OT: legal advice
 

A friend of mine is going thru a divorce and its getting real nasty....but anyway, at court yesterday the judge(female) ordered my friend to drug rehab(6 weeks), anger management classes(26 weeks), and take all of his guns to be destroyed! This guy has never been to jail or even had a speeding ticket. He has never had any domestic violence, drug, or liquor issues. He even has a permit to carry a conceled weapon issued by the state. My question is...how does this not violate his constitutional rights to own guns?

His x has been caught in lie after lie by the judge but at the end of court yesterday she told the judge she was scared he would do something to her and boom....he gets slammed with all these classes (about $2000 worth) and turn his guns over to the sheriff.

I know this doesn't pertain to this board...but i was hoping one of you legal types could explain.:mad: or one of you liberals :D

All the woman has to do is say she fears for her/childs life, and the guy will get SCREWED everytime !!!! :mad: :mad: Female judge should have been the first bit of bad news......

So what if a man says he is scared for his life???
:mad: :

mad: I was watching a thing on TV about women who kill their husbands or hire it done so they can collect insurance money.

Judges are not taking the violence potential lightly. According to our local Paper, Sat. night the police responded to a domestic violence call in our town, the police waited till the parties calmed down, and then left. At 9:00 am Sun. someone brought a women to the Emerg. room at our local Hosp. and ran away. The 35 year old women was dead from beating wounds. The police went to the boyfriend from the night before, and he confessed. Very tragic. I hear the feeling is, better safe then sorry. I am not saying your friend is violent. but the courts are one sided.

RT is right, all she has to do is SAY that she is scared, and the courts will REACT!! Having been thru a nasty divorce myself, I can tell your that your buddy needs all the documented incidents of his Ex's crazy behavior to show the court an established history or trend, I.E. Lying about everything!! I wish him the best of luck because the US divorce court system is definitely slanted towards the woman!!! I hope he has a GREAT lawyer, sounds like he will need one if not!
Hope this helps,
MD

I agree, in this circumstance they should have hauled his ass in. But Euby's buddy has absolutely no history of any violent behavior whatsoever !!! That's what I'm talking about....all a woman has to do is cry rape, and the guy is guilty until proven innocent.......

thats what gets me....there is absolutly no evidence to back up her claims. If he would have said I'm scared of her ....would she have to go to all these BS classes and turn in her guns(she has 2 that I know of) Probably not, and this is Indiana where girls can skin a buck and run a trout line.

Okay, so where's Troutly??;)

It seems to me that without a history of violence this is a clear violation of his constitutional rights. If the man has a current and valid firearm owners I.D., hasn't had any documented mental problems, and no criminal record - then he should get to keep his guns.
I'd be extremely curious as to what legal grounds the judge based her decision on.

And if this guy were really smart he'd get a better lawyer - immediately. Sounds like the one he currently has is an idiot.
Just my $0.02......

G-force...you just busted 1000...you post whore

no actually the lawyer he has is a real good one... and SHE was as frustrated as everyone else(she will be a judge in two months). she has already filed the appeals or whatever they do and told him don't do anything with the guns until the appeal is heard by a different judge. Just seems to be a case of political correctness run amuck.

I just feel sorry for him cause he is a true kickback to the old days...he believes in family first and all else second. He tried everything under the sun to please her and to keep his kids in a two parent household. He even caught her cheating and just ingnored it to keep the kids happy. If anybody deserves justice it would be him!

Personally he sould get rid of the guns anyhow. Not turn them into the cops, that is total BS, but sell them to a friend or get them swapped over to some one. Make sure all the proper paperwork is filed and they are transfered over legally. Then when all this mess is over he can get them back. However the last thing I would want around is that responsiblity and it is just one more thing that she can use against him as she already has. Then fight it tooth and naile to get them back. I am a gun owner and I would not want them around for the very reason that it is likly to be turned on me. Guns carry a bad stigma with them. If you own them you are a bad person or a wacko. We as responsible gun owners know that to be true, however situations like this make it all sticky. Good luck to your friend.

Jon

Ewwwwwwwwww......good idea!!!

audiofn
yea but wouldn't it be obvious what he was doing? transferring after the fact that they were ordered destroyed?

i know he has some shotguns that have been handed down from the family and some expensive civil war firearms that if it were me.... they would have to come get! They have no record of what he owns that he knows of, so i told him to take them some junk pistols and an old mossburg shotgun i have and screw em

Destroyed?! If they were used in a crime, then they can be confiscated. But if no crime has happened, then when the government takes your property, arn't they susposed to pay market rates for it. We have a neighborhood meeting this week because the government wants part of our common ground to enlarge a road. They will pay for the property.

euby, is this happening in Indy? If this were made public, the judge could have a hard time getting re-elected in Indiana.

On the other hand, if those bad bad guns are destroyed, then the wife will be safe, because those bad bad guns won't force your friend to use them. And surely, if he was so inclined to hurt the woman anyway, he is not smart enought to find any other method besides the guns he now owns. I'm sure the judge thought this one through:rolleyes:

If the law can make his destroy the guns, trying to get around the law may cause him more legal trouble than he really wants.

No Doubt Chart, Sounds like this judge is on one of those I am a woman hear me roar power trips.:rolleyes:

She may find out that her brash rulling might come back and bite her in the a$$ someday, I hope it does.

MY .02

yep...Marion county courthouse....i wish i had her name.
but then she may want my guns:confused:

has anybody ever heard of this happening anywhere else? I thought maybe there was some new law I hadn't heard about.

Sounds like she(the judge) may want to be Mayor...I've taken more guns off the street than anyone:
you park in a handicapped zone=we take you guns
we catch your dog out of the yard=we take your guns
you get caught speeding=we take your guns
you bounce a check=we take your guns

and thats just the beginning..
:mad:

if they did have a list of the old collectable guns he owned, it would be a terrible thing if someone broke into his residence and stole them. Of course it wouldnt be so bad if they were recovered after all this divorce thing was over. Not that i would ever think of doing it intentionally,:rolleyes: but stranger things have happened to nice people.:rolleyes:



my 2 cents Rob

MXZ, I like the way you think!:D

If these guns of your friends are not registerd then he can just hand them to whom ever he wants and he is set. Then they can come over to his house and search the whole place and they will find nothing. I find it VERY hard to believe that they can make him destroy Valuable family airlooms like that!!!! Actually this whole thing pisses me off and I have my guns all packed up and I am headed for the range in a few min. I will riffle some throught the bulls eye for you guys. There are no records of the guns then as you said bring them some crap. Hey I even found a rusty automatic frame out behind the shop the other day I will send it to ya. It is almost impossible to tell it is a gun but it is. Wonder what crime it was used in ;) ;) ;)

This just re-assures my theory, there's two ways to go thru life, married, or happy!

Not that I know much about any of this, but the NRA big on supporting the rights of responsible gun owners, They may be willing to have thier expert lawers that know how to deal with this issue, advise, or even refer a few case studies to your friends lawers, to help build a presidence of case studies for the appeal hearing. It's worth a shot.

It sounds like this whole thing sucks though.

Rob,

Very good point. The NRA would love to tackle a case like this; however, they would probably screen it to make sure that the friend in the scenario is "clean" - i.e. has no history violence, guns are properly registered, etc. They love to throw their weight behind a perfect case so that they can use it for their own purposes with the media later.

good point
wonder who i would contact just to see if they were interested. i'll have to start sending out emails cause I'd love to help him out.

i've know this guy for 25 years and i know he is totally clean and he was actually a special deputy for awhile.

as they were pryed from my cold , dead hand........... I wouldn't do anything without contacting.. the media... NRA ..of course several lawers....