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The best way to fix problems like this is to remove qualified immunity from the cops involved.

A couple of houses and life savings lost in a civil suit, and the stuff we hear about (like New York arresting people with checked firearms who's flight gets delayed or canceled) will end overnight.
 
The best way to fix problems like this is to remove qualified immunity from the cops involved.
Wish is was that simple but it is far more complex than that. In 2003, while I was still sworn, I did not take my gun while traveling through MA because it was a mandatory one year jail sentence for anyone, out of state officers included. LEOSA helped this but non LEO folks who have state issued permits actually have better protections in many circumstances. LEOSA is not a permit, it is actually an affirmative defense. It is not "recognized" by states per se. OR is very pro current / retired LEO with carry but this is not true of all states. But it is about the same for non-LEO's with a permit (and I agree btw that "permits" should not be needed by non-LEO's).

Officers are not immune from crazy states like NJ where hollow points are banned (know someone who had his ammo taken at the airport while actually working and traveling). Non officers with permits actually have better protections than LEO's in National Parks. There is no mag cap ban exemption for traveling off duty officers in CA that I am aware of (this may have changed but doubt it). The only benefit LEO's have with some of these laws is some built in lobby efforts (in some states). It would help for us to have an effective group as gun owners like this at the state level as well. Far more gun owners than LEOs out there.

Now if you want to prohibit special laws for politicians and eliminate state / federal funded security, count me in!!!
 
Wish is was that simple but it is far more complex than that. In 2003, while I was still sworn, I did not take my gun while traveling through MA because it was a mandatory one year jail sentence for anyone, out of state officers included. LEOSA helped this but non LEO folks who have state issued permits actually have better protections in many circumstances. LEOSA is not a permit, it is actually an affirmative defense. It is not "recognized" by states per se. OR is very pro current / retired LEO with carry but this is not true of all states. But it is about the same for non-LEO's with a permit (and I agree btw that "permits" should not be needed by non-LEO's).

Officers are not immune from crazy states like NJ where hollow points are banned (know someone who had his ammo taken at the airport while actually working and traveling). Non officers with permits actually have better protections than LEO's in National Parks. There is no mag cap ban exemption for traveling off duty officers in CA that I am aware of (this may have changed but doubt it). The only benefit LEO's have with some of these laws is some built in lobby efforts (in some states). It would help for us to have an effective group as gun owners like this at the state level as well. Far more gun owners than LEOs out there.

Now if you want to prohibit special laws for politicians and eliminate state / federal funded security, count me in!!!

I think you misunderstood me. I was saying that the barrier to entry on a Bivens action against officers arresting people clearly covered by FOPA should be eliminated. I mean removing the qualified immunity from personal liability the government officials normally enjoy.

Bivens v. Six Unknown Named Agents is the case that pretty much established the current rules on when you can sue a government official in their personal capacity. That means they pay for their own lawyer and they pay the damages, not the government. A Bivens action is any civil suit that is seeking damages from the individual rather than the government.

It's basically a fairly high standard to meet, and it's vague enough that the courts can pick and choose when they will let you go after the officer personally which tends make it a rare occurrence.

If FOPA violations resulted in the removal of qualified immunity, you would see the law be enforced correctly, or officers would put their personal finances at jeopardy.
 

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