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Firearms Legal Protection

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Thread: ABC News: Firearm Confiscation Orders Part of Solution to Mass Public Attacks

  1. #1
    Front Page News Moderator/Editor Smokepole's Avatar
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    ABC News: Firearm Confiscation Orders Part of Solution to Mass Public Attacks

    ABC News: Firearm Confiscation Orders Part of Solution to Mass Public Attacks

    AWR Hawkins
    Breitbart
    November 11th. 2017



    Senate Democrats pushed nine different gun controls during the past six weeks, and ABC News has now emerged with a tenth gun law which they suggest may be the ringer.

    That law would legalize firearm confiscation orders like those in Washington state. Such orders allow a judge to issue an ex parte order for the confiscation of an American’s firearms. This means the order can be issued without the firearm owner even being present for the process. His or her first knowledge of the order would come when police knocked on their door to sweep the house for firearms.

    According to ABC News, the orders are supported by Sandy Hook Promise, the gun control group to which Tim McGraw donated concert proceeds in July 2015. The firearm confiscation orders are also supported by Michael Bloomberg-funded Everytown for Gun Safety.

    In fact, ABC News reported that Everytown claims “4,500 Americans died due to gun violence in August” of this year. This claim is misleading in a number of ways.

    For one, it does not differentiate between Americans who die due to suicide versus those who die via gun crime, homicide. Gun crime only makes up one-third of gun deaths each year in America. Two-thirds of the deaths are suicides.

    The second misleading aspect of claiming “4,500 Americans died due to gun violence in August” is that the annual average for gun deaths is 31,000 to 33,000 (and the vast majority of these are suicides, as previously noted). If 4,500 were being killed each month, that would push the total number of gun deaths to 54,000 annually, which is an outlandish claim.

    In addition to Washington state, gun confiscation orders exist in Oregon, Connecticut, and California. They were passed in California after Elliot Rodger complied with every state and federal gun control on the books, then drove around Santa Barbara shooting people on May 23, 2014. UCLA law professor Adam Winkler spoke with the National Journal about the orders and explained that they would not have stopped Rodger nor would they have stopped Sandy Hook Elementary School gunmanAdam Lanza. The reason in both cases is because family would have had to recognize the propensity for violence in the two attackers, for the purposes of securing a confiscation order, and there is no indication that either family did.

    Professor Winkler put it this way: “The truth is that it is very rare to know in advance when someone is going to be dangerous with a firearm. This is not going to make a huge dent in our gun violence statistics.”
    Elections have consequences, and at the end of the day, I won.”
    – President Obama to House Republican Whip Eric Cantor, January 23, 2009.

    ALL of my postings represent my personal opinions, unless otherwise stated, and do NOT reflect the policies, or opinions of any organization, including that of "MGO", or its officers.

  2. #2
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    Professor Winkler put it this way: “The truth is that it is very rare to know in advance when someone is going to be dangerous with a firearm. This is not going to make a huge dent in our gun violence statistics.”
    Simple solution... Take ALL the guns away from EVERYBODY.... except the police of course... and any other special people the Gov. deems worthy.

  3. #3
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    With confiscation by an Ex Parte order, could it go as far as a neighbor who is annoyed that I have guns go before a Judge to get them confiscated?

  4. #4
    Legal Forum Contributor / Super Moderator Shyster's Avatar
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    In my opinion having a court procedure to temporarily take possession of firearms would be am improvement over what actually happens around SE MI. In this area police routinely steal guns from people they "believe are a threat" with no due process whatsoever and the gun owner is forced to go to court to get a judge to order the return of the firearms.

    In April 2016 Dearborn PD took 29 firearms from one of my clients "pending an investigation" that he threatened a neighbor. He tried as hard as he could to get the PD to return the guns but was ignored. He finally retained me to file suit.

    I filed suit MORE THAN A YEAR AFTER THE SEIZURE. Dearborn then tried to get a felony warrant from the Wayne County Prosecutor's Office to avoid having to return the firearms. When we went to court the city attorney fought hard but the judge sided with me.
    DISCLAIMER: The opinions expressed in my posts are my own and do not necessarily reflect the opinions, views, or official policies of Michigan Gun Owners. Any opinion I express on an issue should not be considered legal advice.

