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Posted: 8/10/2005 4:51:40 PM EDT
[Last Edit: 8/10/2005 4:53:14 PM EDT by jrzy]
I was just reminded by another thread here of what a friend of mine endured.

year 2001
His X wife calls and demands more alimony.
He replies "fuck off bitch, you got what the court ordered in one lump sum" (85 K)
Her: "Oh yeah jerk off, we'll see"

Next day at ten am the Monmouth county Sheriffs dept knocks on the door.
Friend:who is it?
Sheriffs dept: open the door.
Friend:OK whats wrong?
Deputy:You called your X wife and threatened her yesterday and we have this order of protection you need to be served and sign for.

Friend:
I didn't call that skank and if you look at my caller ID you will see she called ME and started all this shit.
Deputy: not up to us , sign here!
Friend:OK I'll sign.

Deputy: where are the guns your x wife said you had here?
Friend: what?
We are confiscating your guns while you're under the protection order.
Friend: BULLSHIT! I didn't do a fucking thing!
Deputy: are you refusing to surrender your guns?
Friend: You bet your ass i am!

Deputy: You're under arrest for failing to comply with my command to surrender your firearms>

Now we jump to 2002

My friend was convicted of a felony for not surrendering his guns.
He was acquitted of the threat against his wife and she was charged with making a false statement and plead down to a disorderly offense.

The appeal went through last week and his conviction was overturned by the higher court.,
The lower court has already informed his lawyer they will not be seeking a new trial.

He asked for his guns back and were told they have already been destroyed.
Sucks!

I asked him what could he have done different and he said his major mistake was talking PERIOD!
If he just asked for his lawyer and not refused to hand over the guns there would have been no "crime"

You still have the right to speak to your lawyer and remain silent, he should have done that.
Good to know if you live in that hell hole jersey, just don't refuse, just stand mute and ask for your lawyer.

Link Posted: 8/10/2005 5:11:22 PM EDT
That sucks major ass.
Link Posted: 8/10/2005 5:14:19 PM EDT

Originally Posted By jrzy:
I asked him what could he have done different and he said his major mistake was talking PERIOD!
If he just asked for his lawyer and not refused to hand over the guns there would have been no "crime"

You still have the right to speak to your lawyer and remain silent, he should have done that.
Good to know if you live in that hell hole jersey, just don't refuse, just stand mute and ask for your lawyer.


I guess 2 more lessons would be: recording all conversations with x-wife and putting NO ALIMONY in the prenup.

What kind of a "free" country do we live in where somebody can get the courts to grant a restraining order without providing proof and the end result is a 2nd amendment violation?
Link Posted: 8/10/2005 5:14:39 PM EDT
Link Posted: 8/10/2005 5:15:43 PM EDT
Are they going to make reperations to him for the guns that where made into paper clips?
Link Posted: 8/10/2005 5:15:43 PM EDT
simple solution: sue the cunt for the loss
Link Posted: 8/10/2005 5:15:50 PM EDT
Holy crap, what did the popo's do? Enter his house anyway, search it and take his guns?
Link Posted: 8/10/2005 5:17:24 PM EDT

Originally Posted By Aimless:
Seen that before.


Damn $ 56k? That's a good chunk of change for a felony trial and appeal.



Jersey and the best legal talent he could find to wipe out the felony.
Link Posted: 8/10/2005 5:17:31 PM EDT

Originally Posted By P806:
Holy crap, what did the popo's do? Enter his house anyway, search it and take his guns?



As the tale is reported, that's what they had the authority to do...
Link Posted: 8/10/2005 5:18:36 PM EDT
Those cops sound like great upstanding patriots.

God bless America, land of the free.
Link Posted: 8/10/2005 5:20:08 PM EDT

Originally Posted By P806:
Holy crap, what did the popo's do? Enter his house anyway, search it and take his guns?



They held him in the local jail in eatontown NJ for 23 hours until he agreed to open his safe which was at his sisters house by the way.
(no food for the 23 hours is what I remember him telling me, they gave him bottle of water and a cup of coffee.)
Link Posted: 8/10/2005 5:21:37 PM EDT
If I read this right, now that all the court shit is done, it has been proven that he never did anything wrong. He goes to get his guns back, and they have been destoyed?

Is it just me, or does he have a suit against the state for unlawful distruction of private property? Or, maybe against his Ex for Liable? I know he probably doesn't want any more legal fees, but I would get with a good attorney and see if anything can be done to recoup some of the loss.
Link Posted: 8/10/2005 5:21:47 PM EDT

Originally Posted By bblake00:
Are they going to make reperations to him for the guns that where made into paper clips?




I believe he's filling the suit this week.
If it makes the papers i will post the link.
Link Posted: 8/10/2005 5:22:17 PM EDT
With her being charged with false reporting and your buddy being ultimately exhonerated, and charges not refiled, I'd say he's got a nice little case for "malicious prosecution" against the ex-wife, as well as defamation and anything else his lawyer might get to stick. The damages would include his property, his attorneys fees, etc.

I'd hire up a contingency fee lawyer if I were him, and let her suck on some legal fees for a while. Best case scenario, her homeowners' insurance decides to provide coverage and settle.

Fucking unbelieveable.



Link Posted: 8/10/2005 5:23:32 PM EDT

Originally Posted By james4208:
If I read this right, now that all the court shit is done, it has been proven that he never did anything wrong. He goes to get his guns back, and they have been destoyed?

