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Ordered to turn over my weapons..... wheres my rights?

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posted on Feb, 8 2011 @ 11:04 PM
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I dont know where to put this thread so i am sorry if its in the wrong place. Ok i need to lay out some details but i dont want to make it toooooo long.. This happened today, so here goes.

My ex and i broke up in Feb 2010 but we still had relations up until DEC 2010. We would bicker alot and argue through cellphone text. Mainly about my property she still had and wouldn't return it.

Long story short she filled a order of protection against me in the beginning of JAN. In court (today) she produced typed up forgeries of supposed texts i sent(fake). Which i never sent. I did agree that we were threatening each other back and forth to the judge. I myself did not have any of the texts saved because i didnt think it was going to get this bad. (my mistake). The judge found out she had contacted me a week after she filed the initial order (which wasnt in place at the time) and chastised her for talking to me (i thought i had the upper hand but no!)

The judge initially asked if i objected to the order and i replied "yes this is a joke, a waste of time and further more just a feeble attempt to strike back at me"

I also stated my bio daughter goes to the same school as her kids and that i attend awards ceremonies at the school which further indicated why i didnt want his order to be placed against me.

At one point (my ex had actually brought some of my property to court) the judge asked me to go get my property from her.

I replied that " No , i would wish to remain as far away from her as possible"

So the items were placed onto a table in a neutral area for me to pick up. I clearly made my point to this judge just how much i wanted to avoid contact with this person regardless. I also told the judge that i haven't spoken to her in over a month as well.


If im repeating myself im am sorry..

points are:

I made the judge aware the texts were not written by me (forgeries under oath by her) as they were hand typed on a computer and this is not proof of evidence. (im sorry i would want to see your phone and/or phone records from a service provider)

NOPE NOT HERE

Then i made the judge aware that i havent even contacted her in the last month period and how she was just a vindictive person trying to get back at me among other things like making me miss work and losing money.(like i did today)
Mind you that i didnt even have to show up to this hearing (if i didnt the order would be placed on me default) but i went to court anyways because i did not want anything on my record period. I also thought the judge would just agree that this was BS and general bickering between two people and drop it. NOPE and it gets worse which is why i am writing.

This woman judge (and sorry no offense to women at all) was VERY BIASED and one sided towards women. Would not listen to anything i said with a grain of salt. AND ......like in a lot of women's judicial cases... SIDED WITH THE POOR DEFENSELESS woman. BOO HOOO!!!!! ( i mean seriously)

Let me educate you on this poor defenseless woman.. She has previously BEAT ME IN THE HEAD with glass BEER MUGS... you know .. the HALF INCH THICK BAR ONES!!!! (she was arrested for DV and assault for that episode) Fist punched me like the best of any man. This woman is hardly afraid of me... and i would say honestly i am more afraid of her. And im sorry im a big dude... 6'4" 300 lbs but i dont beat on women period and shes a fierce person to reckon with

Ok .. anyways.. the judge ordered the protection order against me (a total joke and i am pissed)

So what am i complaining about?

First..... I cant goto my daughters school.. if i do and i see my EX i must leave.

Is that fair.?... BUT HERES MY BIGGEST GRIEVANCE ATS..

The judge then asked me if i had any weapons... i was like "YUP..."

and she was like "what do you have"

And i say " i have a 9mm Baretta"

I was told that i would have turn over my weapon to the local police depatment in which i shrugged/smirked and made a "Psssssshhhh " sound.

Then she asked me to sign paperwork.. I was cool and calm up until the " i cant goto my daughters school" But i got VERY agitated in the court telling me i had to relinquish my weapons to LOCAL PD??? (i dont think so) FURTHERMORE i am included in some kinda of "Brady" clause which they say i wont be able to purchase or hold any weapons at all for the duration of this "order" for A YEAR!!!!!!!

WHAT!!!!?????!!!!!

Ok so i refused to sign anything and was told to wait outside the courtroom away from "her" where she was also waiting on the opposite side, until they typed up the order. Well i left.. i was VERY pissed and wanted to maintain some self reserve and not BLOW UP. So i bailed. FYI i wasnt ordered to this hearing.. i was requested.. and the only thing that would happen if i didnt show up would be that the order would be granted. But i didnt want to have this against me so i went. They served me later this day.

Whats the big deal? Well i could give a squat in regards to talking to her anymore... my big concerns is the facr i cant goto my daughters awards anymore... ORDER says... if she is there i must leave... WHAT???
what if i was there first!!

MORE IMPORTANTLY is that the man is trying to take my weapon away from me.
Gun control.. total BS!!!!!

And i will tell you this ATS..... 24 hours ends 2/9/2011 @ 9:30am (tomorrow morning) and i WILL NOT, EVEN FACING ARREST, GIVE UP ANY FIREARMS TO ANY LOCAL LAWMAN PERIOD!!!!!!!!!!!!!!!!!!!!!

Did you hear that? I WILL NOT!!!! EVER!!!!!
and they will have to pry it from my cold dead hands. (just a stern phrase.. that ive come to love.. no threats or anything of that nature.. its the point that matter... got it?)
This is abuse to myself as a citizen without any solid evidence, without justification at all.... this wicked evil woman of a judge was one sided and biased period, There is no need for an order... and no need to try and take my right to arms away from me. I have not been found guilty PERIOD!!!... Sorry the gun stays with me...

