”

In 2012 in the city of Rialto, California, population approximately 100,000, cops were randomly assigned body cameras based on their shifts. Over the next year, use-of-force incidents on the shifts that had cameras were half the rate of those without cameras. But something rather extraordinary also happened. Complaints against all Rialto police officers with were down almost 90 percent from the prior year.

It turns out when civilians knew they were being recorded, they — not the cops — behaved better and stop making false accusations. The use of force by cops also declined, but, again, not because the police changed their conduct. No, the cops continued performing as they’d been trained. Civilians, aware that they were being taped, were less confrontational and were more likely to cooperate and follow instructions. As a result, cops needed to use force less frequently.

Still, when actor Jesse Williams gave a four-minute rant at the 2016 BET Awards about what he considered racist police practices, he claimed, “What we’ve been doing is looking at the data, and we know that police somehow manage to de-escalate, disarm and not kill white people every day.”

Immigration Judge Bashed Republicans From Bench

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H/T The Washington Free Beacon.

Immigration Judge Carmene “Zsa Zsa” DePaolo needs to be removed from the bench and disbarred for these comments.

Judge advocated for Hillary Clinton, claimed GOP will ‘deport everybody’ during deportation hearing.

The U.S. Office of Special Counsel filed a Hatch Act violation against a federal immigration judge for voicing her support for Hillary Clinton and denouncing Republicans from the bench.

The independent prosecutorial office recommended disciplinary action against Carmene “Zsa Zsa” DePaolo, an immigration judge for the Department of Justice, for her comments during an open hearing for an illegal immigrant facing deportation charges.

“OSC alleges that DePaolo violated the Hatch Act when she promoted then-presidential candidate Hillary Clinton’s plan for immigration reform during a deportation hearing over which DePaolo was presiding in March 2016,” the office said Wednesday.

DePaolo advocated for Hillary Clinton’s campaign and a Democratic takeover of Congress from the bench during the hearing.

“According to the complaint, the respondent at the hearing was facing deportation and a subsequent 10-year bar on reentry into the United States, which DePaolo called ‘a pretty harsh thing’ that Clinton intended to change, provided ‘the Senate becomes a Democratic body and there’s some hope that they can actually pass immigration legislation,'” the Office of Special Counsel said.

“DePaulo said the Republicans, on the other hand, ‘aren’t going to do anything’ about immigration ‘if they can help it,’ other than to ‘try to deport everybody,'” the office said. “The hearing was open to the public.”

Special Counsel Henry J. Kerner said DePaolo’s comments were a clear violation of the Hatch Act, which bars federal employees from engaging in political activity from their public office.

“When a federal immigration judge in a public setting uses her position to advocate for partisan campaign outcomes, that’s a real problem,” Kerner said. “Judge DePaolo appears to be in clear violation of the Hatch Act and we believe she should face significant disciplinary action.”

The office said the violation could result in “demotion, suspension, removal from employment, and debarment.”

New Jersey Democrat Wants To Increase Penalties For Trying To Obtain Guns Illegally

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H/T Bearing Arms.

Instead of passing new gun laws just enforce the ones on the books now.

Folks on this side of the gun debate tend to point out that there are already laws on the books to keep guns out of criminal hands, they only need to be enforced. People on the other side tend to ignore that and want to create even new laws that can be ignored.

However, a Democrat in New Jersey is making a proposal that’s probably not going to send gun rights activists into a frenzy. Don’t believe me? I don’t mind, I wouldn’t believe me either.

But it’s true.

You see, he wants to up the penalties for laws already in place.

State Sen. Troy Singleton has introduced two gun bills to increase the punishment of people who either steal guns or illegally solicit someone to purchase a firearm for them.

Singleton, D-7th of Palmyra, introduced the measures Monday, saying they send a message of “zero tolerance” to criminals who attempt to illegally obtain a gun in New Jersey.

His first bill would make it a third-degree crime punishable by between three and five years in prison to solicit another to buy a gun for someone disqualified from possessing or purchasing one.

These types of “straw purchases” are a common tactic of gun traffickers, who are frequently the source of firearms used in crimes in New Jersey.

During the first quarter of 2018, 77 percent of the guns recovered from crimes in New Jersey were traced and found to have come from another state, according to the New Jersey State Police.

In addition, the legislation mandates that the penalty for soliciting a straw purchase cannot be merged with the penalty for a related or unrelated crime.

Of all the proposals I’ve seen come out of New Jersey, this is one I don’t mind.

Not that I expect it to make a damn bit of difference. After all, part of the problem we currently have isn’t a lack of penalties but a lack of enforcement as a whole. Adding penalties won’t matter unless people are actually prosecuted.

If this were to accompany stricter enforcement, then so much the better. Otherwise, it’s a waste of time.

But, as wastes of time focused on “gun crime” go, it’s hardly the worst one. After all, we all tend to agree that we don’t want armed criminals. We also tend to agree that criminals get guns from one of two places. They either get them through straw purchases or they obtain stolen guns, either by stealing them themselves or by buying them off the black market.

This proposal takes aim at both of those while doing nothing to hurt law-abiding gun owners.

Frankly, this is what we’ve been asking for. I’m amazed that it’s come from a Democrat, truth be told, but it is what it is.

However, I’d also advise state Sen. Singleton to also make sure this measure goes hand-in-hand with the strict prosecution of those who try to buy guns through straw purchases. If that happens, it will do a fair bit to help on that front.

I’m not sure there’s much you can do to stop people from stealing guns, truth be told, but I can at least appreciate the effort.

