how would a gun owner fare, faced with a "rogue prosecutor", or the BATFE?

That poor citizen would be dead meat. But if the story got out to enough people, the illegal and immoral actions of a rogue prosecutor or the BATF might just have unintended consequences.
 
It's risky business. I won an appeal (eventually) in such a situation, and got the NM law changed to recognize citizen's arrest as a defense to felony charges. My client's conviction was vacated and he is now a police officer; he has told me to warn everyone to be unbelievably cautious before using deadly force, because he just couldn't believe how he was treated by his local prosecutor.
 
The case mentioned by Erich seemingly involved the use of deadly force. The sort of thing I reference would not have risen to that level, as I was talking of a simple "gun case", if there be any such thing as a "simple gun" case.

Essentially, I was talking about what would confront the citizen, when faced by some running wild, hot dog prosecutor, or similarly inclined bureaucracy, in particular the BATFE, whose name should be familiar to readers.
 
You don't give a whole lot of detail about what type of case you're referencing: a possession case? An assault case? What do you mean by a "simple gun case"?

In any event, the catalog of potential problems is pretty big - I doubt anyone has time for that kind of speculation.

In the case I referenced, the guy displayed a gun.
 
Erich:

The sort of thing I referenced would likely revolve around gun possession. I assume, possibly incorrectly, that the case you referenced, which you described as "display" would have been "hostile display" as opposed to a gun simply having been visable. I take it that are an attorney, which I'm not, so please bear with me.

What originally caught my eye was the article in CATO, see the link, which dealt with the afore mentioned "hot dog" prosecutor and a criminal case having nothing to do with firearms. I was simply curious re how a gun owner might fare, confronted with similar circumstances, an out of control prosecutor or bureaucratic agency such as the BATFE.
 
I think Mr. Nifong has now found himself on the short end of the stick. Hopefully this might make some DAs in that state change thier evil ways.
 
Don't count on it unless deriliction and willfull abuse of process is made a crime that would be prosecuted. I fear they will just cover for themselves like they do now. A judge sues for a pair of pants and is asking 54 million? Nobody is saying anything, are they?
 
btw, Nifong should be disbarred and sentenced to the punishment that he falsely pushed. THAT would be justice. But I'll buy everyone a round if he even loses his law license because I doubt it.
 
Joliet Jake, Eghad:

I understand that Nifong has "volunteered" to give up his law license. also that a North Carolina Bar group has recommended disbarment.

I have NOT, or READ anything about criminal prosecution, which would certainly seem appropriate, given his antics. Appropriate in one thing likely is another.
 
While it's good that NC is doing something about it now, the damage to the three Duke students, their coach, school, etc has been done, not to mention the attitude of respect for the law which maybe waivered a little bit there for awhile.

Factor in firearms in one way or another (and that could really vary from the innocueous to the profane) and the majority of US citizens would probably care less... maybe... again, depending on the situation.

I mean, no one really cried too much about the Branch Davidian survivor's final conviction, nor Horiuchi's non-conviction now did they? (knowing that those two incidents had little to nothing to do with a runaway prosecutor but a different form of government agency flexing muscle... which isn't really the same thing).

But to answer the question "How would a gun owner fare...?" Depends how deep his pockets were and how much favorable publicity his defense team/family of friends could muster. Big difference between something happening to a simple Baba Louie as opposed to a Rich Lucibella or an Oleg Volk. One of those three being a poor simpleton, another a man of means, the third a talented artist whose work has touched thousands of lives.

Quis custodiet ipsos custodes? Hopefully, the people.
 
They REALLY, REALLY don't want to go down that path. I would get out of prison at about age 70 and I've smoked tobacco most of my life. I am also a very good shot with a rifle at very long ranges and also spent many years working in the munitions industry, both for the benefit of the military and civilian market.

At that time in my life, a life sentence or the death penalty is no big deal. Doing something that might make my Flag still fly in another 20 years is!
 
I agree

They wouldn't fare too well, I'm getting better at the range every day. They are thugs and will be treated AS such. I only obey the 2nd. Just another out of control "agency" that has no legal or constitutional authority. JPFO
 
how would a gun owner fare, faced with a "rogue prosecutor", or the BATFE?
Click to expand...

It really isn't a question about how a gun owner would fare against a "rogue prosecutor." Such a situation is potentially terrible for anyone.

For example, how would an accused (but actually innocent) rapist fare?
 
Joliet Jake, Eghad:

I understand that Nifong has "volunteered" to give up his law license. also that a North Carolina Bar group has recommended disbarment.

I have NOT, or READ anything about criminal prosecution, which would certainly seem appropriate, given his antics. Appropriate in one thing likely is another.
Click to expand...

He is now disbarred....and the attorneys for those accused are pshing for a judge to hold him accountable for lying to two judges not to mention the civil suits that might be in the works. Mr. Nifong still has some dues to pay.
 
If the Duke scenario ever happened to me or especially my children it would be hard to resist the urge to give street justice to the Nifong. If I or they spent any time in jail that is.

If no time in jail I would seek criminal prosecution of the DA and civil damages. I would be willing to waive the civil damages for two or three rounds in a cage with this scumbag.
 
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