New York and LEOSA

Discussion in 'Cop Talk' started by nohocop, Jan 15, 2013.


  1. SKSman57

    SKSman57
    Expand Collapse

    Joined:
    Nov 13, 2008
    540
    15
    Wow... just wow... Epic internet lawyer fail.

    For fun, let's play a game.

    1. Please identify the two-step analysis that applies to equal protection clause challenges.

    2. After identifying said two-step analysis, please point to the specific portion of said analysis that is important in this specific discussion.

    3. Explain the concept of suspect classification as it relates to an equal protection clause challenge.

    4. Point to any authority that would establish a particular suspect classification in this case.

    5. Identify the appropriate standard of review under current equal protection clause jurisprudence as it relates to the above.
     

    Wanna kill these ads? We can help!
  2. wprebeck

    wprebeck
    Expand Collapse
    Got quacks?

    Joined:
    Oct 20, 2002
    7,824
    981
    Location:
    In a flooded corn field
    I love you guys!
     

  3. lawman800

    lawman800
    Expand Collapse
    Juris Glocktor

    Joined:
    Apr 3, 2002
    38,378
    5
    Location:
    Out the frying pan & into the fire!
    SKS, you are asking questions way beyond internet lawyer capabilities... I mean, those are things that you would have to know to be a first year law student in a ConLaw class!
     
  4. razdog76

    razdog76
    Expand Collapse
    Heavy Mettle

    Joined:
    Sep 26, 2007
    3,630
    4
    Location:
    Ohio
    This is why I don't provide too much detail, and supply the link. :cool:
     
  5. series1811

    series1811
    Expand Collapse
    Enforcerator.
    CLM

    Joined:
    Apr 27, 2003
    11,386
    3
    Location:
    Retired, but not expired.
    Nothing to see here after that. :supergrin:
     
  6. wprebeck

    wprebeck
    Expand Collapse
    Got quacks?

    Joined:
    Oct 20, 2002
    7,824
    981
    Location:
    In a flooded corn field
    Clyde is busy with Wikipedia at the moment. Guess his Lexus Nexus account is down.
     
  7. kenpoprofessor

    kenpoprofessor
    Expand Collapse

    Joined:
    Sep 1, 2007
    4,568
    0
    Location:
    Ex POW in the PRK now N. Phoenix AZ
    The two conceptions of that principle allow for due process and equal protection analyses to lead to contradictory results. The structure of that debate, which is apparent in a number of cases,[85] is as follows. One justice adopts a broad view of equal protection and concludes that the principle guarantees a given right to a class of people. Another justice adopts a narrow conception of equal protection and finds it inapplicable to the facts of the case.

    The advocate of the narrow view then turns to a due process analysis and finds, in some cases, that due process does not entail the right at issue, or, if it does, that the benefit of the right is outweighed by its cost to the state.[86] In such cases, equal protection and due process analyses lead to divergent results.

    For the rest see

    Plessy v Ferguson
    Brown v Board of Education.

    Clyde
     
  8. lawman800

    lawman800
    Expand Collapse
    Juris Glocktor

    Joined:
    Apr 3, 2002
    38,378
    5
    Location:
    Out the frying pan & into the fire!
    Where did you copy and paste that out of?
     
  9. 4949shooter

    4949shooter
    Expand Collapse
    1. The JBT's

    Joined:
    Aug 14, 2006
    9,548
    210
    Location:
    New Jersey Republik
    You are comparing two cases involving racial segregation and applying them to your principle that police shouldn't be able to carry if non-LE cannot carry.

    You are basically comparing apples to oranges. I understand what you are trying to say, but for obvious reasons your analogy does not apply.
     
  10. SKSman57

    SKSman57
    Expand Collapse

    Joined:
    Nov 13, 2008
    540
    15
    You fail your exam.

    First of all, plagiarism is not demonstrative of a high intellect.

    http://lawandpractice.wordpress.com...tection-developments-in-the-right-to-counsel/

    Second, I asked you very specific questions. Your cut & paste job did not answer the questions that I asked you.

    It is patently obvious that you don't even understand the questions that I asked you.

    FYI: There are very specific cases that you could have referred to dealing with this issue that would have answered the questions that I asked. The fact that you were unable to find them is quite telling.

    :wavey:
     
  11. wprebeck

    wprebeck
    Expand Collapse
    Got quacks?

    Joined:
    Oct 20, 2002
    7,824
    981
    Location:
    In a flooded corn field
    If you're going to cut and paste, and use that for your own words - you should probably take out the footnotes.
     
  12. lawman800

    lawman800
    Expand Collapse
    Juris Glocktor

    Joined:
    Apr 3, 2002
    38,378
    5
    Location:
    Out the frying pan & into the fire!
    That's what made me laugh... the 85 in brackets.
     