I am going to appeal for the right to bear arms aspect... and furthermore how, without a gun, am i suppose to protect myself against the threats from her in regards to her friends "f'' ing" me up? as she has told me in the past in these texts.

I need some advice, help and some good old American freedoms.
I will keep this updated if anything occurs and if im not in jail... Like i said though.. im not giving up my piece (especially to the cops) for some BS unsubstantiated reasons. And mind you i live in a VERY lenient gun law state.. specifically Cochise County, Arizona.

UPDATE AS IM WRITING THIS. Sheriffs just came by. Apparently someone texted her (sure...) and she thinks it was me and now they are going to turn it over to there cyber crimes to do a IP investigation. This is now getting beyond ridiculous. Sorry i cant continue as i am furious







edit on 8-2-2011 by djmolecular because: spell




posted on Feb, 8 2011 @ 11:14 PM
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Michael Vick can't even own a Dog... but I'm sure there's no problem with him owning a gun.



posted on Feb, 8 2011 @ 11:19 PM
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You need to talk to a lawyer...right away....your rights, ha ha.....talk to your lawyer...just comply with the court order or a warrant will be issued, I would think. Did I say talk to a lawyer??



posted on Feb, 8 2011 @ 11:19 PM
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first of all your lawyer blows...anyone could of taken your phone and texted and acted to be you. second of all you blew by admitting you guys threatened eachother.



posted on Feb, 8 2011 @ 11:19 PM
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reply to post by djmolecular
 


Jeebus, Dude! I'm not a lawyer, for sure. You are in a tough spot. How about contacting the ACLU? Why not?
Man breakups sure make for serious drama.

Of course, I've heard your side of the story. I wonder what you ex has to say? Just saying,...........



posted on Feb, 8 2011 @ 11:21 PM
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reply to post by djmolecular
 


First, you immediately need an attorney. The attorney can put everything on hold pending investigation. Second, you need to gather every phone bill with message details. This is typically on line. If it is fabricated the woman will be found guilty of perjury, frauding the court, libel. Since she has already opened that gate it cannot be closed. Note: There are android and iphone apps that allow one to fake texts and caller ids as "gags" Your records are all that backs you up. Good luck. Call your Bar Association and ask for a specialist in this BS.



posted on Feb, 8 2011 @ 11:21 PM
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Get a lawyer....now.



posted on Feb, 8 2011 @ 11:22 PM
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reply to post by Cocasinpry
 
Vick served jail time, making him a felon...no weapons legally for Vick.



posted on Feb, 8 2011 @ 11:27 PM
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get a lawyer... and get your phone records...

appeal the decision, and meet all conditions until after you appeal. get a receipt for the seizure of your firearm.

When you have all you phone records, have them submitted to the courts.

request a repeal of the order based on information given in regards to electronic harassment



posted on Feb, 8 2011 @ 11:34 PM
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Dude you went to a hearing without a lawyer yer screwed.Doesn't matter what state yer in yer screwed.Yer gun is gone.she got ya good.They always side with the woman.Could tell you about what the cops did to my brother cause of his crazy ex.Too long a story.And a good friend of mine....chick living with him stabbed him and called the cops lied and told the cops he hit her which he didn't.They took all his guns took him a year to get them back.The cops were using them while they had them when he got them back they all needed cleaning cause they had been fired so much.Never go to a hearing without a lawyer......never go to a hearing without a lawyer....This getting through.



posted on Feb, 8 2011 @ 11:58 PM
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First get a new lawyer. Then let the lawyer talk for you, dont say a word in court(unless you absolutley have to). Try to make the suit as large as possible go for damages, loss off enjoyment of life, defamation of character, say you cant sleep and its hurting your mental health. Then the cherry on the cake screw her for the next few years by getting child services involved in her life.



posted on Feb, 8 2011 @ 11:59 PM
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reply to post by djmolecular
 


Now I'm not saying this to "pick sides" but you must understand something. Us guys, we seem to think we can fix everything. Well, when a woman says she doesn't want to talk to you, its best to just not talk to her. Dont give her fuel for the fire, if you know what I mean?

There is NO reason to threaten a woman by text, even if its back and forth.

With that being said, I think it is sad that the system we have in place today can (I am not condoning) only be fixed by violence. Thats right, I think that when enough men have said "f this" and put a bullet into the judge, ex, themselves, ect.. then we will start demanding a revamp of the system.

I went through a divorce last year, and I know how when it comes to her word vs my word, the system takes HERS almost every time. Trust me, I do. Ill even go one further and tell you what happened to me WHILE IN THE ARMY! First case, my ex wife tried to take my car keys from me (shortened version) and ripped my ACU pants pocket. In doing so she bruised herself, I went to jail.

Fast forward.. My ex wife beat the # out of me in front of 2 people. I called the police. I was told
"if you send her to jail, we have to take you too, and your kid will be taken away"

Yup, because I was beaten with two witnesses (while she was holding my child) I was threatened with jail and having my child taken away.