Women Gathered on Capitol Hill to Promote Gun Rights

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H/T AmmoLand.

The drive by media will give little or no coverage to these women being on Capitol Hill but the drive bys would be all over Shannon Watts and her band of harpies.

 

WASHINGTON DC – -(Ammoland.com)- The DC Project completed its annual trip to the nation’s Capitol this past week. More than 50 women and girls in 11 teams met with members of Congress over 4 days. This marks the third year for the women to meet with their legislators to reveal their stories and safeguard their Second Amendment rights.

The DC Project is a nonpartisan initiative to bring 50 women, one from each state, to Washington to dispel common myths and garner support for gun rights. The project is the brainchild of Dianna Muller, retired law enforcement officer turned professional 3-gun competitor, who just represented the USA in the IPSC World Shotgun match, where she brought home individual silver and team gold medals. In 2016 Muller met with her legislator and wanted to encourage other women to do the same, so she asked colleagues in the shooting community to join her.

Robyn Sandoval, Executive Director of A Girl & A Gun Women’s Shooting League, has joined Muller on all three trips to DC.

“When women and students make demands against our freedoms, it is important that our legislators know that those protestors do not speak for everyone,” says Sandoval.

“We have more women than ever before wanting to exercise their Second Amendment rights to protect themselves and their families. We have youth who are dedicated to their marksmanship sports. Our lawmakers need to know our stories.”

Each DC Project delegate funded her own trip in this truly grassroots initiative.

Participants’ schedules included meetings with Senate and House members and staffers, networking gatherings, and a rally on the U.S. Capitol grounds, featuring legendary advocate Dick Heller, 16-year-old Beth Walker of Indiana, 15-year-old Chloe Deaton of Florida, and Virginia House Delegate Nick Freitas. The schedule also included two range days for members of Congress and staff to meet with DC Project instructors to experience the culture of the shooting community and learn more about firearms.

Learn more at AGirlandAGun.org/dc-project

A Girl & A Gun Women's Shooting LeagueAbout A Girl & A Gun

A Girl & A Gun (AG & AG) is a membership organization whose events have been successful stepping stones for thousands of women into the shooting community and fostered their love of shooting with caring and qualified instructors to coach them. AG & AG breaks barriers for women and girls in the area of self-defense and in pistol, rifle, and shotgun shooting sports by welcoming beginners to learn the basics of safe and accurate shooting and providing experienced shooters with advanced-level opportunities. The club has more than 5,500 members in 48 states and hosts recurring Girl’s Nights Out at more than 160 ranges throughout the nation.

Miami Beach Police Detain Legal Open Carriers, Chill First Amendment

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H/T AmmoLand.

The city of Miami Beach police have always been pretty badge heavy and enjoyed pushing people around.

 

Arizona -(Ammoland.com)- On June 24, at about 10 a.m. citizens peacefully openly and legally carrying holstered pistols were detained by police for two hours. The police closed the pier where the Second Amendment activists were fishing.

The legal open carriers were eventually released and allowed to continue their activities. However, police remained at the scene and actively discouraged other members of the public from making contact with the Second Amendment activists. From miamiherald.com:

Police reopened the pier, but left a couple of officers there and stated, “We are encouraging visitors to use other portions of South Pointe Park.”

The men cited Florida Statute 790.25(3), the (h) subsection of which allows openly carrying a gun by “person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition.” They came prepared with a print out of the statute.

The action is almost certain to result in a lawsuit or lawsuits against Miami Beach for numerous violations of Constitutional rights.  From local10.com:

Eric Friday, general counsel for Florida Carry, said the men were held by police for two hours and had guns drawn on them.

“Overreaction would be an understatement, but I do believe they overreacted,” Friday said.

Friday said his group planned to take legal action against the city for how the police handled the situation.

If you look at the image from  local10.com, you can see that at least one Second Amendment activist was wearing a body camera. He appears to be in restraints.

The group associated with the event, Florida Carry, is a well managed resourceful, and experienced Second Amendment group. They have won several settlements in Florida courts. It is likely that more than one video camera was recording events. Florida Carry had this comment on its Facebook page:

The illegal attack on our members by the Miami Beach PD is a developing incident. We are pouring every necessary resource in to this incident.

Most of the news coverage of the police action says the Second Amendment activists were “briefly detained”. Two hours is not “briefly detained”. There is considerable court precedent about the definition of “briefly detained”. It is less than 10-20 minutes.

In this case, there was no probable cause. There was no reasonable suspicion. Open carry demonstrations while fishing have been ongoing in Florida for several years, and have been widely publicized.

The use of police resources to actively persuade members of the public to avoid contact with open carriers is an important twist to this event .

Open carry demonstrations are powerful, protected, symbolic speech. The stated purpose of the demonstration was to exercise First Amendment rights to protect and advance Second Amendment rights.

The Miami Beach Police used their police power to directly chill the exercise of the First Amendment, without any legal reason to do so.

This will not end well for Miami Beach.

Florida remains one of the five states where open carry of pistols is generally prohibited in public by state law. There are a few exceptions, such as open carry while camping or fishing or while in transit to and from such activities.

General open carry, is legal in 45 states. It has been stalled in the Florida legislature for the last few years through underhanded defections by Republicans and through machinations of the Republican leadership.  Those Republicans tend to lose their seats.

Eventually, I expect open carry to pass in Florida. There is no valid reason for it to be illegal.

There is one invalid reason. Open carry makes a loud, clear, political statement: the Second Amendment is real, and it means something.

Those who wish a disarmed population find that statement insufferable.

©2018 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch

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