Tuesday, June 16, 2020

It is in the Second

Supreme Court Will Not Reexamine Qualified Immunity For Police NPR (David L)

It is the part of the Second that has no conditional:
"A well regulated Militia, being necessary to the security of a free State
That would include the right of the state to grant qualified immunity to regulated militia.  It also means that gun owners who obey all the gun rules associated with a regulated militia are a bit 'off the hook'  with some immunity.  The well regulated militia need not be public.

A well trained and compliant private security service would have some limited immunity in the use of fire arms, especially when well identified by uniform and badge. The right implies the public be aware that regulated militia might take some dangerous action.

Firemen also.  We expect that  a large fire may not get perfect handling in an emergency, and if a building topples unexpectedly during emergency fire work, the firemen are not totally liable. The Second allows some regulated emergency work that may cause collateral damage.

It is a literal reading of the Second, and the Supreme court has to recognize the literal text as actual law. There is no correction, or past mistakes.  There is always a current force of law that reimposes the literal text.

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