This is why I say, the system WILL be corrected, eventually... but I hate what its going to take to have it corrected.



posted on Feb, 9 2011 @ 12:02 AM
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I feel your pain. 11(ELEVEN) years ago my wife and I were divorced. She was given custody my 2 year old daughter with me receiving weekend visitation rights. One Sunday afternoon I was returning our daughter from my weekend visitation. My ex-wife answered the door, and was so intoxicated that she could barely stand up. I told her that I would not leave my daughter with her in that condition, and tried to walk away. My ex ripped my daughter from my hands and basically threw her behind her onto the floor. I tried to reach down and pick her up, and my ex went completely insane. She beat me in the face with her fists until I was bleeding from my mouth and nose. She ripped my shirt almost completely off of me. I managed to get away from her, and told her I was going to the Police. I drove approximately 8(EIGHT) blocks to the local Police Department. I got out of my vehicle still bleeding from my face. As I was climbing the steps to the entrance 3(THREE) Police Officers came out the door. They ask me for my name, and when I told them they grabbed me, layed me down on the steps, cuffed me behind my back, and told me that I was under arrest. My ex had called up there and told them that I had assaulted her. They placed me into a cell. I tried over and over to tell them what really happened, and they would not listen to a word I said. The next year and a half of my life was a waking nightmare. It cost me my job, and over $6000.00 in legal bills for the real truth to come out. And it was because one of her neighbors had seen what happened. It took my Attorney to find this neighbor, and we had to force her into Court to testify to the truth. I was eventually found Not Guilty of Domestic Battery, but my life will never be the same.
I am sorry if I hijacked your thread with my own nightmare, but I just want you to know that I truly feel for you, and I hope and pray that you have much better luck then I did.



posted on Feb, 9 2011 @ 12:02 AM
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The courts cannot take away your rights given the Constitution unless mandated by a provision. Or court ordered in which case has to be proven you acted with a firearm in previous case/situation.

I'd get a restraining order on the ex for both you and YOUR daughter for how many feet you can, so she too couldn't be in building. Example: If the restraining order was 1000ft from your daughter, most likely couldn't be in any building with her.

But, I'm no lawyer and don't know the federal state laws close enough to accurately judge your situation. But from what I know, YOU do need a lawyer and depending the outcome, and if he's good enough, she'd be the one that has to pay him as you counter sue her for slander and false testimony.



posted on Feb, 9 2011 @ 12:05 AM
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reply to post by I.T.S.U.
 


The Lautenberg Act makes it a federal felony to possess a projectile weapon if convicted of misedeanor domestic violence....a gun does not even have to be involved.



posted on Feb, 9 2011 @ 12:06 AM
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You admitted to making threats. When the judge gave you the chance to calmly get your things you required special arrangements to get it at some table.

These judges aren't there to become empathic advocates for those who stand before them. They don't have the time and aren't paid to do it. This judge looked at the two things mentioned above and concluded that you had made threats, and that you could not handle basic transfer of property when she is involved. This does not make the judge biased or evil, I think most people would have made the same conclusion in the Judge's shoes.

For the sake of your child you should take a step back and immediately reconsider your outrage. It is hard when you mess around with firey women, you got to be smart from day one. Be a player, always save evidence, and never fully trust a woman who you aren't married to. You got to count this one as a loss, bend over and take the hit.

Your best revenge is to give up the weapon, play it cool on, go out and find an even hotter girl to date - one who owns weapons herself, and laugh at the bitter, older ex who blew her chances.



posted on Feb, 9 2011 @ 12:09 AM
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If a judge wants you to turn your weapon in, you must be a threat to the lady period, i'm with the judge maniacs dont belong carrying weapons



posted on Feb, 9 2011 @ 12:19 AM
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Lawyer for sure.


Have to agree you blew it in court because of the table incident. That was a maturity test. you failed it.


You have to act like an uncaring drone in there. Show no anger in your'e emotions at all.


Suck up the pride, hand over the weapon, call you're cell provider and demand logs.



Go back to court, have the case re-looked into with the information that she's lied under oath and forged evidence.


Then, she will be in you're situation right now, but with not a single thing to do about it, because she lied and broke the law.



posted on Feb, 9 2011 @ 12:21 AM
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off-topic post removed to prevent thread-drift


 



posted on Feb, 9 2011 @ 12:27 AM
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I'm a law student, so let me start with this disclaimer: This is not legal advice, I'm not a lawyer.

Anyway, contact your local legal aid office ASAP. They may require you to come to their office and sign paperwork, but, by all means, contact them. If they cannot take your case, they should be able to refer you to an attorney or suggest how you can find one.

If you had an attorney from the start (although in some states protective order proceedings do not allow them) they may have been able to attack the validity of those text messages as evidence. They may have also been able to provide some insight into the particular judge and her way of operating. You need a lawyer who is familiar with this area of Arizona state law ASAP. Protective orders are intended to take effect quickly and decisively, so do not delay. If you don't get an attorney to advise you and handle any kind of appeal ASAP, you could find yourself in bigger trouble for violating the order, state gun laws, etc.

Good luck!



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