Why did they take his guns???

Discussion in 'In the News' started by Malum Prohibitum, Dec 11, 2018.

  1. Wheedle

    Wheedle Active Member

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    Funny how they never believe that to be the case with the 1st amendment, or any of those made up rights never mentioned in the Constitution...
     

  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    True story (short version):

    In New York state 30 years ago, a woman is divorcing her violent abusive husband.
    She gets a pistol permit (I forget it it allowed carrying outside the home or just possession at home).
    The husband has a restraining order against him. He has been separated from the wife and fully moved-out of the house for months.

    One day the husband, drunk and angry, comes over to her house with a shotgun in hand, screaming that he's going to kill her.

    She grabs her pistol and calls the cops. She tell him she's armed and will kill him if he enters.
    He stays out, but keeps making threats against her on her property.

    Cops arrive and disarm and detain both of them.

    Man is arrested. Woman is released. But all their guns are confiscated. Her pistol, and his shotgun. They even search HER house and would confiscate every other firearm she might have possessed, even long guns for which no license or permit is required.
    Why? For "safekeeping." And "just to prevent future trouble."

    Well, the husband's new girlfriend had a rich daddy. He hired a good lawyer, and next thing you know, the angry estranged husband is out on bond. Conditional bond, of course, with many restrictions not to come near her home, not to talk to her, not to own or possess any weapons, etc.

    Husband goes to the local sporting goods store, buys a shotgun, gets it instantly (no Brady background check in those days), and takes it over to her house, kicks down her door, and kills her with it. She was unarmed and defenseless-- just the way the cops left her.

    Her family sued, of course. The suit was thrown out. Immunity. And it's not well-settled law that taking EVERYBODY'S GUNS away, even the innocent victim's guns, isn't a reasonable and prudent measure. Because, you know, guns invite murder, so the less of them around the better.
     
  3. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    I have proposed that Georgia write a new Code section about when law enforcement officers can take guns and when they can't, and make that part of all POST training at the police academy and refresher courses for experienced cops.
    But at least one well respected law enforcement training supervisor who posts here says he'd prefer to keep the state of the law as-is, which means most of the "rules" come from caselaw, and caselaw generally revolves around the "totality of circumstances" which is a mushy standard that can be stretched to mean whatever people want it to mean.
    I think O.C.G.A. statutory law can and should be used to clarify these issues, even if it's somewhat duplicative of 4th Amendment search & seizure law developed by courts.
     
  4. 736Lawton

    736Lawton Member

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    Forty years ago I was arrested for a minor misdemeanor (a private poker game) in a small town in Georgia. I had a license to carry a pistol. The arresting officer was so dumb he was about to put me in the car without checking me...I had to tell him I was packing because the last thing I wanted was to be tossed into the tank with a bunch of real criminals and have a gun on me.
    I "reached for the sky" when telling him, I didn't want to get shot. He was so nervous it was like a Barney Fife thing. They gave me a receipt for taking the weapon and putting it in the safe. I made bond, went to court, and paid a $75 fine "for gambling".
    I went back to the police station to retrieve the pistol. Funny thing....my oh my, "the gun isn't here in the safe...I wonder where that thing could be."
    Desk officer calls the officer who made the arrest. Oh my oh my, "the arresting officer forgot to put it in the safe and had it at his house".
    I waited a while and arresting officer shows up with my pistol.
    I got it and left.
    I know he expected me to never come back to retrieve the pistol and was going to keep it himself. (a small Baretta which I still have today)
    Don't think for a minute that police won't steal.
     
    Last edited: Dec 12, 2018
  5. moe mensale

    moe mensale Well-Known Member

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  6. RedDawnTheMusical

    RedDawnTheMusical Well-Known Member

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    Q: Why did they take his guns???
    A: Immunity