Author Topic: Losing Rights  (Read 540 times)

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Offline nw_hunter

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Losing Rights
« on: November 09, 2010, 09:34:56 AM »
A good friend of mine just lost his right to own or carry a firearm.
This guy wouldn't harm a fly, and has never broken a law that I know of. Even a traffic violation.

I have known R. and his Mother for about 15 years, and they have been like family to me.
Two years ago his Mother, who is 87 yrs . old, had a restraining order placed against him for verbal abuse and stealing some cattle panels. R. Had bought the panels himself, had a receipt, and I was with him when he bought them.He paid for them with a personal check.I went to court with him, and thankfully my testimony was not needed. The judge sided with him on the panels, but he was not to have any contact with her, and never go on her property.He hasn't seen his Mother since that time (SAD).

Yesterday, he was paid a visit by the Sheriff's department, and handed another restraining order to continue the old one I suppose. He was told by the Deputy, he could not own or have a firearm in his possession. R. has never been a hunter, and never took up the shooting sport. He did carry a 22 cal. rifle in his farm truck to use against varmints if needed.He has been bothered by Coyotes, and Cougars in the past killing his sheep and calves.Now, a man who has never raised his hand against anyone, has lost his right to defend himself or his family because of a restraining order for verbal abuse.

Will sensible law and order ever return to the U S of A? >:(
Freedom Of Speech.....Once we lose it, every other freedom will follow.

Offline SHOOTALL

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Re: Losing Rights
« Reply #1 on: November 09, 2010, 09:40:11 AM »
That is a sad story.
Lets hope it will. There are those who lie to cause people problems like this also .
Has he talked with a lawyer about this ?
If ya can see it ya can hit it !

Online DDZ

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Re: Losing Rights
« Reply #2 on: November 09, 2010, 09:50:46 AM »
It is becoming easier and easier to have your firearms confiscated, just because someone claims they were threatened. I have a friend that was going through a divorce. His wife said that he had threatened her, so they took all his firearms. They had to haul them away in a van, because he had a big collection. After a number of months he did get them back, but it cost him a good bit of money to do so.
Those people who will not be governed by God will be ruled by tyrants.    Wm. Penn

Offline guzzijohn

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Re: Losing Rights
« Reply #3 on: November 09, 2010, 09:57:26 AM »
Unless there is more to this story than meets the eye it is time to lawyer up. Generally there has to be proven probable cause to obtain a restraining order and the fence thing sure does not sound like that. Some years back when I am quite sure that my brother was on meth, he assaulted our mother (in her upper 80s) and damaged her property. She would not request a restraining order and I could not get one without her cooperation. The local police did the best they could with what they had to work with.
GuzziJohn

Offline nw_hunter

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Re: Losing Rights
« Reply #4 on: November 09, 2010, 03:00:46 PM »
Unless there is more to this story than meets the eye it is time to lawyer up. Generally there has to be proven probable cause to obtain a restraining order and the fence thing sure does not sound like that. Some years back when I am quite sure that my brother was on meth, he assaulted our mother (in her upper 80s) and damaged her property. She would not request a restraining order and I could not get one without her cooperation. The local police did the best they could with what they had to work with.
GuzziJohn


I know both of these people involved very well, and know his Mother is suffering from dementia.When we arrived in court for the hearing two year's ago,we waited for quite some time before his Mother appeared and the judge was about to dismiss it, when she arrived. She was acting strange and the judge had to treat her as if she was a child. She cried at times and accused everyone of taking advantage of her.

The judge asked her why she thought she owned the panels and she replied.......Well they were on my property, so I must have bought them.There has been a lot of turmoil in that family, and she was being "I think" pressured into doing this by a daughter.

The judge asked her if I could could pick up the panels for her son and she said "Sure" He is like a son to me. I asked R. if he was going to fight the new restraining order, and he said "NO" He just wanted it all to end. I just cannot believe the court would and could take away his right to keep and bear arms over something like this.

 

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Offline AtlLaw

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Re: Losing Rights
« Reply #5 on: November 09, 2010, 05:18:12 PM »
It's hard to keep quiet on this one...  :(  but something isn't right.  Have your friend contact a lawyer.
Richard
Former Captain of Horse, keeper of the peace and interpreter of statute.  Currently a Gentleman of leisure.
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Offline nw_hunter

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Re: Losing Rights
« Reply #6 on: November 09, 2010, 07:42:34 PM »
It's hard to keep quiet on this one...  :(  but something isn't right.  Have your friend contact a lawyer.




