Monday, February 6, 2012

Police Sued for Gun Seizure


Heres's the story. The cops went out to confiscate the guns of a domestic abuser. The guy had his parents' address on his driver's license. The police went to that address and took all the guns away. It turned out the young violent man hadn't been living there and the guns seized were the property of his family members.

But, get a load of the way the lawyer describes it.

"The plaintiffs were deprived their constitutional right to keep and bear arms in protection of themselves and their families," the lawsuit alleges. "For the entire period of deprivation, the plaintiffs were unable to engage in the fundamental, natural and constitutional right to defend themselves."
Now, really, isn't that the biggest line of crap you've ever heard? I could accept it if he'd added "with guns" at the end. It might also be pointed out that no home invasions or zombie attacks took place during that entire 10-week period. So the phrase "were unable" is a bit misleading.

More honest would be "WOULD HAVE BEEN unable to defend themselves WITH GUNS if an incident HAD OCCURRED.

Why do the gun-rights folks have to exaggerate and lie so much? What we're doing on the gun control side is relating the facts of avoidable gun violence. Kid Shootings for example, relates one incident after another, no embellishment, no twisting, just facts. Ohh Shoot is another one, just simple reports. Even on our own blog, we report stories like this one, I admit to a little fleshing out from time to time, but the stories speak for themselves.

What's your opinion? Are the gun-rights activists a bit more creative in their arguing style than we are? And if so, why do you think that is?

Please leave a comment.

9 comments:

  1. You call it fleshing out; I call it schmaltz and wishful thinking.

    The attorney for the plaintiffs was exactly right. The rights of these two were violated, and I hope that the suit succeeds. You ordinarily would be on my side. This is a police screw up. What if, instead, these officers had confiscated property from an Occupy encampment? We know how you would respond. The violation here is even worse, since this was an invasion of the couple's home. Regardless of the property that was officially stolen, it was wrong.

    ReplyDelete
    Replies
    1. Well, this story brings up an interesting problem. What if the violent young man did live there? Would the police then be allowed to confiscate his family members' guns? Wouldn't you have the same argument against that?

      I tend to think it's like the crooked FFL guy who loses his license and sells the business to his brother for $1.00. The best thing is to suspend all FFL activity at that location regardless of who owns the property.

      In the case of surrendering guns for domestic violations or other felonies, everyone in the house should lose them. Otherwise, the targetted criminal would continue to have access to guns.

      Delete
    2. Should everyone in a felon's house lose voting rights? After all, the felon might talk another adult into voting for his candidate. Until you understand that we value rights, you'll never get our position. What you are doing is proving our belief that you want to take guns away from everyone.

      Delete
    3. What i am hearing this was a temp protective order meaning the "young violent man" as Mikeb302000 puts it, did not even step in front of court when the order was made. NO warrant NO arrest.
      so the court issued went like this

      "we think your may be violent as this nice lady says you are so please if your don't mind give us your weapons until a real court date happens."

      so if 50/50 if he is a domestic abuser or his ex girlfriend just wanted to skew him.

      ether way it is illegal under the law as they are written.
      based on the NH Domestic Violence Case Protocols.
      "http://www.courts.state.nh.us/district/protocols/dv/index.htm"

      They only have access to his property and it only voluntary if he says no they have to get a warrant
      in the case of a temporary order.

      I have also heard that most of this stuff was in a safe,
      no doubt the police strong armed the family to open it
      as that is the common practice as with the don't video record me thing.

      whatever the case keep watching and will see what happens
      I try not passing judgment until i have all the facts.

      Delete
    4. Greg, the comparison to voting rights is silly. First of all, I don't think felons should lose the right to vote. But, violent people should be kept away from guns wherever possible and that may require cleaning out the whole house in which they live.

      Delete
    5. mikeb302000,
      "violent people should be kept away from guns wherever possible and that may require cleaning out the whole house in which they live."

      think of a apartment the guy next door might not lock his door so we need to clean him out.

      And again the Guy was accused.

      I don't think we should go robing people because of
      something someone else may have done.
      punishing the innocent is unjust
      no matter what the reason.
      even the most evil of man can justify there acts.

      Delete
  2. "The cops went out to confiscate the guns of....law abiding citizens"

    That is all you had to write. No further explanation needed. The cops made a mistake and illegally confiscated their possessions. The warrant was not for their firearms but only for those owned by the son. They obviously refused to return the property immediately and now they are being sued for it

    ReplyDelete
  3. One this does not trigger my BS sensor. I don’t feel miss-truth being force in my ears or the presence of exaggerations and lies. I Live in NH so I can tell you that some about 40% of NH police will slam compliant suspect’s faces in to the pavement, will use towing of a vehicle as a method to search it, will Taser or bounce off the hood of cruiser any smart-a$$ 14-25 year old even if it hurts there case for drug/underage drinking or j-walking. And yes the J-walking was flesh-out a bit. ; )

    And as for the gun control side the fact are how they wish to display them. misleading data not all gun control people do it mostly the politician’s use statistics like firearm death rate for police officer and included accidental shooting some self-inflicted during cleaning/reloading/unloading or even hunting accidents. So don’t use the statistics given look for your own make up your own mind.

    you ask for other opinions,
    so your are acceptance to other views,
    anyone who ask/weights other experiences,
    is on the path to enlightenment.

    ReplyDelete