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Re: Gun-unfriendly San Antonio?
Posted: Tue Apr 21, 2015 2:41 pm
by mojo84
Did the person arrested file an official complaint with the police department, Texas Attorney General and his state reps? If so, what was the outcome? If not, why not? Has he sued the city? If there is "lottery" winnings to be had, I'm sure he won't have a hard time finding an attorney to take his case on contingency?
I can tell you, I have had encounters with SA cops that knew I was carrying a loaded gun on my person that didn't have a problem and didn't say anything. Well, except one, he said, "I'll won't show you mine if you won't show me your's". My response, "fair enough, it's a deal".
Re: Gun-unfriendly San Antonio?
Posted: Tue Apr 21, 2015 4:04 pm
by Jungle Work
Mojo,
If I was the young man, I wouldn't file a complaint with the Police or the City.
I'd have my attorney file a Law Suit with the Federal District Court in the District San Antonio is in. I'd be contacting someone like Mr. Cotton.
I'd also make a Civil Rigths complaint to the FBI.
Mojo, If you read the articles you already know where the Chief of Police stands on enforcing that law.
What the kid has done I have no idea. What the City of San Antonio does concerns me more.
Jungle Work
Re: Gun-unfriendly San Antonio?
Posted: Tue Apr 21, 2015 4:18 pm
by mojo84
Jungle Work wrote:Mojo,
If I was the young man, I wouldn't file a complaint with the Police or the City.
I'd have my attorney file a Law Suit with the Federal District Court in the District San Antonio is in. I'd be contacting someone like Mr. Cotton.
I'd also make a Civil Rigths complaint to the FBI.
Mojo, If you read the articles you already know where the Chief of Police stands on enforcing that law.
What the kid has done I have no idea. What the City of San Antonio does concerns me more.
Jungle Work
Like I said, if there was a "lottery" there to be won, I believe it would be pursued. In fact, it may be and we just don't know.
I have a feeling many cities and counties have outdated ordinances on the books that haven't been removed or modified to conform to current law.
Re: Gun-unfriendly San Antonio?
Posted: Sat Apr 25, 2015 3:41 pm
by srothstein
Jungle Work wrote:Mojo,
If I was the young man, I wouldn't file a complaint with the Police or the City.
I'd have my attorney file a Law Suit with the Federal District Court in the District San Antonio is in. I'd be contacting someone like Mr. Cotton.
I'd also make a Civil Rights complaint to the FBI.
This is very close to what I would do. I would add one specific factor that is not mentioned. I would NOT sue the city over this. The city has money and would probably settle.
If you want change, I would sue the officers themselves, as individuals and not as police officers. I would also file federal criminal civil rights charges against them. It is only when officers are held responsible for their actions that we will see officers changing their behavior. Suing them as individuals makes it much harder for the city to defend them and the settlement comes out of their pocket. You won't get much, but the officer will never do this again, and will communicate that to many other officers.
Remember that it is only a civil rights violation if it is clear and settled law. I believe that the preemption law has been tested in appeals already, making it settled law. Officers can be held responsible for obeying it after that. And, having been a member of that department, I know for a fact that the preemption laws were covered in training back in the mid-90s. I don't know if they have been covered for the newer officers. If not, you can later sue the city for failure to train, or they can.