• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Little help understanding how feds can affect a state level,EPRO statute?

solus

Regular Member
Joined
Aug 22, 2013
Messages
7,977
Location
here nc
Quote, Shane Kohfield stood outside the home of Portland’s mayor in July wearing body armor and a “Make America Great Again” baseball cap, a large knife strapped to one shoulder and a copy of his concealed weapons permit displayed on the other.

“If antifa gets to the point where they start killing us, I’m going to kill them next,” Kohfield, 32, said. “I’d slaughter them and I have a detailed plan on how I would
wipe out antifa.”

That threat pushed the FBI’s Joint Terrorism Task to take a series of extraordinary steps against Kohfield, including temporary seizure of a cache of his firearms under Oregon’s new “red flag” law aimed at preventing gun violence, The Oregonian/OregonLive has learned.

The task force also had the ex-Marine committed to a veterans’ hospital in Portland. He spent the next 20 days there. [really??]

Though Kohfield wasn’t accused or charged with any crimes, police took no chances and prevented him from attending the rally as he repeatedly had promised to do on social media after his confrontation at Mayor Ted Wheeler’s house. Unquote.


So how does the FBI enforce a state level statute without charging the suspect let alone how do the feds incarcerate him for 20 days in a MH ~ VA hospital at that!
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
4,710
Location
Cincinnati, Ohio, USA


Another belief crime.

or
 

Doug_Nightmare

Active member
Joined
Nov 21, 2018
Messages
306
The feds enjoy concurrent jursidiction with the states for a number of civil issues under 28 USC 1331 & 1332. Protection Orders are a civil issue with varying burdens of proof among the states. Oregon (and Pennsylvania) are notorious for requiring only a preponderance of evidence.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
7,977
Location
here nc
The feds enjoy concurrent jursidiction with the states for a number of civil issues under 28 USC 1331 & 1332. Protection Orders are a civil issue with varying burdens of proof among the states. Oregon (and Pennsylvania) are notorious for requiring only a preponderance of evidence.
28 U.S. Code § 1331.Federal question
The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.


28 U.S. Code § 1332.Diversity of citizenship; amount in controversy; costs
(a)The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between— Snipppppp irrelevant ...


Blah blah nada a thing to do with concurrent jurisdiction...

Lecture over eh dougie?
 
Top