Be careful, or you could lose your CCW

You can blame Bill Clinton for that little gem. He added the provision that made misdemeanor domestic violence a prohibition for weapons ownership. What amazes me is that the law also applies to civil complaints of domestic violence, such as the one in my case. My case was civil, not criminal, which means that the bar for making such a restriction permanent is much lower, and there is no jury trial.

The law that allows this says:

(a) Any person described in paragraph (e), who is either the victim of domestic violence as defined in s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, has standing in the circuit court to file a sworn petition for an injunction for protection against domestic violence.
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Even better, under Florida law, the hearing may be held ex parte. As soon as the injunction is made, you must surrender your CWP and all weapons to the police, or be jailed for contempt.

I found this site to be very informative.

Here is what the lawyer that runs the site says:

The statutes on domestic violence offenses and domestic violence injunctions are painted with a very wide brush. This means that a little knowledge can be very dangerous. A person who falsely claims abuse - files a report or an injunction, sheds a tear before the court - is very likely to get what he/she wants. There is currently no corresponding enhanced punishment for people who file false claims of domestic violence against their husband, wife, boyfriend, girlfriend, or sexual partner and the typical policy at Offices of the State Attorney is to not pursue charges of False Report of a Crime against false victims of domestic violence.
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So, they won't even pursue her for the false claim. I tried.
 
Really though, I'm sure there are many countries around the World that allow their Citizens the Right to own Firearms. Heck, look at all the AK's(full auto too) that Citizens of Iraq were allowed to own.
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I think you need to rethink your entire line here:rolleyes:

Yes I am and No I am not.
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So what you are saying is in NY a person can lose his firearm without Notice and opportunity to be heard?

WildpleasecorrectmeifiamwrongAlaska ™
 
This should be made public in the clear everywhere about NY to deter as many people as possible. I know that I for one will refuse to live in an anti gun state. Period. It's not worth my life or putting up with any amount of this nonsense.
 
So what you are saying is in NY a person can lose his firearm without Notice and opportunity to be heard?
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You can peteition the same authoties that made the decision to reverse it after you have already been disarmed. As soon as they decide you are not to have them a couple nice officers from the office can drive straight to your home and demand them. You can find out about this happenning as soon as you answer the doorbell.
 
The Florida Law on domestic violence is almost as bad:

(5)(a) When it appears to the court that an immediate and present danger of domestic violence exists, the court may grant a temporary injunction ex parte, pending a full hearing, and may grant such relief as the court deems proper, including an injunction:
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In other words, if the judge feels it is necessary (like he did in my case) the initial hearing is held ex parte, and you find out about it (as I did) when the deputy serves you with the order. In the order, there is a paragraph that states your license is suspended, and that you must turn in all weapons that you own.

Knowing that police frequently destroy firearms that come into their possession, I sold them to my brother in law.

Here is a biased article on a story like mine.
 
A cousin of mine had been married to a woman for about 10 years. She developed severe depression. She attempted suicide and ended up in the hospital. They were investigating my cousin, thinking he attacked her. (Colorado is a no-charge state, meaning the government will press charges even if the domestic victim does not)

Luckily for my cousin (sad for his wife), when she returned home after recovering in the hospital from her first suicide attempt, my aunt was there helping with things...my cousin was out at work. The woman locked herself in the 2nd floor bathroom, stabbed herself with a kitchen knife and jumped from the window. She really hurt herself that time. Because of that, my cousin's investigation was over and he is taking the kids and separating from her.

Could have been a lot worse for my cousin had she not done what she did the second time.
 
Oh, I almost forgot-

The judge also said that her refusing to return my car was not a crime, but a civil matter. He said that by towing the car when I found it, even though it was mine and not hers, I was "stalking" her. My attorney was able to use that statement, as well as others, to get the judge recused. I would post the filings, but the file is an inch thick and has personal identifiers all over it.

The judge's name is Ron Legendre, and he is no longer on the domestic court, he does criminal court now. Wanna bet his anti-gun attitude is still intact?
 
A buddy of mine had his CCW and lost it over an "alleged" domestic violence incident. Without killing everyone with the details, his girlfriend was living with him at his house. He tried to break up and asked her to move but she refused. A verbal shouting match ensured and he left to stay with his father for the night. The next day, she went to the police claimed he abused her. He was brought up on charges of domestic abuse and the kicker is, the judge ordered him out of his house. For a period of two months she lived in his house while he paid the mortage. He finally got her removed, he moved back in and had to call the police as she tried to break in several times. He now has a restraining order against her and she has been in and out of jail on bad check, stolen car and drug charges. Every time she gets out, she starts calling him. He literally gets chills when she calls where he works.

After all this however, his CCW is gone and he can't get another due to the fradulent domestic violence charge against him.

Moral of the story: never shack with a chick when her ex-husband, who has been very nice to you, pulls you aside and warns you that she will ruin your life and that he feels very sorry for you.
 
So basically, in matters of domestic violence, at least in NY State you are guilty until you can prove otherwise. That sounds like a total B.S. law and another great reason to move out of NY State.
On a side note, several years ago my wife, kids and I went to Sea World in San Diego, CA. We stopped in at a little resturant in Carl's Bad to eat, man, that's a neat little city, if it wasn't for the crappy anti-gun laws in CA. I wouldn't mind living there but like I said, they have crappy anti-gun laws so it's a place I'll NEVER live. I tend to plan where I'll live according to the firearms laws as much as anything else. Bad gun laws means a "no go" on living there. Good gun laws, like AZ. has, means I will live there. It's just that smiple and my Freedom to own firearms is THAT important.
 
