GUN LEO gets off on illegal machine gun charges

Discussion in 'On Topic' started by TL1000RSquid, Aug 31, 2006.

  1. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    www.stltoday.com/stltoday/news/stor...8604AC10DBBE2CFA862571DB00181616?OpenDocument




    Illinois officer cleared of machine gun charge
    By Tim O'Neil
    ST. LOUIS POST-DISPATCH
    08/31/2006

    Charges that an Illinois State Police sergeant illegally possessed a machine gun were dismissed Wednesday by a federal judge, who ruled that the law was "unconstitutionally vague" as applied to him.

    In federal court in East St. Louis, U.S. District Judge David R. Herndon dropped the charges against Sgt. James V. Vest of O'Fallon, Ill., who was lead rifle instructor for the department's District 11 in the Metro East area. Herndon's 26-page order says the confusion is over the federal law's exception for police officers, and whether Vest could reasonably be expected to know whether he was breaking the law.

    Vest was one of four people, including two other Illinois state troopers, separately accused in January of illegally possessing machine guns. Such fully automatic weapons are banned by federal law except for certain uses, such as by the military and police agencies, or by people with a special license, which the four did not have.

    How Herndon's ruling would affect the other cases was unclear Wednesday, partly because the charges against them are not identical.


    The case against Vest concerned an M-4 machine gun that he bought in 1998 and used in his state police training classes. The charges allege that he lacked authority from the state to buy or possess the weapon.

    Vest argued that he bought and used it under the "law enforcement exception" in the federal law.

    Herndon noted that the prosecution never claimed that Vest ever used the M-4 for anything but official purposes. The judge said the government argued that a law enforcement agency, not a single police officer, has the authority to permit possession of a machine gun.

    But Herndon wrote that the federal law granting that authority was too vague in this instance to support the charges against Vest. Given that Vest apparently used it only for law enforcement purposes, Herndon said, charging him "seems to go against the purpose" of the federal law.

    :madfawk: If it were anyone of us we'de be doing 10 years, especially in Illinois.
     
  2. Soybomb

    Soybomb New Member

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    Predicted it from a mile away.
     
  3. BigBadJohn

    BigBadJohn Pay-back time OT Supporter

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    I wonder if hes allowed to keep it?
     
  4. Gimik

    Gimik New Member

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    I don't see how they can take it from him without a court ruling now. I long for the day when they get ride of those unconstitutional laws.
     
  5. jeepilot

    jeepilot Banned

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    Maybe this will set forward legislation that NFA is retarded, or that the may '86 ban is stupid



    In this case, it is still evident that police protect their own. if it was you or I, we'd be talking directly to the ATF.
     
  6. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    :werd:
     
  7. striker754

    striker754 Chillin

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    There will never be legislation against these. There are too fucking many people to convince. You've got 435 in the HoR, 100 in the Senate, and 1 President. You need to convince at least half, if not more.

    Anyways, the way I understand H.R.4332 (FOPA and its amendment) is that it really is wordy and has many interpretations. Unfortunately, in a blatent unconstitutional act, ATF has decided to interpret the law, when they are just supposed to be enforcing them. I don't know if any court has ever ruled on this. *shrug*

    Convincing a few judges is a lot easier. Even then, it is still iffy, especially because of the WIDESPREAD abuse of the commerce clause. Fucking WIDESPREAD.

    I'm still interested in a run against the NFA through the Federal Judicial system. Currently, the Cato Institute has a suit in the DC Court of Appeals, trying to get the Supreme Court to rule the 2nd Amendment as an individual right. The Supremes would appear to have at best four justices who might rule constitutionally. The other five would likely draw on foreign law and international (UN) agreements. The GOA has told me they want to wait on this and see what happens.

    If so, and if the 2nd is held to be interpreted as NOT INFRINGED, theoretically, under the 14th Amendment, any state/local laws restricting arms to the people are null and void.

    I mean in many cases it has been ruled as an individual right, but some people just dont get it.
     
    Last edited: Aug 31, 2006
  8. Artyboy

    Artyboy Necessity is the excuse for every infringement of

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    Those mother fuckers. I should become a LEO just so that I can get away with shit like this. I was in a gun shop the other day and there was a cop there talking with the guy behind the counter. The guy asked the cop if he'd bother someone who was open carrying a gun. Basically he said that anyone open carrying a gun that wasn't a cop had no business doing it but that he couldn't do anything about it. He did say that he'd tell the person to cover it up. Obviously if you're not a cop then the only reason you'd carry a gun openly would be to cause trouble. I REALLY wanted to turn around and start shit with that guy. The first question I wanted to ask him is what he'd do if the person he told to cover the gun up didn't have a concealed carry permit. Then I was going to bring up this very topic about the machine guns. I didn't feel like starting shit with a cop, though :hs:.
     
  9. Gimik

    Gimik New Member

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    I thought about becoming a cop (my grandfather was a cop and 2 of my brothers are cops), but I'm too fat (and old now), and I have a problem with so many laws. My brothers still say I should try because they need good cops who are more interested in helping people than upholding every letter of the law. It's a tough ass job for very little pay though, and it'd be so much work for me to be at a point where'd I'd get accepted.
     
  10. Artyboy

    Artyboy Necessity is the excuse for every infringement of

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    That's the reason why I wouldn't want to be a cop. I'd let too many people off on common sense shit. I'm not so worried about getting in shape. I'm starting to get a gut but I'm still in better shape than most cops I see.
     
  11. Gimik

    Gimik New Member

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    getting in is a lot tougher than staying in.
     
  12. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    I thought about it at one point, have a LEO friend who encourages me to do it, but I dont think it would be good for me, I could see myself doing Vic Mackey stuff :noes:
     
  13. Big Daddy

    Big Daddy New Member

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    I would have.. I know in FL its a 2nd degree felony to ccw without a permit..
     
  14. Keesh

    Keesh New Member

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    :werd: Most of that shit probably wouldn't fly in real life either unfortunatly. :(
     
  15. Artyboy

    Artyboy Necessity is the excuse for every infringement of

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    Well I've got a CCL so it doesn't matter to me. It's also just a misdemeanor in CO.
     
  16. T0nyGTSt

    T0nyGTSt New Member

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    when they say "M4 Machine Gun" (LOL) they obviously mean an automatic M4gery of some sort?

    i hate it when people say "machine gun" as I always think it's an m60 or some crap
     
  17. striker754

    striker754 Chillin

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    :hsugh: the m4 is a machine gun
     

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