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Armed intruder shot and killed


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Old 05-14-2013, 09:28 PM   #11
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A two legged chair? That doesn't sound very stable to me. Maybe an old wooden headstone...

"Blondeeeeeeeeeeeee"!
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Old 05-14-2013, 09:33 PM   #12
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If the order is still in effect, and if your local law is similar to ours, you could have her arrested for the firearm access if the order forbids them. Me? I would let it lie and move on in peace. It sounds like a can of worms you really don't want to open unless you're forced to.
I wonder if she would have done it to him? And if THAT changes the situation any...

I knew a woman, about as offbalanced as her husband was a raving obnoxious a-hole, and when they were getting divorced she got a restraining order against just to have his guns taken away. He told her he was just gonna go buy a shotgun, that he wasn't gonna be disarmed, and that there was nothing she could about it. He was right. She went to the police and they agreed -- his guns were taken for "safekeeping" but he was not prohibited from posession of a firearm.

Wonder if Trip might have been disarmed in his jurisdiction? Maybe, possibly, for life if it had gone the other way!?
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Old 05-14-2013, 10:08 PM   #13
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Quote:
Originally Posted by Doc3402 View Post

If the order is still in effect, and if your local law is similar to ours, you could have her arrested for the firearm access if the order forbids them. Me? I would let it lie and move on in peace. It sounds like a can of worms you really don't want to open unless you're forced to.
I thought it was federal law? Don't they ask about it on the check form? I don't remember, even though I just bought a shotgun recently...

Either way, I do intend to let it lie in peace. I know she can't handle a gun, the custody papers give me the same legal footing the restraining order did, (except that she gets to see the kid now) and I damn sure wouldn't interfere with a hillbilly's hunting. That's like kicking someone's dog...
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Old 05-14-2013, 10:24 PM   #14
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Originally Posted by trip286 View Post
I thought it was federal law? Don't they ask about it on the check form? I don't remember, even though I just bought a shotgun recently...
It is asked on the purchasing form, and I believe it keeps you from purchasing a new gun nationwide if the order is active or within the last three years.

This part is another one of those check your local statutes things. In a few states it is not illegal to possess a firearm even if there is a protection order against you. These states hold the opinion that the Constitution trumps federal gun laws. Some will allow all guns, some will allow long guns. Other states completely forbid possession of firearms as long as the order is active, and some even require them to be turned in only to the local law enforcement agency.

There is good news. Once the order is no longer in effect you can file a motion to have them returned. I believe you will still have a three year wait for new purchases, even with the order returning your older guns.
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Old 05-14-2013, 10:28 PM   #15
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Originally Posted by HockaLouis View Post
I wonder if she would have done it to him? And if THAT changes the situation any...

I knew a woman, about as offbalanced as her husband was a raving obnoxious a-hole, and when they were getting divorced she got a restraining order against just to have his guns taken away. He told her he was just gonna go buy a shotgun, that he wasn't gonna be disarmed, and that there was nothing she could about it. He was right. She went to the police and they agreed -- his guns were taken for "safekeeping" but he was not prohibited from posession of a firearm.

Wonder if Trip might have been disarmed in his jurisdiction? Maybe, possibly, for life if it had gone the other way!?
If he is in a state that demands he surrender his guns it could have been for life, but it's highly doubtful. If he kept clean and waited until after the order expired, or if he had it vacated, there is no legal reason to keep his guns. He would have to have a judge sign a release order, but he should get them back.
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Old 05-14-2013, 10:29 PM   #16
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Well, as I said, I'm gonna let it lie. Besides, she's in West Virginia, the orders were from Mississippi, and I'm in Louisiana. If I wanted to press the matter, it just wouldn't be worth it.
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Old 05-14-2013, 10:32 PM   #17
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Well the order was never taken against me. She tried, but the judge literally laughed. She had already screwed up so bad under that same judge that if the judge weren't an openly biased woman (she admitted this herself, kinda pissed me off), the ex would have been in jail on multiple contempt charges.
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Old 05-14-2013, 10:38 PM   #18
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Well, as I said, I'm gonna let it lie. Besides, she's in West Virginia, the orders were from Mississippi, and I'm in Louisiana. If I wanted to press the matter, it just wouldn't be worth it.
I doubt you could press it with that distance involved. How do you explain having the information when they are so far away? Let it lie and don't lose any sleep over it. You and your kid are much better off now.
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Old 05-14-2013, 10:41 PM   #19
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Well explaining having the info is nothing, he was cleaning one of his rifles while they were video chatting on the internet.

But, I never even intended to cause them trouble, it was more an idle question than anything.
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Old 05-14-2013, 11:02 PM   #20
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Some people can be incredibly stupid.
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