So basically, in matters of domestic violence, at least in NY State you are guilty until you can prove otherwise. That sounds like a total B.S. law and another great reason to move out of NY State.
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Says who? Nobody has bothered referencing NY DV law yet.....

WildorevenreaditibetAlaska ™
 
I just don't understand how a Judge can take property from someone without Due Process. This is a standard that needs to be over turned. What's next, taking your driver lic. because they "think" you might have been driving drunk? If they can persent evidence that you WERE drunk then by all means take the driver's lic. but until they do you should be free to keep them. You should be free to keep your guns until they prove you've commited domestic violence. Even then I still can't see how they can yank your 2nd. Amend. Rights over a Misdemeanor, like I said, what's next, parking tickets. This country has really gone to hell in a handbasket.
 
It's a good thing, WA, that you are stuck up there in Alaska and don't see the decline in our society that those of us in the lower 48 see on a daily basis...or, I may ask what planet you were living on...lol
 
.or, I may ask what planet you were living on...lol
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Wait a sec....So I ask some legitimate questions and get ad hominems in return?

Perhaps you should check the rules. Methinks an edit is in order, you are new, I wont hit the report button yet.

WildandstillnoanswertothequestionAlaska ™
 
From what I've seen and read on this board and others is that people move in and live with each other with out ever really knowing the other person in the relationship.

Then, after things go bad they are surprised how vindictive they get and to what lengths they will go. I've dealt with this on a first hand basis, getting calls on service to this type of situation. Desperate people - especially when children are involved, will do whatever it takes to preserve what they perceive as their status quo.

So it would behoove those who are willing to share a domicile or other means that in legalize - make you [common law or otherwise] vunarable to this type of action, should things go south.

12-34hom
 
WA: is *this* incident documented well enough for you?

http://www.equalccw.com/johnlaws/

We have guns grabbed immediately following the filing of a DV restraining order (per Oregon law).

We have the lurid "extra" of the guy being declared dead and property raided.

And then when he dares to turn up alive, he gets false DV charges thrown at him by the same accuser who claimed he was dead AND the same cop who wrote him up the first time and then helped the "widow" raid assets on that basis (the "widow") part.

Now. If it can get THIS bad, you're ready to automatically go all skeptical on the rest?
 
Been there, done that. Welcome to the guilty before proven innocent survivors. How do you like the justice? system? Try family court on for size sometime. It works the same way. Sorry you had to experience these travesties first hand, but if I posted what happened to me, nobody would believe it. All a woman has to do is say she's afraid of you and your CWP is history. Better days will come. CB.
 
Says who? Nobody has bothered referencing NY DV law yet.....
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Wild, the law in NY requires a permit to OWN a handgun. That permit may be revoked and the weapons confiscated by the issuing authority at any time and for any reason they want. It is 100% discretionary. There is no law needed. IT IS DISCRETIONARY. If the office that approved my permit decided tonight to revoke or suspend it and take my guns I could do nothing but appeal TO THEM after the fact. There is not higher court to go to. In most of NY State the Judges are the issuing authority. Long Island is the exception as it is the local county police (or sheriff in the western half of Suffolk). The same judges who have the power to revoke or issue as they please then decided they are the ultimate authority. You have no higher court to appeal to because the judges themselves, already automatically qualifying for a lifetime NY concealed carry permit, interpreted the law to mean they could do as they please. Without a major legislative rewrite of the law (not likely in liberal land) they do as they please here. Our only hope really is a SCOTUS case.

I know you have this thing about always believing the gov't first on all matters but come on. Unless you are in a cave you have to know the turn that domestic violence laws and behavior by officials have taken.
 
WA: is *this* incident documented well enough for you?
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Um Jim that was an incident involving fraud that I cant beleive has not been the subject of civil litigation in state and federal court. Care to enlighten me as to why?

We have guns grabbed immediately following the filing of a DV restraining order (per Oregon law).
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I beleive that the law in EVERY state entails surrending of firearms on the issuance of an ex parte DV restraining order. What happens next is the key and thats what I keep referring to.

If it can get THIS bad, you're ready to automatically go all skeptical on the rest?
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I dont condemn everything based on one thing, just like I dont pass judgement on all gun owners for the actions of a few.

Wild, the law in NY requires a permit to OWN a handgun.
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I know that.

That permit may be revoked and the weapons confiscated by the issuing authority at any time and for any reason they want.
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That is incorrect.

There is not higher court to go to
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That is incorrect.

You have no higher court to appeal to because the judges themselves, already automatically qualifying for a lifetime NY concealed carry permit, interpreted the law to mean they could do as they please. Without a major legislative rewrite of the law (not likely in liberal land) they do as they please here.
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Just so we are clear...are you contending, in the State of NY, that NO judge has ever reinstated an improperly revoked or suspended permit?In addition thereto, are you contending that in the State of NY, no Judge has ever overidden the decision not to grant a permit?

Answer those questions please.

I know you have this thing about always believing the gov't first on all matters but come on.
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Well surely I would beleive a published Court decsion before internet allegations? After all, without reference whatsoever or in any fashion referring to the OP, anyone can come on the net and claim anything they want, cant they. If we are going to make much ado, isnt it better to know the basics of the ado?

WildandnanswerthequestionspleaseAlaska TM
 
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