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ezkl2230
Guest
This has been brought up in a few threads because of the picture of Sen. Feinstein holding an AK with a drum magazine (we'll forget about her finger on the trigger for this thread) while giving testimony.
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The question was raised regarding the illegality of her possession of that weapons system in DC, and I and others replied that she is immune from arrest and prosecution under Section 6 of the US Constitution.
Section 6 states,
I've had to re-think my opinion of the applicability of Section 6 of the US Constitution in this case.
Legislators are exempt from arrest and prosecution EXCEPT in cases of FELONY.
Feinstein's possession of an AK, especially with the high capacity magazine, is a FELONY in DC (actually, multiple felonies). Section 6 only protects legislators from most misdemeanors and civil infractions - not felonies. Section 6 does not specify that the felony committed must be a FEDERAL felony; it states categorically that there is no immunity when the illegal act constitutes a felony. Even if there was a BATFE agent in the room with her at the time of her testimony, for the time during which the AK was being held by Sen. Feinstein, that firearm was out of the agent's custody and in the custody of the senator. Sen. Feinstein is not an officer of the court, nor is she a law enforcement officer - she is a legislator giving testimony. That means that her possession of a banned weapon and magazine in DC constitutes multiple felonies, which nullifies her Constitutional immunity from prosecution.
It's not going to happen, but she should be arrested and charged for the felonies she committed.
Link Removed
The question was raised regarding the illegality of her possession of that weapons system in DC, and I and others replied that she is immune from arrest and prosecution under Section 6 of the US Constitution.
Section 6 states,
They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
I've had to re-think my opinion of the applicability of Section 6 of the US Constitution in this case.
Legislators are exempt from arrest and prosecution EXCEPT in cases of FELONY.
Feinstein's possession of an AK, especially with the high capacity magazine, is a FELONY in DC (actually, multiple felonies). Section 6 only protects legislators from most misdemeanors and civil infractions - not felonies. Section 6 does not specify that the felony committed must be a FEDERAL felony; it states categorically that there is no immunity when the illegal act constitutes a felony. Even if there was a BATFE agent in the room with her at the time of her testimony, for the time during which the AK was being held by Sen. Feinstein, that firearm was out of the agent's custody and in the custody of the senator. Sen. Feinstein is not an officer of the court, nor is she a law enforcement officer - she is a legislator giving testimony. That means that her possession of a banned weapon and magazine in DC constitutes multiple felonies, which nullifies her Constitutional immunity from prosecution.
It's not going to happen, but she should be arrested and charged for the felonies she committed.