    For those interested in establishing an NFA or Gun Trust click here. For my contact information click here. Follow me on Twitter @makowskilegal or my website www.makowskilegal.com

  5. #5
    I'm glad I don't own any firearms.
    18 U.S. Code § 871 - Threats against President and successors to the Presidency

  6. #6
    Front Page News Moderator/Editor Smokepole's Avatar
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    Quote Originally Posted by Shyster View Post
    In my opinion having a court procedure to temporarily take possession of firearms would be am improvement over what actually happens around SE MI. In this area police routinely steal guns from people they "believe are a threat" with no due process whatsoever and the gun owner is forced to go to court to get a judge to order the return of the firearms.

    In April 2016 Dearborn PD took 29 firearms from one of my clients "pending an investigation" that he threatened a neighbor. He tried as hard as he could to get the PD to return the guns but was ignored. He finally retained me to file suit.

    I filed suit MORE THAN A YEAR AFTER THE SEIZURE. Dearborn then tried to get a felony warrant from the Wayne County Prosecutor's Office to avoid having to return the firearms. When we went to court the city attorney fought hard but the judge sided with me.
    Hard to believe that can happen in America.
    Cops, and other government officials need to be sued aggressively, that do that.

    Were all of the guns eventually returned?
    Elections have consequences, and at the end of the day, I won.”
    – President Obama to House Republican Whip Eric Cantor, January 23, 2009.

    ALL of my postings represent my personal opinions, unless otherwise stated, and do NOT reflect the policies, or opinions of any organization, including that of "MGO", or its officers.

  7. #7
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    Quote Originally Posted by Shyster View Post
    I filed suit MORE THAN A YEAR AFTER THE SEIZURE. Dearborn then tried to get a felony warrant from the Wayne County Prosecutor's Office to avoid having to return the firearms. When we went to court the city attorney fought hard but the judge sided with me.
    After my 10 month ordeal with the university, no charges had been filed, the case was tossed with prejudice... but I STILL needed a separate court order to get my pistol and CPL back.
    According to the deans of the school, they were very nervous about me the whole time, because the police had showed them my list of guns... I laughed and said "yeah that's only the pistols. Now tell me more about how they showed you that." but nobody was talking after that.
    "Sec. 2. All persons who are commonly known as “Greasers” or the issue of Spanish and Indian blood, ... who go armed and are not known to be peaceable and quiet persons, and who can give no good account of themselves, may be disarmed by any lawful officer, and punished..." - Disarming of "Greasers", An Act to punish Vagrants, Vagabonds, and Dangerous and Suspicious Persons” California, passed April 30, 1855.

  8. #8
    Legal Forum Contributor / Super Moderator Shyster's Avatar
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    Quote Originally Posted by Smokepole View Post
    Hard to believe that can happen in America.
    Cops, and other government officials need to be sued aggressively, that do that.

    Were all of the guns eventually returned?
    Yes.
    DISCLAIMER: The opinions expressed in my posts are my own and do not necessarily reflect the opinions, views, or official policies of Michigan Gun Owners. Any opinion I express on an issue should not be considered legal advice.

    For those interested in establishing an NFA or Gun Trust click here. For my contact information click here. Follow me on Twitter @makowskilegal or my website www.makowskilegal.com

  9. #9
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    Quote Originally Posted by DrScaryGuy View Post
    After my 10 month ordeal with the university, no charges had been filed, the case was tossed with prejudice... but I STILL needed a separate court order to get my pistol and CPL back.
    According to the deans of the school, they were very nervous about me the whole time, because the police had showed them my list of guns... I laughed and said "yeah that's only the pistols. Now tell me more about how they showed you that." but nobody was talking after that.
    Does the law allow them to share that list to just anybody?

  10. #10
    MGO Member Roundballer's Avatar
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    Quote Originally Posted by Leader View Post
    Does the law allow them to share that list to just anybody?
    The law that places prohibitions MCL 28-421b wasn't there before 2014, and there are some reasons that allow it within the law. Before that it could have been considered an invasion of privacy, but would be hard to sue for.


    The only way to really fix that is to get rid of the lists, and make absolutely sure that they are destroyed under severe penalty and personal loss for individuals responsible for the destruction.


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

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