The first example deals with a thug.. not a gov't agent
Sorry, but the way I see it, this "gov't agent" IS a thug.
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The first example deals with a thug.. not a gov't agent
The Constitution is quite clear - Thou shalt not take property without a warrant.
WRONG!The Constitution is quite clear - Thou shalt not take property without a warrant.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The first example deals with a thug.. not a gov't agent therefore the fourth amendment doesn't apply... pretty simple.
Sorry, but the way I see it, this "gov't agent" IS a thug.
Ok, can understand that aspect. But to think that the case may not revolve around the 4A is bit premature. There is an argument as to who has possession of said firearms, which is a clearly dealing with property, and the CLEO possibly coming in and obtaining property under unusual means and motives.
The fourth ammendment was set into place specifically to keep government agents in check.
WRONG!
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The fourth ammendment was set into place specifically to keep government agents in check.
Our politicians, police and government agents are so used to IGNORING the Constitution that HC seems to think he is right. I don't care what you think is being currently done by LE and the courts it is against the Constitutional rights of our citizens. You just ignore that fact and do it anyway.
Go back and read what was quoted and then go back and read the fourth amendment and get back to me.
The fourth ammendment was set into place specifically to keep government agents in check.
Correct... which is what I stated. The first example given was not about a Govt agent hence my reply.
You guys bitch about "criminals" who get off using loopholes in the law but use the same types of loopholes and Unconstitutional/illegal laws for your own benefit. Just because a state or federal law is created does not make it legal in the eyes of our Constitution and what was intended by the founders of this country.
MY issue is with the limits on that power that were very properly set in place over 200 years ago and seem (IMO) to be steadily dwindling away.
Thank you for the good services that you and you colleagues do, but at the same time, respect those limits and the reasons they were put in place.
I won't turn this into a LEO bashing thread but you prove the point most of us make about most LEOs...even when you are wrong you think you are right and push that on everyone else.
And another thing...your comparison of apples to apples in regards to the thug and government agency has no merit. The issue has NOTHING to do with whether or not it was a thug or a government agency that disregards a citizen's 4th amendment rights. The rights BELONG to that citizen and should not be infringed upon by any person, agent or agency. Plain and simple.
I believe you are wrong because according to what the OP has stated the chief told him he had a court order retrieve said firearms. He did not provide a court order that stated he was to retrieve them from OP's business directly...only from defendant. He used this ambiguous "court order" to threaten arrest or seizure of the OP for failure to comply to an order that was not issued against him or his business. I am aware that you state that you are not condoning this act by the chief and that is great. However, there is an issue of possession of firearms at a licensed FFL. If I were to purchase a non-MA compliant firearm out of state and have it shipped to an FFL from a seller unaware of the MA AG lists who would legally have ownership of this firearm? It can not be transferred to me. I have purchased and "own" this firearm but it is the FFL responsibility and has it in his possession. Wouldn't a court order to retrieve this firearm have to be filed against the FFL?What have I been wrong about that I have pushed on others?
Yes that is correct. Technically you have a point regarding the comparison. In this case, however, this CLEO acted more like a street thug hiding behind a badge. There are many out there.Umm.... the whole Constitution has to do with the actions of the "Government" . So comparing a street thug and a Government agent in the context of the 4th Amendment is quite relevant.
NEW BOSTON – The New Hampshire Firearms Coalition has taken aim at New Boston Police Chief Christopher L. Krajenka, claiming he improperly altered the state's license to carry application.
The nonprofit gun advocacy group has taken issue with a page on the New Boston Police Web site that asks applicants to provide the phone numbers of three references on the state's pistol and revolver license application. The instructions also prohibited the applicant's family members from serving as references.
The state application, which is available on the New Hampshire Department of Safety Web site, asks for the names and mailing addresses of three references, but does not ask for phone numbers. There is no language on the application barring family members from serving as references.
