Monday, March 21, 2011

Send members of ATF to jail for violation of existing gun laws

When did the law change? I was a police officer for 11 years and in all that time I was never allowed to violate the law for an investigation. Since when did the ATF become higher than the law? We have laws on the books that prohibit the sale of guns under a myriad of conditions, and I am more than a little convinced that some of those laws covered the sale of firearms in large numbers to suppliers to drug cartels. I understand the onus is on the higher ups in ATF for ordering it’s agents to just monitor the sale and track the guns and not stop the sales, but if we can’t get the higher ups, then we as the little people should go after the agents themselves. If we can effectively prosecute the agents themselves for letting the guns go, in violation of the law then they will stop obeying unlawful orders from higher ups.

While the supreme court has not been willing to hear a case on disobeying an unlawful order, it has gotten to the court right below the supreme court . The military has since the Nuremberg Trials been required to disobey unlawful orders.

This needs to be pushed into the supreme court because we have law enforcement officers every day that are put into that position. I while working patrol was asked to stop all motorcycles leaving the bar to check for baffles in their exhaust pipes. I had just gotten out of the academy a few months before and had not yet made probation but it was one of the things we were taught in the academy. The law held that you could stop traffic with the purpose of vehicle inspections but could not single out a specific type of vehicles. Ie. You could stop every vehicle and inspect, every other vehicle, or every tenth vehicle etc. but you couldn’t just pull motorcycles over and let all of the other vehicular traffic pass. I was told in my academy that if I did that, then I could be charged with a crime. I’m beginning to see that the Federal Agencies seem to not have that limitation, I just saw an ATF agent give a report that says he was told to let guns be sold to suspected gun traffickers, in bulk, and even told store owners not to stop the sale (see fast and furious guns).

I don’t want to see the agents on the street go to jail but don’t you think we should hold our civilian law enforcement to the same standards as we hold our military to? And further don’t you think we should hold the US Justice Department to these same standards, as it appears they were complacent in those orders even if they didn’t issue them.

“The Uniform Code of Military Justice (UCMJ) 809.ART.90 (20), makes it clear that military personnel need to obey the "lawful command of his superior officer," 891.ART.91 (2), the "lawful order of a warrant officer", 892.ART.92 (1) the "lawful general order", 892.ART.92 (2) "lawful order". In each case, military personnel have an obligation and a duty to only obey Lawful orders and indeed have an obligation to disobey Unlawful orders, including orders by the president that do not comply with the UCMJ. The moral and legal obligation is to the U.S. Constitution and not to those who would issue unlawful orders, especially if those orders are in direct violation of the Constitution and the UCMJ.” (source;


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