Guns Confiscated---???---Profit

[Boats]

In this case the ??? is called a US Title 42 Section 1983 lawsuit against the authorities in their capacities as individuals. Suing the state just buys you an immunity defense. Individual officials only have qualified immunity, as they can be adjudged to have abused their positions or offices. Municipalities have NO immunity at all.

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

If you get targeted by Boquist's folly, sue everyone involved, up to and including him, in federal court, as individuals. Then serve them. Then make a large cash demand to settle for abusing your federally recognized 2A rights.

Profit. Damages aren't a taxable event. If you win a trial, the overreaching idiots pay your lawyer.

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[Diamondback]

Bee-YOOO-tee-ful! Bonus, get enough together and make it a Class Action... one that says "settle with us or deal with the salivating Ambulance Chasers... your call."

 

[Boats]

Double bonus—this section of the federal code was originally a weapon against the klan. I hope someone gets to use it on our latter day klan in Salem.

 

[woody06]

Great info, Boats. Thanks for posting it. Do you know of any cases where the official has been successfully sued? Being able to show precedent can be a big factor when filing suit.

 

[Diamondback]

Double bonus—this section of the federal code was originally a weapon against the klan. I hope someone gets to use it on our latter day klan in Salem.

*Beavis & Butt-Head voices* "Huh-huh... that'd be cool."

 

[Boats]

Great info, Boats. Thanks for posting it. Do you know of any cases where the official has been successfully sued? Being able to show precedent can be a big factor when filing suit.

Section 1983 jurisprudence is well developed and really took off after a Supreme Court decision in 1961.

As applied to our local gun control twits? That would be some ground breaking. However, their suppressing of one's fundamental core rights under the 2A, (recognized as such under Heller and MacDonald), without one whiff of due process, under the color of authority, stands to make someone a winner of jackpot justice.

 

[woody06]

Thanks. I've made a note of it. Probably won't ever need it but nice to have on file just in case.