Facing protective orders and allowed to keep guns

[craigepo]

"For all its rage and terror, the episode might well have been prevented. Had Mr. Holten lived in one of a handful of states, the protection order would have forced him to relinquish his firearms. But that is not the case in Washington and most of the country, in large part because of the influence of the National Rifle Association and its allies."

When you read this article, remember that the writers are talking about confiscating a person's firearms before they have been afforded a hearing. They also do not discuss they huge majority of these cases that are found to have no basis for issuance.

Also remember that the Constitution protects a citizen from having his life, liberty and property taken without due process of law.

http://www.nytimes.com/2013/03/18/us/facing-protective-orders-and-allowed-to-keep-guns.html?nl=todaysheadlines&emc=edit_th_20130318&_r=0

[Pete]

From the article........

".........In these most volatile of human dramas, they contend, the right to bear arms must give ground to the need to protect a woman’s life. ..............."

I agree completely with the statement. But to me it means the woman should be given a free firearms class by the local PD, issued a CCW permit and directed to the nearest gun shop.

[medic&commo]

Thank you.
Torn, I see the woman's point, if the husband did make those statements with intent, then stricter measures should have been imposed.
But on the other side, it may be a she said - he said and no need for more regulation.
Seems like it needs to be handled on a case by case basis, which would take more resources, but better serve the parties involved.
m&c

[2018commo]

And in how many cases have the PO's been used as an offensive weapon against the male spouce? Happens all the time here in the peoples republic of Maryland.

[cbtengr]

The PO is not worth the paper it is printed on if either party chooses to ignore it. Women would be better served to get some training in firearms protection, arm themselves and then put those tools to practical use if needed. We need more unenforceable laws in this country.

[Badger52]

But to me it means the woman should be given a free firearms class by the local PD, issued a CCW permit and directed to the nearest gun shop.Precisely. Instead of a gun buy-back program, how about Train & Arm the Nice Lady Down the Street Week?"

While sympathetic to the circumstances in the reported case, I don't agree that an individual occurrence - whether it be a Newtown or a domestic issue (or alleged online bullying using social media) or a benign remark by a vet to a counselor who makes a subjective interpretation on the record - is cause to change due-process. Judges have latitude to exercise in specific cases; they should pony-up & exercise it. In my experience, well-intentioned over-reach seldom turns out well.

Am aware of two women personally who have remarked as to how they'd jam their husband up & "get the Sheriff to come take away all his guns." Such attitudes are out there.

[mark46th]

A lot of these restraining orders filed by women are bogus and are done out of spite. I had to store one of my hunting buddy's weapons in my safe because his wife filed a restraining order against him. She now wants to "be friends" and admitted she had done it because she was mad at him...

[MR2]

A lot of these restraining orders filed by women are bogus and are done out of spite. I had to store one of my hunting budd'y weapons in my safe because his wife filed a restraining order against him. She now wants to "be friends" and admited she had done it because she was mad at him...

We can be "friends" as long as we have nothing to do with each other.

[Chaplain Scott]

As a Licensed "Shrink" for 20 years, I have dealt with a mulitude of marital conflicts--in some the woman is the aggressor/instigater, in many it is the man who resorts first to threats, intimidation and/or violence. I agree that it needs to be looked at on a case-by-case basis.

I also agree that POs/TROs are pretty useless, except that they MAY be able to demonstrate one person's willingness to use force/intimidation. I personally recommend that the person in the most danger get a PO, as well as get training and get themselves a sidearm.

There have been occasions where I and my family (who live near-by) have gone to threat-condition Red due to violent spouses of my mental health patients, and I routinely carry even during Therapy sessions......

[RedLegGI]

The insanity about these pieces is that they think removing a gun from the equation makes her somehow safe. If her husband wants to kill her, he will be it with a gun, knife or even a vehicle. The logic is so faulty I can't really comprehend how they can present it as a valid argument.

[mark46th]

"The logic is so faulty I can't really comprehend how they can present it as a valid argument..." RedlegGI

Well, as my friend from the ghetto once said, "Bitches be crazy."

[Destrier]

Teach your daughter to shoot and she wont need paper.

[Dad]

http://www.chron.com/default/article/Texas-cops-often-can-t-take-guns-from-mentally-ill-4326096.php

[miclo18d]

http://www.chron.com/default/article/Texas-cops-often-can-t-take-guns-from-mentally-ill-4326096.php
HIPPA is a national problem that will challenge many laws that are being sought right now. Because we have shot ourselves in the foot, with silly law after silly law that ultimately will confuse and confound your very freedoms -- this law says it's okay, but this law contradicts that law.

They tried to restrict access to medical records from the teams 18D's through HIPPA. So basically a team medic couldn't even get the records to take with them on missions.

Restraining orders are as worthless as the paper they are written on. They reinforce the saying "When seconds count, police are just minutes away." I don't think my wife (and women like her) ever considered armed defense until she met me. Common sense conversations on crime, self defense, and the 2nd Amd. were taught to her and I got to learn about Christian Louboutin, Panerai, and Hugo Boss. ;)

"L'enfer est plein de bonnes volontés et désirs" -- St Bernard