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NJ: Man Stabbed by Wife - Police Destroy Safes, Take his Guns
Gun Watch ^ | 12 August, 2014 | Dean Weingarten

Posted on 08/12/2014 2:49:07 PM PDT by marktwain


Robert Lintner, 64 was seen holding his wife outside his home and calling for neighbors to call police.  He had been stabbed in the neck by his wife in a domestic dispute.   His wife is 65.   She was arrested, and he was treated and released. 

Then it gets interesting.   Remember, this is New Jersey, where the government says that you have no rights to weapons, only what the state allows you.  From nj.com:


Following standard protocol, officers responding to the domestic incident tried to secure any weapons in the house, the chief said. When Lintner would not cooperate, police got a search warrant and called in firefighters to use the Jaws of Life to crack open several 6-foot-tall storage safes.
The police took about 200 firearms from the house, as well as tens of thousands of rounds of ammunition.   They also found a fair amount of gunpowder, claimed at 300 lbs in initial reports.

Mr. Lintner was released after posting $2,500 bail ahead of a municipal court hearing.   He is charged with "creating a risk of widespread hazard" for the storage of the gunpowder.   His wife was released on $75,000 bail and has been ordered to have no contact with her husband.

So, the police are claiming that they can search your home if anyone from it is accused of domestic violence?   And if refused, they can obtain a warrant to search it anyway?   From Mindlesspuppet's  comment at the site:


"Standard protocol " is also a violation of the NJ Criminal Code :

(3) No victim shall be denied relief or arrested or charged under this act with an offense because the victim used reasonable force in self defense against domestic violence by an attacker. 

d. (1) In addition to a law enforcement officer's authority to seize any weapon that is contraband, evidence or an instrumentality of crime, a law enforcement officer who has probable cause to believe that an act of domestic violence has been committed shall: 

(a) question persons present to determine whether there are weapons on the premises; and 

(b) upon observing or learning that a weapon is present on the premises, seize any weapon that the officer reasonably believes would expose the victim to a risk of serious bodily injury. If a law enforcement officer seizes any firearm pursuant to this paragraph, the officer shall also seize any firearm purchaser identification card or permit to purchase a handgun issued to the person accused of the act of domestic violence

The only weapon that should have been seized is the knife. 

She used the knife to attack him! 

Weapons are seized if an officer reasonably believes they pose a risk to the VICTIM. 

The language is very clear. 

It's obviously a bogus warrant the Judge issued. When that gets thrown out , you have nothing. Doesn't matter what they find if the warrant was defective.
I am not a lawyer, but I suspect that even if evidence is thrown out, this man will never be made whole.   The police are investigating to see if any of the firearms are not "legal", which in New Jersey is a fairly high standard.   Remember, in New Jersey, many Marlin .22 rifles are legally "assault weapons".


©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch


TOPICS: Government; Politics
KEYWORDS: banglist; confiscation; gunpowder; nj
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Registration is confiscation. Did not register *all* your guns? Find one unregistered, all are forfeit.
1 posted on 08/12/2014 2:49:07 PM PDT by marktwain
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To: marktwain

They were ALREADY “secure”


2 posted on 08/12/2014 2:50:24 PM PDT by Mr. K (Palin/Cruz 2016)
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To: marktwain

I hope he sues their asses AND WINS a ton of money - but mostly to set PRECEDENT


3 posted on 08/12/2014 2:51:29 PM PDT by Mr. K (Palin/Cruz 2016)
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To: marktwain

Why live in a pisshole like NJ?

Wait! Forget I said that.

I don’t want them leaving and polluting other parts of the country.


4 posted on 08/12/2014 2:52:51 PM PDT by x1stcav (Leftism is like rust. It corrodes twenty-four hous a day.)
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To: marktwain

Now that I think about it, he should have gone back to rule #1:

Never, ever get the police involved.

He should’ve just snuffed her.


5 posted on 08/12/2014 2:55:13 PM PDT by x1stcav (Leftism is like rust. It corrodes twenty-four hous a day.)
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To: x1stcav

Drove through it once, it smelled bad.


6 posted on 08/12/2014 2:55:43 PM PDT by Fungi (Read this post only if you are willing to accept the following: John:8:32.)
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To: marktwain
They also found a fair amount of gunpowder, claimed at 300 lbs in initial reports.

