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Competition, Tactics & Training
Self Defense & Handgun Carry
Guy (OC) carries i TN ak pistol gets detailed 2009
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<blockquote data-quote="Glocktogo" data-source="post: 1972433" data-attributes="member: 1132"><p>I see where you're going, but fail to see the prevalence aspect. We've yet to see a single report of an officer drawing on someone juggling bats. Were an officer to do so and able to offer an reasonably articulated argument for the act, I'd expect the subject wouldn't be charged, but the officer to have qualified immunity remain intact just the same. There's a wide margin between a prosecutable offense and removal of qualified immunity. In most loss of qualified immunity cases, willful disregard and intent to deprive are factors, neither of which are present in this case. </p><p></p><p></p><p></p><p>Your all or nothing argument is not conducive to good public policy. Both the 1st & 2nd have limitations. Google Paul F. Little if you dont believe me. </p><p></p><p></p><p></p><p>As with qualified immunity, theres a wide margin between nihilism and cold war East Germany. If you live on a deserted island, anything you want to do is good to go. Add one single person to your island and you have to make some concessions if you want a peaceful coexistence. If not, then might makes right. America was founded with a specific set of provisions to ensure a continued existence based on personal freedoms. Yet even in 1777, not everyone agreed on what personal freedoms were protected. Now add 235 years of muddying the waters and back and forth rhetoric. See where we are? Its not, nor has it ever been a black or white issue. I dont agree with all the laws, but in a nation of laws, we live within the framework were provided and work within that framework to effect changes. </p><p></p><p>We have a system to provide redress for grievances, such as unlawful detention by law enforcement under gray area circumstances. This system provides for multiple redress levels between a gentlemanly resolution and incarceration of the offender. If you were to implement a black or white system of redress, it would never adequately address every incident and would completely undermine the current rule of law. I happen to agree that Mr. Draco Toter was violated. Ive simply evaluated the level of violation, considered his actions in their entirety and made a value judgment that his level of redress should be smaller than what a black or white assessment would provide. Its a free country still yet, so others are free to disagree with me. Thats what makes this country great! <img src="/images/smilies/smile.png" class="smilie" loading="lazy" alt=":)" title="Smile :)" data-shortname=":)" /></p></blockquote><p></p>
[QUOTE="Glocktogo, post: 1972433, member: 1132"] I see where you're going, but fail to see the prevalence aspect. We've yet to see a single report of an officer drawing on someone juggling bats. Were an officer to do so and able to offer an reasonably articulated argument for the act, I'd expect the subject wouldn't be charged, but the officer to have qualified immunity remain intact just the same. There's a wide margin between a prosecutable offense and removal of qualified immunity. In most loss of qualified immunity cases, willful disregard and intent to deprive are factors, neither of which are present in this case. Your all or nothing argument is not conducive to good public policy. Both the 1st & 2nd have limitations. Google Paul F. Little if you dont believe me. As with qualified immunity, theres a wide margin between nihilism and cold war East Germany. If you live on a deserted island, anything you want to do is good to go. Add one single person to your island and you have to make some concessions if you want a peaceful coexistence. If not, then might makes right. America was founded with a specific set of provisions to ensure a continued existence based on personal freedoms. Yet even in 1777, not everyone agreed on what personal freedoms were protected. Now add 235 years of muddying the waters and back and forth rhetoric. See where we are? Its not, nor has it ever been a black or white issue. I dont agree with all the laws, but in a nation of laws, we live within the framework were provided and work within that framework to effect changes. We have a system to provide redress for grievances, such as unlawful detention by law enforcement under gray area circumstances. This system provides for multiple redress levels between a gentlemanly resolution and incarceration of the offender. If you were to implement a black or white system of redress, it would never adequately address every incident and would completely undermine the current rule of law. I happen to agree that Mr. Draco Toter was violated. Ive simply evaluated the level of violation, considered his actions in their entirety and made a value judgment that his level of redress should be smaller than what a black or white assessment would provide. Its a free country still yet, so others are free to disagree with me. Thats what makes this country great! :) [/QUOTE]
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