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Old April 28th, 2018, 07:41 PM #21
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Eventually some innocent person who may or may not be firearm owner, is going to be killed by police conducting a 1032.
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Old April 28th, 2018, 07:46 PM #22
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Originally Posted by Tungsten View Post
Just to clarify:
I thought there was a clause saying that you can't sue a person who files a 1302 claim against you. Does that also include cases of fraud where it is clear the information was false?
The other problem on top of Allen's excellent summary is you are rarely going to have cases where it is going to be clear, or at least prove-able, that the information is false. It's going to be just like most of the ex parte order applications have always been. "Oh he said this, that, and the other thing when no one else was around to witness it" and "I saw him do this and that in the past at ummm, some time like may be a month ago, or was it two?" I can't tell you how many cases I saw of girls who would bruise their own arms to say their husband or bf beat them. It's amazing, I think over 50% of all domestic abusers must only punch their victims in the arms. Maybe it's an OCD thing, I dunno.

The typical situations are going to be the ones where everyone knows in their gut the accusations are bullshit, the cops, the judge, the state's attorney, even the "victim's" own private attorney (who there's a good chance told or at least wink, wink, hinted at them to "think of something" they could file over as leverage), but no one can prove it.
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Old April 28th, 2018, 07:49 PM #23
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Eventually some innocent person who may or may not be firearm owner, is going to be killed by police conducting a 1032.
And I wonder how many pet dogs will be killed over bullshit accusations too.
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Old April 28th, 2018, 07:53 PM #24
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Subscribing to this thread! Might be better than Hollywood!
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Old May 7th, 2018, 03:50 PM #25
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Originally Posted by zoostation View Post
And I wonder how many pet dogs will be killed over bullshit accusations too.
This right here is something that legit keeps me up at night.
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Old May 22nd, 2018, 07:36 PM #26
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Absolutely right (the sarcastic part). I see this becoming a pro forma move just to make the gun-owning spouse look bad in the eyes of the judge.
An honest one wouldn’t. It is still perjury even if you never get charged and it is against an attorney’s ethical code to suborn perjury or a crime.

I am sure that won’t stop some slimey ones. It also probably won’t stop some from hunting that if their client ever felt even, like a little unsafe that they should maybe consider filing an order.

On other hand, my wife’s cousin just got a divorce from her now ex husband. He never physically threatened her, but he was stalking her, planting trackers and malware on her phones (4 over 6 months), computers a GPS tracker on her car. Doing things like taking their daughters home and then conveniently forgetting to drive them back to the playground when they had to go to the bathroom so my wife’s cousin walks the half mile back and finds them sitting on the porch eating ice cream an hour later (and he didn’t answer the 10 phone calls).

Not saying the law won’t be abused, but there are a hell of a lot more stories on the side of abusive Ex’s/spouses than there are guys who get wrongfully accused.

My problem with the law is you’ve got no due process rights. If you are that potentially dangerous then sorry, you need temporary detention and figure things out and a hearing as soon as you can be afforded a lawyer and a judge is available (and not like a day or two later). If you aren’t that potentially dangerous, then why are they seizing your guns/property that you lawfully own immediately?
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Old Today, 03:55 PM #27
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...If you aren’t that potentially dangerous, then why are they seizing your guns/property that you lawfully own immediately?
Because Maryland.
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