Which will make a dang big boom if mishandled.

7 posted on 08/12/2014 3:00:05 PM PDT by Sherman Logan (Perception wins all the battles. Reality wins all the wars.)
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To: marktwain
He was prepared, but not for this.

8 posted on 08/12/2014 3:01:43 PM PDT by BitWielder1 (Corporate Profits are better than Government Waste)
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To: marktwain

Illegal search and seizure, despite the state laws. The Constitution trumps state laws.

There was no probable cause. If this goes to the SCOTUS (as it is currently configured), the guy will win big time.


9 posted on 08/12/2014 3:02:03 PM PDT by neocon1984
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To: marktwain

The same “Nobody needs an AR-15 to shoot deer” crowd will justify nobody needs >200 firearms and thousands rounds of ammo.

The guy will be lucky to get any of his collections back.


10 posted on 08/12/2014 3:02:41 PM PDT by Sir Napsalot (Pravda + Useful Idiots = CCCP; JournOList + Useful Idiots = DopeyChangey!)
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To: x1stcav

If the wife filed a domestic violence claim, the result would be the same.


11 posted on 08/12/2014 3:03:59 PM PDT by Sir Napsalot (Pravda + Useful Idiots = CCCP; JournOList + Useful Idiots = DopeyChangey!)
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To: Sherman Logan

Could make a big boom if mishandled just right. It would have to be in a container that would pressurize the burn. Most gunpowder is sold in containers designed to allow it to burn rather than explode. It is classified as a “propellant” rather than an explosive.

I do not know exactly how it was contained. But it was likely about as dangerous as 10 five gallon cans of gasoline.


12 posted on 08/12/2014 3:04:05 PM PDT by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: Fungi
"Drove through it once, it smelled bad."

And they have the gall to charge you for the "privilege"!

13 posted on 08/12/2014 3:05:51 PM PDT by Paladin2
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To: Sherman Logan
It has to be contained so as to make pressure. Smokeless poweder in an unchambered round "cooks off" pretty slow, compared with the velocity of ignition when chambered.

I doubt he had 300 pounds in one container/place, too.

14 posted on 08/12/2014 3:05:59 PM PDT by Cboldt
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To: marktwain

Right, of course.


15 posted on 08/12/2014 3:06:26 PM PDT by Sherman Logan (Perception wins all the battles. Reality wins all the wars.)
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To: marktwain
-- But it was likely about as dangerous as 10 five gallon cans of gasoline. --

I'd say less dangerous than that 300# of gasoline. The gasoline can create a potentially explosive mixture with air, gunpowder can't do that.

16 posted on 08/12/2014 3:08:42 PM PDT by Cboldt
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To: marktwain

This is and was nothing more than FELONY ARMED ROBBERY, The warrant will be Tossed, they know it, and they knew it when they got it. The ENTIRE Police Force belongs in PRISON, as well as the scumbag lawyer in a dress that signed the BOGUS WARRANT.

When we start making these people PAY for OWN MISDEEDS instead of the Taxpayers, it will change overnight.


17 posted on 08/12/2014 3:11:34 PM PDT by eyeamok
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To: marktwain

IIRC my municipality does not have a cap on the amount of gunpowder I can store but if it is over 20lb’s it is required to be stored in a 1” thick wooden box (or similar container). Further I think my homeowner’s insurance only lets me have 20 lbs in my house.

If he violated some municple code on powder storage that should warrant a ticket and nothing more. There is no fate too horrible for the rotten gun grabbing scum in power in NJ.


18 posted on 08/12/2014 3:13:32 PM PDT by RightOnTheBorder
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To: x1stcav
Agreed, let those who voted in these laws be forced to smell their own shit.
Don't spread it out to the Constitutional states.
19 posted on 08/12/2014 3:16:11 PM PDT by MaxMax (Pay Attention and you'll be pissed off too! FIRE BOEHNER, NOW!)
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To: Cboldt

Seems to me that folks should keep one registered gun in the home for protection and for confiscation. Case closed, one gun lost. Why would anybody keep that many guns in their home? That is asking for trouble.


20 posted on 08/12/2014 3:18:49 PM PDT by WVNan
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