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Re: Ping: Jim (Napco PCI-Mini)



Robert L Bass wrote:
> "JoeRaisin" wrote:
>>
>>> The topic is a law aimed at arming federal wildlife enforcement
>>> officers  and certain other federal law enforcement personnel.
>>>
>>
>> HR 675: To amend title 10, United States Code, to provide police
>> officers, criminal investigators, and game law enforcement officers of
>> the Department of Defense with authority to execute warrants, make
>> arrests, and carry firearms.
>
> Note that this bill does not create any kind of new police department.
> A few nutty bloggers have made a stink about the bill "bypassing posse
> comitatus" (a phrase the crazies like because it includes the word
> posse, which feeds on their dreams of riding off into the sunset chasing
> Muslims, pistols blazing, etc.) . Many don't even know what the posse
> comitatus law is or why it's important. It's the prohibition on using
> the US military as a police force.  HR675 does nothing to abridge posse
> comitatus but that doesn't slow the rhetoric.  The thinking is that
> since this bill originated during Obama's presidency (it was actually
> under consideration for years by both Dems and Repugnants) it must
> therefore be stopped.  :^)
>

A case could be made that it's an end around posse comitatus in that it
does give DOD employees authority over folks they previously did not
have.  I don't quite buy that in that the Act is specifically aimed at
active duty military personnel.

I've already detailed the problems I have with it.  In fact, I would
almost go so far to say that I would rather have a newly stood up
national police force then give such authority to some of the clowns I
remember.

Then again - I do hope it's different now.


> Here's the text of HR675.  Like most other bills, it's plain English and
> has no "hidden" text.
>
> ----------
>
> H. R. 675
> To amend title 10, United States Code, to provide police
> officers, criminal investigators, and game law enforcement
> officers of the Department of Defense with authority to
> execute warrants, make arrests, and carry firearms.
>
> IN THE HOUSE OF REPRESENTATIVES
> JANUARY 26, 2009
>
> Mr. FILNER introduced the following bill; which was referred
> to the Committee on Armed Services, and in addition to the
> Committee on the Judiciary, for a period to be subsequently
> determined by the Speaker, in each case for consideration of
> such provisions as fall within the jurisdiction of the
> committee concerned.
>
> A BILL To amend title 10, United States Code, to provide
> police officers, criminal investigators, and game law
> enforcement officers of the Department of Defense with
> authority to execute warrants, make arrests, and carry
> firearms.
>
> Be it enacted by the Senate and House of Representatives
> of the United States of America in Congress assembled,
>
> SECTION 1. AUTHORITY FOR POLICE OFFICERS, CRIMINAL
> INVESTIGATORS, AND GAME LAW ENFORCEMENT OFFICERS OF THE
> DEPARTMENT OF DEFENSE TO EXECUTE WARRANTS, MAKE ARRESTS,
> AND CARRY FIREARMS.
>
> (a) AUTHORITY.-Chapter 81 of title 10, United States Code,
> is amended by adding at the end the following new section:
>
> § 1585b. Law enforcement officers of the Department of
> Defense: authority to execute warrants, make arrests, and
> carry firearms
>
> (a) AUTHORITY. - The Secretary of Defense may authorize
> any law enforcement officer of the Department of Defense -
>
> (1) to execute and serve any warrant or other process
> issued under the authority of the United States;
>
> (2) to make arrests without a warrant -
>
> (A) for any offense against the United States committed in
> the presence of that officer; and
>
> (B) for any felony cognizable under the laws of the United
> States if the officer has probable cause to believe that
> the person to be arrested has committed or is committing
> the felony; and
>
> (3) to carry firearms.
>
> b) PERSONS TO HAVE AUTHORITY. - Subsection
>
> (a) applies to any law enforcement officer of the
> Department of Defense whose duties include -
>
> (1) enforcing laws enacted for the protection of persons
> and property;
>
> (2) preventing breaches of the peace and suppressing
> affrays or unlawful assemblies;
>
> (3) conducting, supervising, or coordinating
> investigations of criminal activity in programs and
> operations of the Department of Defense; or
>
> (4) enforcing any rules or regulations with re1spect to
> Department of Defense property prescribed by duly
> authorized officials.
>
> (c) GUIDELINES ON EXERCISE OF AUTHORITY.
>
> - The authority provided under subsection (a) shall
> be exercised in accordance with guidelines issued by
> the Secretary of Defense and approved by the Attorney
> General.
>
> (d) DEFINITION OF LAW ENFORCEMENT OFFICER OF THE
> DEPARTMENT OF DEFENSE.
>
> - In this section, the term 'law enforcement officer
> of the Department of Defense' means a civilian
> employee of the Department of Defense who is any of
> the following:
>
> (1) A Federal police officer or detective as
> classified by the Office of Personnel Management
>
> Occupational Series 0083 (or any successor to that
> series).
>
> (2) A game law enforcement officer or special agent
> as classified by the Office of Personnel Management
> Occupational Series 1812 (or any successor to that
> series).
>
> (3) A criminal investigator as classified by the
> Office of Personnel Management Occupational Series
> 1811 (or any successor to that series) and not
> employed as a special agent of the Defense Criminal
> Investigative Service (or any successor to that
> service).
>
> (b) CLERICAL AMENDMENT.-The table of sections at the
> beginning of such chapter is amended by adding at the
> end the following new item:
>
> 1585b. Law enforcement officers of the Department of
> Defense: authority to execute warrants, make arrests,
> and carry firearms.
>
> ----------
>
> I can understand that anyone who has read some of the silly blog entries
> concerning this bill and has not actually seen the bill itself might
> genuinely believe it creates some sort of Obamastassi (as the OP of this
> meta-thread referenced it).  That's an innocent mistake.  The current
> problem with American politics is that extremists on both sides (well,
> actually all three sides now that we've got the "Tea Party") try to
> demonize everything they see the "other" side doing.  No concern at all
> is given to how any bill will Americans.
>
> Repugnants see it as their god (small "g") given responsibility to "STOP
> OBAMA" at every turn.  Dems see it as their duty to shove the Repugnants
> back in their holes.  So nothing gets done or whatever does get done
> becomes so watered down that it's close to useless.  The tea bag idiots
> see it as their Palin-given responsibility to....  Hmm.  Scratch that.
> Palin?  Responsibility?  Naah, that won't fit.  These guys would be more
> useful if they'd just relax and smoke a little of that tea.  :^)
>
> --
>
> Regards,
> Robert L Bass
>
> ==============================>
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> DIY Alarm and Home Automation Store
> http://www.bassburglaralarms.com
> Sales & Service 941-870-2310
> Fax 941-870-3252
> ==============================>


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