examiner.com - Iowa AG picks gun fight he can't win

[majstoll]

http://www.examiner.com/gun-rights-in-washington-dc/iowa-ag-picks-gun-fight-he-can-t-win

SNIP

Iowa Attorney General Tom Miller just picked a fight he can’t win, legally, or politically. On December 29, 2010 Miller’s staff issued a letter to Des Moines County Pat Jackson encouraging him to advise Des Moines County supervisors to violate Iowa’s firearm preemption statute.

. . .

 

[Carne Frio]

He needs to be impeached for violating state law. Ride his butt out of town,
but using the courts.

 

[Shadow 7D]

Naw, just pass a personal liability law for negligent 'legal opinions' and let the county stick the court bill on him.

 

[benEzra]

Just a reminder that in this subforum, a thread needs to have an Activism focus. Perhaps providing contact info to enable some polite and well reasoned letters/emails from Ohio residents to the Attorney General would be a good start.

 

[Ramman911]

Iowa Attorney General
c/o Tom Miller
1305 E. Walnut Street
Des Moines IA 50319
Phone: 515-281-5164
Fax: 515-281-4209

E-Mail Comments & Questions to:

[email protected]
(be sure to add your full name, mailing address, and telephone number)


Let the letters/email fly

 

[DT Guy]

Who can charge an AG with a violation of the law? Would it help to seek Federal help (I'm guessing not, as it's a state's issue) , and if not, who can apply the law to the AG?

The system seems stacked in their favor, but this seems (to this layman) to be a direct violation of state law; I couldn't get away with that, so I'm assuming he can't. Does anyone know who can hold him criminally responsible?

Criminal law certainly has more teeth than civil lawsuits...


Larry

 

[TexasBill]

Attorneys General and County Attorneys can get away with some amazing stuff.

When the Texas Legislature passed a law allowing the unlicensed concealed carry of a handgun in one's car, Chuck Rosenthal, County attorney for Harris County and one of the most powerful in the state, ignored it and instructed law enforcement agencies in his jurisdiction to continue enforcing the old law even though he would not be able to get a conviction in court and could open the county to lawsuits for wrongful arrest and malicious prosecution. (In Texas, sovereign immunity doesn't apply to cases where police powers are used illegally.) It was two years before the Legislature met again and refined the law so there was no prosecutorial wiggle room.

Not that I advocate taking the law into your own hands, but, in Texas, it used to be lawful to use deadly force to resist an illegal arrest. Naturally, the burden of proof was on you to prove the officer exceeded his authority or violated the law, but it was there. Of course, if you weren't in your house and you had the means to use deadly force, all the officer had to do was arrest you for unlawful carrying of arms and your use of them was illegal. Wonderful how the law works, isn't it?