State Sees Instant Results in Electronic Gun Checks

NY Times ^ | December 25, 2004 | FOX BUTTERFIELD

[JudgemAll]

I know of a case where a woman gave her estranged husband's guns to her foreign boyfriend (ILLEGALY thus!). He was threatened by him and what not. Called ATF/DOJ, they did nothing.

Gun confiscation laws are selectively applied against the white male the gov fears and the radical leftists hate and wish to kill freely and "pogromize".

[mad_as_he$$]

Not enough tin foil!!!! Here in Nevada a woman can go to the Sheriff's office and have a TPO put in place instantly - NO judge, NO jury, NO hearing. If they respond to a domestic at an address somebody is getting hooked up and going to the crossbar hotel. You will get a hearing later but in the meantime you can't live in your own domicile. IF the judge grants a restraining order you will be marked and your guns taken along with most personal property that you did not have time to get out of the house.

Oh yea when the TPO goes into effect you generally CANNOT take your guns from the residence - only clothes, depends on the cop at the scene.It is a bad situation.

Guys I work with get stuck in it all the time. Just last week a kid got locked up overnight, missed work and the rest of his life cause he picked up some psycho b@tch at a bar , went to her house, she wigged out and threw a phone at the wall, neighbor called 911 - he claim he never touched her - I believe him. Court in 45 days and TPO in effect. He's is just lucky he was at her place.

[cc2k]

NYTexan wrote:

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Under most circumstances a person has to to have reasonable cause for a restraining order.

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Not exactly. In Gwinnett County Georgia, every divorce proceeding results in two restraining orders, one "protective order" for each party in the divorce. It's issued summarily to everyone who files for divorce. If you live in Gwinnett County Georgia and you get a divorce, both you and your former spouse forever lose your 2nd amendment rights.

[agitator]

A customer stupid clod of sheep dung bleeding from his rear end at Four Seasons Firearms who collects handguns said he had no objection to the electronic system "because I have nothing to hide."

[The Spirit Of Allegiance]

"the Woburn police went to the man's house and confiscated his guns, all 13 of them"


And of course the police dutifully gave possession of them to the woman being protected by nothing but a piece of legal paper, right? They didn't? Oh.

/sarcasm off

[The Spirit Of Allegiance]

"If you live in Gwinnett County Georgia and you get a divorce, both you and your former spouse forever lose your 2nd amendment rights."

And you voters are TAKING THAT from your public servants?!?

[agitator]

Article V. All power residing originally in the people, and being derived from them, the several magistrates and officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them.

Now the question is, if I cannot personally deny you a natural right, can I delegate authority I don't have to my "substitutes and agents" in government? The answer is NO. Does a bunch of lawyers dancing around a fire shaking chicken bones and screaming "compelling state interest" change that?  NO. Americans have forgotten the concept of principal and agent.

 

If you can't personally make a fundamental, natural right enjoyed by your next door neighbor illegal with his compliance enforced at the point of your gun (require a license., i.e., permission to do that which would otherwise be illegal), neither can your substitute & agent in government. How many other natural rights are now illegal?

[buccaneer81]

How the hell can they take someone's weapons with as little as an unproven restraining order?

Dude, it happened to me during my divorce. In Hilliard.

[Travis McGee]

"Moments after a court placed a woman's husband under a restraining order, a notice about the order popped up on a new computer terminal at the police station here. Given that information, the Woburn police went to the man's house and confiscated his guns, all 13 of them."

[longtermmemmory]

agreed, I have seen degrees petitioned on little more than spite.

I find it very disturbing that the police can now sieze personal property without a court order or compensation. In addition the owner is not even given a chance to place the property with other relatives.

[Travis McGee]

You're wrong. TRO's are now standard "boiler plate" offered by divorce lawyers to increase the leverage on husbands. Just a standard twist of the legal screws. No proof needed at all, just her word.

[Squantos]

Whats not written here is also key....had all 13 not been there he'd have been arrested......

[Lurker]

I remember that thread.

Glad to see you back old friend.

L

[Lurker]

When my ex hit me with a TRO the judge gave me 7 days to 'rid myself' of my firearms or face Federal charges.

I got them to my brothers house the next day.

Then over the next 6 days I filed an Emergency Motion to appeal the TRO and gave the judge 6 pages of documentary evidence that my wife had perjured herself and demanded that he refer the case for prosecution.

The judges response was 'no harm, no foul' and then he vacated the order.

No harm my ass. It cost me an extra grand to get the damned thing vacated.

L

[Travis McGee]

I think a lot of folks screwed by TROs would say a grand was cheap. Glad to hear it worked out for you, I wish there was "boiler plate" you could generate and post with a "how to beat a lying b!+c#'s lying TRO" guide. Sounds like you did it the best way, hard and fast.

[Travis McGee]

So even if he had already put some of his weapons "off site," they'd take him in for violating his TRO?

Does a TRO like this ever expire, say after divorce, or if the husband moves out of state?

Does a no-guns RO mean he's just plain screwed forever, RKBA-wise?

[Squantos]

IMHO and limited knowledge of each states laws I'd say in this situation ........yes on all counts. The FOIC thang that some states have adopted make you responsible for a firearm and it's security until ya get it officially removed from your FOIC (Firearms Owners ID Card). They do a random check or this TRO RO thang on ya at Oh Early Thirthy the old "it was stolen" won't fly and ya get room and board at the grey bar inn till ya fess up.....incrementalism is still upon us and it's almost time for frogs legs.

[Cogadh na Sith]

Right now I could call my lawyer and have a restraining order put on you 'because I felt threatened by your aggressive posts....'

You would lose your guns until the hearing--probably several months away. Even if the order is vacated during the hearing, what are your chances of getting your guns back?

This can happen to anyone....

[Southack]

"On Wednesday, for example, moments after a court placed a woman's husband under a restraining order, a notice about the order popped up on a new computer terminal at the police station here. Given that information, the Woburn police went to the man's house and confiscated his guns, all 13 of them."

Due process apparently doesn't exist in some blue states...

[wardaddy]

Wow. Where is the current administration on this type of destruction of the 2nd amendment? My ears are open but I'm not hearing much chatter. This is a trail that will lead to bloodshed. I'm not sure who will win....us and our kind or government forces. It will be horrible. In the beginning, it will look like a few zealots going off. Need we be reminded where all this leads.

God bless everyone.

They are listening right now to all of us here..bastards..and they can kiss my ass. I am raising my spawn to carry on the fight. And to think we waste resources and liberties over this shite while the Islamists are at our throats and our culture is eroded by la migra 24-7. We are governed by the weak...at least in Massachusetts.