Monday, August 22, 2011

Military Raids Nevada Gun Store

Posse Comitatus?
Clearly that is dead in America.
The military is NOT supposed to be used as law enforcement even if it claims to be retrieving its own stolen items.
It was reported that the U.S. Air Force raided a local gun store in Las Vegas on Friday.
the Air Force Office of Special Investigations that led the raid.... "They went in there and did in fact find stolen air force military property that was stolen from Nellis Air Force Base," says Linda Card with the Air Force OSI.
It's unclear what "basic military property" really is. We went to the Citadel Gun and Safe store Saturday it was open for business, but they promptly told us, not open for comment. After questioning the store owner and raiding his home, authorities have turned their investigation to Nellis Air Force Base.
It has always been the case that if a crime is committed on US soil that there are many law enforcement agencies which do the job of investigating and apprehending the perpetrators. Having the military go in and raid a store like this pushes the envelope just a little more in totally obliterating the notion of Posse Comitatus. This is just the beginning of something that is not very good: Police States are not good at all... and it looks as if they are pushing the boundaries until the military is fully engaged in policing the population.

We should not, as a population, allow ourselves to accept this - or be de-sensitized to this.

Posse Comitatus is a very important law. Posse Comitatus is a U.S. law that prohibits the use of federal troops from conducting law enforcement duties on domestic soil unless approved by Congress. There was a specific and thoughtful reason as to why it was established.

As long as the military is allowed to conduct raids like this - we should be concerned.. because their involvement in other law enforcement areas will no doubt be expanded.

I don't think the U.S. Military should be used to "keep the peace" or diffuse protests or direct their efforts against U.S. dissident groups. I don't believe the U.S. Military should be involved in control of civil unrest. The U.S. Military is meant to protect us, not silence us.

Americans need to keep their eye on this one.


Anonymous said...

Please understand the difference between a federal law enforcement and investigation organization and "the army". OSI is allowed to investigate ouside the gates of a military base and always has been. This is all more about which law enforcement agency has jurisdiction.

Judy Aron said...

Yes - and when does this "investigative organization" get more policing powers? OSI may be able to "investigate" but i don't believe they ought to be conducting raids. That is the job of law enforcement. The lines are being blurred, which is not a good thing.

Anonymous said...

Please read the following link:

Now you are informed.

Judy Aron said...

Ummm.. I happen to agree with a commenter on the article that you so graciously shared: and that commenter said this:

"My concern, when I first read about this, was not the OSI didn't have the legal authority to serve warrants, but that the principle behind the Posse Commitatus Act may have been violated. To find out that it was the Congress and not the military punching holes in Posse Comitatus is only slightly less concerning.

The whole point of Posse Comitatus is to never put the military in a conflict with its citizenry. (If such a conflict grows too big, it's called civil war.) The IG Act of 1978 apparently opens up that possibility. IMHO, that part of the Act which exempts the OSI from Posse Comitatus should be repealed immediately. The military should not have the authority to serve warrants on its own.

None of the articles answer the basic question: should force have been needed to serve this warrant, would military personel have been involved in using such force? If the FBI. And other non-military personel would have been the
only ones using that force, then I have little problem with this raid. But more generally, I have a huge problem with the fact that the military apparently has the authority to conduct such raids - it should be forced to work through a non-military agency to affect such raids."

Military SWAT type raids are not entirely necessary and only reinforce the notion that the US has become a police state. There were probably some much better ways that this situation could have been handled .. or do we need to continue to use WACO style tactics with lawbreakers?

Now YOU are informed.

Anonymous said...

You may not be aware, but OSI has civilian agents, as well as active duty military agents. A civilian OSI agent is a fully credentialed 1811 series federal agent. That simply means they have jurisdiction over civilian's just like any other LEO. The military did not simply serve this warrant on their own. Approval for a joint raid such as this would have the highest legal approval from the Air Force and the DOJ lawyers. A raid like this would only include civilian OSI agents, so that the Posse Comitatus Act was not violated.