I didn't really have time today to get all the details about it, but will speak to him about it again.
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Offline nw_hunter

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Re: Losing Rights
« Reply #7 on: November 10, 2010, 03:27:46 AM »
Not unusual...restraining orders against you usually mean you don't get weapons or to keep them. Violation can mean some serious jail time, too. Might want to be careful getting too involved with this one or you could get a restraining order slapped on you.....For your friend to p/up stuff at his relatives house may mean a sheriff has to accompany him...read the restraining order.  Things very often get all screwed up once the Law and police get involved given a particular 'way' of thinking that business has.

TM7
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That's for sure!
The only thing he had left at his Mom's place, was some other farm implements.
I was given permission by his Mom and the court to pick them up for him, and did so two years ago.

He has had no contact with his Mother since then, and I don't really know why this new restraining order was served. I hate getting involved with family business >:(
I am close to both of them, and have tried to remain neutral through this thing, but it's not easy. ;D
Freedom Of Speech.....Once we lose it, every other freedom will follow.

Offline Squib

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Re: Losing Rights
« Reply #8 on: November 10, 2010, 06:04:28 PM »
if you say you don't have any weapons, then how do they know?  you don't have to incriminate yourself by telling them you do, and you don't have to let them search your house.  his concealed carry, vehicle carry, transportation and usage are mostly voided I imagine, but who's gonna come and get the guns from his residence?

and why didn't he fight the restraining order from a demented person, and why did the judge sign it?  I think the judge would know better.  I think I know better than to believe this.  this story is missing something ...

Offline bobg

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Re: Losing Rights
« Reply #9 on: November 11, 2010, 01:05:54 AM »
   That sounds like the state of NY to me. The same thing happened to me. Some of you folks better get off your high horse and believe this does happen. The person that filed the complaint against me admitted that it never happened. The charges were dropped from a felony to a misdemeaner. My lawyer said the only reason i was charged with anything was to keep me from fileing an illegal arrest against the state police. As far as them knowing you have guns. The person that filed the complaint told the cops i owned firearms. I was working nights when the state boys showed up to get my guns. My daughter was there feeding my dogs. She thought she had to let them in. They took 32 firearms. 12 were hand guns. My lawyer got my long guns back but the state revoked my pistol permit and i couldn't get the hand guns back. I was allowed to sell them to a person with an FFL. I wanted to file an unreasonable search and seizure against the troopers. My lawyer told me to give it a lot of thought first. Told me if i did i would be pulled over for something everytime i pulled out of my driveway. Please don't give me the BS that there is more to this than i am saying because there damn well isn't. Now after my long rant. Innocent people can be charged with a crime they didn't do.

Online DDZ

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Re: Losing Rights
« Reply #10 on: November 11, 2010, 01:42:34 AM »
Isn't it easy to always think there must me more to the story when someone has their guns removed from their possession. Just like my friends divorce. It was a matter of he said she said, no proof, and the sheriff came and took his guns. Thinking that this kind of crap doesn't happen unless you are a real bad guy, just makes it all the more easier for them to make laws to remove firearms for lesser crimes, or no crimes at all.   
Those people who will not be governed by God will be ruled by tyrants.    Wm. Penn

Offline nw_hunter

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Re: Losing Rights
« Reply #11 on: November 11, 2010, 10:19:03 AM »
if you say you don't have any weapons, then how do they know?  you don't have to incriminate yourself by telling them you do, and you don't have to let them search your house.  his concealed carry, vehicle carry, transportation and usage are mostly voided I imagine, but who's gonna come and get the guns from his residence?

and why didn't he fight the restraining order from a demented person, and why did the judge sign it?  I think the judge would know better.  I think I know better than to believe this.  this story is missing something ...


First let me say, SQUID.......... I don't really give a "BLEEP" whether you believe me or not.
I relayed the story as it was told to me by a very good friend.He does not have a reputation of making up stories and I haven't had a chance to go into detail with him about what transpired between him and the Deputy.I will as soon as I get the chance. I was with him in court when this thing started two years ago, and thought it was over. Evidently it isn't.I'll post more on this later, and try very hard not to lie about it ::)
Freedom Of Speech.....Once we lose it, every other freedom will follow.