Gun Control & RKBA
Related: About this forumMississippi Soldiers of God: Locked, Loaded, Licensed to Kill
"If you want to pass gun laws, do that, but don't use the church, Frazier said.
The Democrats rhetoric fell short. The Senate eventually passed, and Gov. Phil Bryant (R) signed, House Bill 786, the Church Protection Act. It allows churches to arm members of their congregations and give them the authority to shoot to kill.
Larry T. Decker, the executive director of the Secular Coalition for America, complained the Church Protection Act places soldiers of God above the law.
https://pjmedia.com/news-and-politics/2016/04/26/mississippi-soldiers-of-god-locked-loaded-licensed-to-kill/
enough
(13,449 posts)snip from the article>
The Church Protection Act does more than allow churches to create security programs to train parishioners to carry concealed weapons, and set up armed security forces for the protection of congregations.
It also allows Mississippians to carry guns in holsters without a permit and prohibits state officials from enforcing any federal agency regulations or executive orders that would violate the Mississippi Constitution.
Sen. Hob Bryan (D) thought that was a clear violation of the Supremacy Clause of the U.S. Constitution that guarantees federal law always trumps state law.
snip> more at link
TeddyR
(2,493 posts)State actors are not required to enforce federal regulations.
gejohnston
(17,502 posts)the Washington and Colorado pot laws are too. No it doesn't violate the Supremacy Clause, has nothing to do with it. Local officials are often not authorized to enforce federal law. My understanding is that local officials have to be specifically authorized to enforce those laws.
I would argue, and I do, that the law this repealed violated the separation of Church and State.
ileus
(15,396 posts)sarisataka
(20,888 posts)Does it really say church security personnel have the authority to "shoot to kill"? Do they only have this authority in church or does it extend outside churches? Do you need to be a licensed "soldier of God" to be above the law?
Nuclear Unicorn
(19,497 posts)jmg257
(11,996 posts)1) You can get certain immunities:
shall be immune from civil
liability for any action taken by a member of the security program
if the action in question occurs during the reasonable exercise of
and within the course and scope of the member's official duties as
a member of the security program for the church or place of
worship.
IF you have a license:
(b) In order to be eligible for the immunity provided
in this section:
(i) The program at a minimum must require that
each participant of the program possesses a firearms permit issued
under Section 45-9-101 and has completed an instructional course
in the safe handling and use of firearms
2) But as for needing a license to carry:
45-9-101. (1) (a) Except as otherwise provided, the
Department of Public Safety is authorized to issue licenses to
carry stun guns, concealed pistols or revolvers to persons
qualified as provided in this section...
...
Now amended as follows, it seems without connection to a church security program!:
A license * * * under this section is not
required for a loaded or unloaded pistol or revolver to be carried
upon the person in a sheath, belt holster or shoulder holster or
in a purse, handbag, satchel, other similar bag or briefcase or
fully enclosed case if the person is not engaged in criminal
activity other than a misdemeanor traffic offense, is not
otherwise prohibited from possessing a pistol or revolver under
state or federal law, and is not in a location prohibited under
subsection (13) of this section.
3) And justification now includes:
97-3-15. (1) The killing of a human being by the act,
procurement or omission of another shall be justifiable in the
following cases:
(i) When necessarily committed in the performance of
511 duty as a member of a church or place of worship security program
512 as described in Section 1 of this act.
beevul
(12,194 posts)Puhleeze.