We propose an unlikely supply of constant energy, after Bruen, for states to disarm people they deem harmful: certified immunity. Certified immunity shields state officers from financial legal responsibility for a lot of constitutional violations. Briefly, until a earlier case “clearly established,” with excessive factual particularity, that the officer’s conduct was unconstitutional, the officer doesn’t pay. Thus, a state legislation enforcement officer might, after Bruen, confiscate a person’s firearm if the officer deems that individual too harmful to own it. The officer’s justifications might battle with the federal courts’ understanding of Bruen or the Second Modification—maybe flagrantly. However until a earlier, authoritative authorized choice analyzing near-identical details says so, the officer dangers no legal responsibility. And since every particular person act of disarmament might be distinctive, such prior selections might be vanishingly uncommon. The result’s a surprisingly free hand for states to find out who ought to and shouldn’t be armed, even in contravention of the Supreme Courtroom’s dictates.
College of Maryland Francis King Carey College of Regulation
College of Houston Regulation Middle
Qualified Immunity as Gun Control
July 5, 2023
This appears to me like a conspiracy to violate rights and maybe different crimes by Krishnamurthi and Salib. Can’t they be glad with the present violations of the structure?
If violating the structure, and brazenly admitting they know it’s unconstitutional, turns into pervasive I may see the response develop into correspondingly illegal.
#Advocates #Flagrantly #Violating #Structure