  13. Cochese

    Cochese
    Expand Collapse
    Most mackinest
    CLM
    1. The JBT's

    Joined:
    Jun 30, 2004
    11,409
    177
    Location:
    Unmarked Rustbox
    :d:d:d:d:d
     
  14. steveksux

    steveksux
    Expand Collapse
    Massive Member

    Joined:
    Jul 12, 2007
    17,741
    907
    I may have been mixing in a little sarcasm back there... :tongueout::supergrin:

    Kind of like when someone posted that gasses don't clump together, and I agreed, saying clearly gasses don't clump together, because if they did, Earth would have an atmosphere, which it clearly does not...

    I guess I was mocking more than responding... Chicago cops can carry off duty, and LEOSA, at least as of this moment, has not been declared unconstitutional.

    That's just amazing...

    Was that before LEOSA? I thought pretty much any sworn officer can legally carry under LEOSA, but if CCW isn't available, and department policy forbids off duty carry for some reason, that might even still be true somewhere... Legally they can still technically carry though.

    Randy
     
    #294 steveksux, Feb 3, 2013
    Last edited: Feb 3, 2013
  15. steveksux

    steveksux
    Expand Collapse
    Massive Member

    Joined:
    Jul 12, 2007
    17,741
    907
    :rofl::rofl::rofl: so THAT's what they are... :whistling:

    I sometimes count like that [1] in my head when I'm making a difficult point. Cause [2] if I think too hard for more than 90 seconds at a time, my head [3] might explode.

    Randy
     
    #295 steveksux, Feb 3, 2013
    Last edited: Feb 3, 2013
  16. Panzergrenadier1979

    Panzergrenadier1979
    Expand Collapse
    Keystone Cop

    Joined:
    Jan 16, 2009
    2,144
    1
    Location:
    Central Pennsylvania
    :rofl:

    So much fail in one compact package.
     
  17. kenpoprofessor

    kenpoprofessor
    Expand Collapse

    Joined:
    Sep 1, 2007
    4,568
    0
    Location:
    Ex POW in the PRK now N. Phoenix AZ
    First off, I'm not a lawyer, nor do I ever want to be one. So, you asked a question, I found the answer I was looking for that suited the question, copy and pasted it, primarily because I'M NOT A LAWYER, or have any intention of being one.

    You know, Heller and McDonald both started as "questions" about certain laws, you see where they went right????

    So, keep it up, I'm happy to keep giving it back, and if it bothers you, well, put me on ignore.


    Clyde
     
  18. lawman800

    lawman800
    Expand Collapse
    Juris Glocktor

    Joined:
    Apr 3, 2002
    38,378
    5
    Location:
    Out the frying pan & into the fire!
    That was a long time ago before they were recognized as peace officers in title, when their badges said "TRAFFIC OFFICER" but then again, that was department rumor from some officers who had friends who were chippies.

    As far as statutes go, there was a specific section in CA Penal Code that defined LA City General Services Police and there's a section that specifically prohibited off duty carry.
     
  19. SKSman57

    SKSman57
    Expand Collapse

    Joined:
    Nov 13, 2008
    540
    15
    1. Copy and pasting the words of another without attribution is a character flaw. It's called plagiarism and is also known as stealing.

    2. Your copy and paste didn't answer the questions that I posed. You might erroneously think that it did, but that's merely because you are not a lawyer and your internet lawyering on the Equal Protection Clause is quite clearly out of sync with the current state of the law in the United States.

    3. Heller and McDonald are irrelevant to the particular line of inquiry that you started. You see, you set forth the premise regarding a particular area of the law that was, and is, quite incorrect. When folks called you on it, you spouted off a lot of nonsense. I merely posed a few rather elementary questions to you to demonstrate that nonsense.

    4. You don't bother me at all. In fact, I find internet lawyering quite amusing. I rank it right up there with the people who think that gold fringe on an American flag deprives the court of jurisdiction and that signing a document "Without Prejudice, U.C.C. 1-207," and/or "Under Duress" has some sort of legal significance.

    5. Notwithstanding 1-4 above, I think the time for our game has drawn to a close. If you feel the need to further pontificate on the LEOSA, perhaps with an attempt to interweave it with the UCC, I'll let you alone.

    After all, "the weak and foolish must be left to their folly." Oliver Wendell Holmes, Jr., The Path Of The Law, 10 Harv. L. Rev. 457 (1897).

    :wavey:
     
  20. kenpoprofessor

    kenpoprofessor
    Expand Collapse

    Joined:
    Sep 1, 2007
    4,568
    0
    Location:
    Ex POW in the PRK now N. Phoenix AZ
    Not even close to stopping :wavey:

    Clyde
     

Loading...
Similar Threads Forum Date
LEOSA and Magazine capacity GATE Self-Defense Forum Jul 26, 2014
LEOSA In New York City Cop Talk Apr 17, 2014
New Jersey Retirees and LEOSA Cop Talk Sep 8, 2013
LEOSA and Reserves Cop Talk May 5, 2012
LEOSA and the NYPD Carry Issues Aug 23, 2011
Duty Gear at CopsPlus