Your right C-3, the only way to attack 12031 is on the 4th-A, just like Mc Donald case.
When a "law"12031(e) is being done on you, you can get the "Officer & Officers name and badge's" and file in Federal Court under Title 18 USC section 241 & 242.
The misunderstanding here I been trying to explain, is you are not filing against the PD, at that time but rather the Individual Person who violated your rights.
Now this is true I'm not blaming the leo's, their "
just doing their job"
and rightly so !
However my point is, by filing a "Personal lawsuit", the poor leo will say screaming "I'm just doing my job" ! What happens then is that PC 12031(e) comes under the flag in the Federal court, as being Unconstitutional.
As it violates your 4th-A. At that point it becomes unenforceable. Mc Donald wins again !
All you need is the money to file in Federal Court, on 4th-A violations against that man personally.
Its a Win-Win situation think about it !
If the "Officer claims, I'm just doing my job", even though he "Does" have an option to not e-check, but did violate your 4th, then that's clearly a Title USC sec 241 & 242 violation.
If a "Law" is unconstitutional then that's exactly what it is ! An unloaded gun is not self-defense !
Also its fraud to take the public's money under false pretenses, and that is a felony & crime, regardless of a law that said they can.
Norton vs.Shelby County
118 US 425 p. 442
Also Miranda vs.Arizona, 384 US 436 p.491
Also Marbury vs.Madison vs.5 US (2 Cranch) 137,174,176, (1803).
These are long established decisions.
So lets hear from you guys? what do you think of that ? Robin47 Yeah we Win !
Wheres that banana?