Early this week, the New Hampshire Firearms Coalition sent letters to all registered voters in New Boston, arguing that the town's license requirements went beyond those required by RSA 159:6, the state statute that allows local selectmen, mayors, police chiefs and designated police officers to issue pistol and revolver licenses.
Calls to the New Hampshire State Police Permits and Licensing Unit for clarification on the law were not immediately returned yesterday.
Jonathan Evans, an attorney and president of the New Hampshire Firearms Coalition, said alterations to the state's pistol and revolver application are not allowed under New Hampshire law.
"Once you allow a chief to amend a state application, then the amendments "¦ where does it stop? Do you need a DNA sample?" Evans asked. "You have to have uniformity. I remember living in Massachusetts, where each little town was its own fiefdom and a chief in one town may give you a license while the chief in another may not."
Chief Krajenka said yesterday the application was within the bounds of the law.
"We didn't add any stipulations," Krajenka said. "We ask for phone numbers to call the references. That's what we're supposed to do."
Krajenka declined to comment further.
On Wednesday afternoon, instructions prohibiting family members from serving as references had been removed from the New Boston Police Web site. Krajenka acknowledged the removal, and said he was previously unaware that the stipulation had been placed on the site.
The accusations against Krajenka come at a time of intense scrutiny for the chief, who has come under fire for the way he handled a Jan. 27 gun seizure at the Manchester Line Firing Range.
On Jan. 31, the New Hampshire Sunday News reported that Krajenka had seized nine guns from the firing range on a domestic violence order against a New Boston man. The firing range owner, Jim McLoud, has claimed that the guns were under consignment and belonged to him. McLoud has since filed a writ of replevin to have the guns returned to him.
The incident prompted the New Hampshire Firearms Coalition to denounce Krajenka's actions on its own Web site, and put a microscope on the chief.
"When we heard about that, we started looking into New Boston," said Alan Rice, the coalition's treasurer. "And quite frankly, the chief's a scofflaw."
The coalition's letter asks New Boston voters to bring their concerns about Krajenka to the New Boston Board of Selectmen.
"Chief Krajenka needs to be reminded that he is a servant of the people and not their master," the letter states. "He needs to know that he is subject to the rule of law just like everyone else."
A memo accompanying the letter asks voters to sign a petition that the coalition will send to the town's selectmen. The petition insists that Krajenka "change his ways and treat all residents with respect."
The memo also gives voters the option to make a donation to the coalition.
Dave Woodbury, chairman of the New Boston Board of Selectmen, declined to comment on the letter, which he had himself received in the mail.
"We're hearing accusations but at this point in time I don't know what the true facts are," Woodbury said.
Woodbury said a March 1 Board of Selectmen's meeting will serve as a forum on Krajenka, who is also facing a resident-led petition to have him removed as police chief.
"It will be for anyone who wants to say something positive, negative, or in-between about the chief," Woodbury said.
Sounds like there is going to be a little party in New Boston. Wonder how many residents will attend.So, is this filthy little POS Gemme Mini-Me feeling the heat yet? And, where's that POS RP at?
http://www.unionleader.com/article.aspx?headline=Chief+in+crosshairs+of+firearms+coalition&articleId=8db07327-69ec-442b-a239-fa83f833f136Woodbury said a March 1 Board of Selectmen's meeting will serve as a forum on Krajenka, who is also facing a resident-led petition to have him removed as police chief.
"It will be for anyone who wants to say something positive, negative, or in-between about the chief," Woodbury said.
If he comes out on top of this, it will go right to his head you know. Things could/would get worse in that nice little town.
This guy sounds like he has some serious issues. Did daddy beat him as a child? Or was he bullied around as a child? He seems to push people around through the abuse of his power.
I'd love to see this guy in real life and see how he fairs in social interactions. I'm sure it's just about as sick as it gets.
Quippy sound bite that sounds good in Robert Parker Novels, but in my experience does not reflect reality.It is said that there is a fine line between cop and criminal.