Local judges authority? Is she in the right?

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cringle

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Hello everyone,
This is my first post here. I apologize if I posted in the wrong area. I will try to explain as best as I can without boring you.

21 March of this year my ex-wife pleaded to the court that she feared for my kids and her life’s. This is because I own several weapons. She has a perceived fear of me, but has never been able to explain why. She has continually contested that I am a violent person. There are no such events, or any type of proof of this. Not because I have not been caught, but because I am not a violent person.

There are no events or situations that support this claim of me being violent. This came up because once I moved back to New Mexico I began to open carry. She questioned me about this; I explained that it was my right. I was not harming any one, or threatening anyone. Well she played this perceived fear very well in court that the judge ordered that I am not allowed to carry or use my firearms while I have our children in my care.

I honestly have issues with this, because since then my conceal carry license was approved. By the state standard I meet all the qualifications. Part of her claim is that I suffer from PTSD. I do not have PTSD, and have been tested every time I came back from deployment. I am medically retired from the Army; this is from tearing all the ligaments in my knee. Three surgeries later, and the issue is still there. I do not suffer from any mental illnesses of any kind.

I am very frustrated at this entire situation. I have done nothing wrong, in fact I have done everything possible to ensure that I stay on the right side of the law.

V/R
Jeremy Cringle
 
Sounds to me like you should talk to a lawyer and consider an appeal. The judge may not be ruling on your right to carry firearms; rather, the judge may be arguing that as a condition of custody of your kids they may not be around them. This could be seen as a compromise.
 
I am truly sorry that you are being forced to go through this, and while I know it doesn’t help much this is not an unusual tactic your ex is using. The best advice is to seek the assistance of an attorney. My Cousin has been an attorney for years and one of his favorite saying is, “there is the truth and there are lies and there is what you can prove and only the later matters in court”. Good Luck.
 
I don't like having to say this, but lawyer up.
The Law is what the Judge says it is until overruled.

Do exactly what is ordered by that court until that--or another--court rules otherwise.
I say again, do exactly what the court has ordered pending a different ruling in the future.
 
Welcome to TFL, cringle.

As others have pointed out, what you need is a lawyer versed in the appropriate areas (domestic relations, criminal law, and firearms law), who is also licensed in your jurisdiction. A lawyer is expensive. We all know that. However, what you do not need to be doing is:
1) publicly advertising private details about your case;
2) by posting them on the internet; and
3) asking random strangers on gun boards for legal advice.

We're talking about a potentially life-altering situation here. While our TFL members are certainly well-meaning, I would caution you against asking us for legal advice, as very few of us are licensed to practice law, and even fewer licensed in your jurisdiction.

I'm going to close this because the best advice that we can give you (lawyer up) has already been given.
 
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