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SecularMotion

(7,981 posts)
Thu Apr 28, 2016, 05:44 AM Apr 2016

Mississippi Soldiers of God: Locked, Loaded, Licensed to Kill

Mississippi Sen. Hillman Frazier waved an ornate sheathed sword, quoted Bible verses and told his colleagues “we don’t want to pimp the church for political purposes” as he argued against passage of what the Secular Coalition for America called the “Worst State Bill” in America.

"If you want to pass gun laws, do that, but don't use the church,” Frazier said.

The Democrat’s 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/
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Mississippi Soldiers of God: Locked, Loaded, Licensed to Kill (Original Post) SecularMotion Apr 2016 OP
Sounds unconstitutional, but who knows any more. enough Apr 2016 #1
This is actually not a violation of the Supremacy Clause TeddyR Apr 2016 #2
if this is unconstitutional, gejohnston Apr 2016 #4
Ohhhhhh......sounds ominous....LOL ileus Apr 2016 #3
I could not find the text of the bill sarisataka Apr 2016 #5
How about "Deacons for Defense"? Nuclear Unicorn Apr 2016 #6
Pretty interesting way to get around permit requirements and obtain immunity. jmg257 Apr 2016 #7
Licensed to kill? beevul Apr 2016 #8

enough

(13,455 posts)
1. Sounds unconstitutional, but who knows any more.
Thu Apr 28, 2016, 06:05 AM
Apr 2016

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)
2. This is actually not a violation of the Supremacy Clause
Thu Apr 28, 2016, 07:32 AM
Apr 2016

State actors are not required to enforce federal regulations.

gejohnston

(17,502 posts)
4. if this is unconstitutional,
Thu Apr 28, 2016, 09:06 AM
Apr 2016

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.

sarisataka

(21,000 posts)
5. I could not find the text of the bill
Thu Apr 28, 2016, 10:21 AM
Apr 2016

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?

jmg257

(11,996 posts)
7. Pretty interesting way to get around permit requirements and obtain immunity.
Thu Apr 28, 2016, 11:08 AM
Apr 2016
http://billstatus.ls.state.ms.us/documents/2016/pdf/HB/0700-0799/HB0786SG.pdf

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.

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