HB1302-The Stalkers' Enabling Bill-Horror Stories Thread

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  • ToolAA

    Ultimate Member
    MDS Supporter
    Jun 17, 2016
    10,460
    God's Country
    Eventually some innocent person who may or may not be firearm owner, is going to be killed by police conducting a 1032.
     

    zoostation

    , ,
    Moderator
    Jan 28, 2007
    22,858
    Abingdon
    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 ********, 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.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,658
    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?
     

    Mark5803

    Member
    Dec 30, 2018
    1
    Lost my favorite baby.

    Wife was spending the night at my cousins house because wife and I got into it. Meanwhile cousins crackhead son gets a shotgun slug in shot in the corner of the house, (bad deal) I guess. So next am cops are investigating the whole deal, then they go ask my wife why she is there. They see a slight bruse on her arm... Not from me swears to them. 12 hrs later, I'm getting the biggest bang you can imagine on my door. They put me under aresst, ask me if I had a shot gon, my dumb ass said yes. They asked to see it, mind you,,, EVERY Gun I oun is in there. It's like Xmas to them throwing them all over my bed. They smelled the shotgun to see if it had been fired... NOPE.. BUT they found my baby.... My 9mm Uzi pistol!! At that time they put everything in a sheet and threw it in the trunk of the cars needles to say, the states atty didn't know whether to shit or go blind from my lawyer kicking his ass!! I was not found guilty at all. Took 2 years to get all my guns back but my baby the uzi.. Alsl.. EVERYTHING had to be registered so I could get it
     

    KevinK

    Ultimate Member
    Jun 24, 2008
    4,973
    Carroll County, Md
    Wife was spending the night at my cousins house because wife and I got into it. Meanwhile cousins crackhead son gets a shotgun slug in shot in the corner of the house, (bad deal) I guess. So next am cops are investigating the whole deal, then they go ask my wife why she is there. They see a slight bruse on her arm... Not from me swears to them. 12 hrs later, I'm getting the biggest bang you can imagine on my door. They put me under aresst, ask me if I had a shot gon, my dumb ass said yes. They asked to see it, mind you,,, EVERY Gun I oun is in there. It's like Xmas to them throwing them all over my bed. They smelled the shotgun to see if it had been fired... NOPE.. BUT they found my baby.... My 9mm Uzi pistol!! At that time they put everything in a sheet and threw it in the trunk of the cars needles to say, the states atty didn't know whether to shit or go blind from my lawyer kicking his ass!! I was not found guilty at all. Took 2 years to get all my guns back but my baby the uzi.. Alsl.. EVERYTHING had to be registered so I could get it
    I'm guessing you were not a 1302, since that law is only a bit over two months old in effect, not two years.
     

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