April 2014

Quarterly Report, Reporting Requirements

As we finish off another quarter, I want to remind all staff positions that the specific reporting requirements are in our Organization Document. The staff positions are listed under Staff, and each individual description has a "Reporting Requirements" section with a list of what each staff officer/NCO is required to include.

Help Wanted: LED road flares for traffic-control, safety marking

The Sheriff's Auxiliary is attempting to procure a supply of rechargeable LED road flares for traffic control and safety marking. In particular, we wish to eliminate the use of perchlorate flares which can be dangerous, especially in cases where flammable gases might be a hazard. The vendor, Aervoe Industries, Inc., has generously provided us with several units to evaluate and we are purchasing a 4-unit kit out of current funds.

Selected Missouri Case Law

  1. Mo. Rev. Stat. § 571.030.1(5) represented a reasonable exercise of the legislative prerogative to preserve public safety by regulating the possession of firearms by intoxicated individuals; the alleged facts constituted a violation of § 571.030.1(5) and were within the power of legislative regulation under the police power. State v. Richard, 298 S.W.3d 529, 2009 Mo. LEXIS 531 (Mo. 2009).

Broad LCS Auxiliary Policy Regarding the Bearing of Arms

The official policy of the LCS Auxiliary regarding armed citizenry is three-fold:

Declaration of Independence and Revolution

  • Intolerable Acts:
    • Also problems with paper money and lack of specie ("hard money") in Colonies
    • Rights not from government:

      ...We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness...
      Declaration of Independence

British Common Law and English Bill of Rights (1689)

  • British Bill of Rights (1689)
    • Attempt to disarm protestants --- presented to William and Mary
    • Claimed to 'restore' ancient rights; did not create anything;
    • Inspired US Bill of Rights; included:
      • No royal interference with the rule of law
      • "grants and promises of fines or forfeitures" before conviction are void
      • no excessive bail or "cruel and unusual" punishments may be imposed

Debate Over the Right/Duty of the Polity to Bear Arms For Personal and Civil Defense

 The whole constitutional set-up is intended to be neither democracy nor oligarchy but midway between the two--- what is sometimes called 'polity', *the members of which are those who bear arms*. [emphasis in original] ---Aristotle, "Politics"