Is it just me, or does he have a suit against the state for unlawful distruction of private property? Or, maybe against his Ex for Liable? I know he probably doesn't want any more legal fees, but I would get with a good attorney and see if anything can be done to recoup some of the loss.



He is and the X doesn't have shit, pills and booze is what she blew (along with any guy she could take home) the 85 K on in the first place.
Link Posted: 8/10/2005 5:23:39 PM EDT

Originally Posted By Red_Beard:
Those cops sound like great upstanding patriots.

God bless America, land of the free.



They were just doin the the piece of paper told them to do. Because we all know that a local Judge has more authoritah than the US Constitution...
Link Posted: 8/10/2005 5:23:54 PM EDT
Sheet man, that sucks.
Link Posted: 8/10/2005 5:33:45 PM EDT
Link Posted: 8/10/2005 5:36:59 PM EDT

Originally Posted By Aimless:

Originally Posted By jrzy:

Originally Posted By james4208:
If I read this right, now that all the court shit is done, it has been proven that he never did anything wrong. He goes to get his guns back, and they have been destoyed?

Is it just me, or does he have a suit against the state for unlawful distruction of private property? Or, maybe against his Ex for Liable? I know he probably doesn't want any more legal fees, but I would get with a good attorney and see if anything can be done to recoup some of the loss.



He is and the X doesn't have shit, pills and booze is what she blew (along with any guy she could take home) the 85 K on in the first place.



It's amazing how fast a dumbass can go through money.




This girl would make your tongue hang down to the floor before the booze and pills, she looks like a crack whore now.
I have never seen such a fast descent into the abyss as in this case.
Link Posted: 8/10/2005 5:39:56 PM EDT
X wives can be bruttle.
Link Posted: 8/10/2005 5:44:10 PM EDT
Caller ID.
No direct communication with Exes, that what lawyers are for.

Women can be evil and vindictive, as well as adept at abusing their rights.
Never happened to me personally (thank God) but have seen it happen too many times.
Link Posted: 8/10/2005 5:44:49 PM EDT
Holy shit. Wow. I probably shouldent post what my first impulse is.

I guess this is a good lesson for me as I am single now... He probably had some nice guns for the cops to "confiscate." I don't totally buy that they were destroyed. Sue the cops for the value of the firearms.
Link Posted: 8/10/2005 5:45:44 PM EDT
[Last Edit: 8/10/2005 5:48:18 PM EDT by quijanos]
I would almost bet that her attorney put her up to it. This sounds all too familiar. Sad but true.
He should have never answered or opened the door. Its funny how at first they were there because "its not up to us"......next thing you know........its up to them to take his property.

editted for spelling

Link Posted: 8/10/2005 5:45:53 PM EDT
Good grief.....
Link Posted: 8/10/2005 5:49:46 PM EDT
Fucking Bitches!

I can't imagine why anyone would even want to get married.

Link Posted: 8/10/2005 5:50:33 PM EDT

Originally Posted By Bama-Shooter:
X wives can be bruttle.



not the ones that are buried
Link Posted: 8/10/2005 5:53:13 PM EDT
wow I'm not allowed to post here the things I would do, but I'll just state I would not be the first on the losing end ;)
Link Posted: 8/10/2005 6:42:40 PM EDT
At $4.00 per box of WWB .223, ....well you get the point.....
Link Posted: 8/10/2005 6:51:50 PM EDT
My ex lied and got a restraining order on me. The sheriff called me in instead of showing up at my house and had be come down to the station. She had told the judge about my gun stash. Sheriff told me to get them out of the house and store them at a friends house ... I said OK ... they never threatened to remove them for me ... This was in Georgia ...
Link Posted: 8/10/2005 6:58:49 PM EDT
To all the cops who bitch about "cop bashing" I would just like to submit:

"Next day at ten am the Monmouth county Sheriffs dept knocks on the door.
Friend:who is it?
Sheriffs dept: open the door."


This was your everyday run-of-the-mill cop doing his everyday run-of-the-mill kiss my ass because I am god BS.

Imagine how an attitude like this can affect every aspect of what you do, and how you do it on a daily basis.

"Deputy: where are the guns your x wife said you had here?
Friend: what?
We are confiscating your guns while you're under the protection order.
Friend: BULLSHIT! I didn't do a fucking thing!
Deputy: are you refusing to surrender your guns?
Friend: You bet your ass i am!

Deputy: You're under arrest for failing to comply with my command to surrender your firearms"


Even realizing this guys gut response to someone telling him to hand over his guns would be "BULLSHIT"- SOMETHING THAT WOULD COME OUT OF EVERY ARFCOMMER'S MOUTH...hopefully - he didn't hesitate for a minute with charging the guy with a felony.

Something that cost the guy 56 THOUSAND DOLLARS!

...so the next time you hear some arfcommer standing on a soapbox, think back to this little story. And don't forget,"The cop was just doing his job."

Link Posted: 8/10/2005 7:00:47 PM EDT
I find it shocking how often I seem to hear this same story.

The majority of the advice given to me by elders is to stay away from women as much as possible and to get a pre-nup without fail.
Link Posted: 8/10/2005 7:05:18 PM EDT
I had a crazy witch swear out a Dom. Vio. Prot. Order against me too, and then fail to show up for court so that it would stop being temporary and be long term. She called and left 2 different messages saying she was sorry and she didn't really want to do it. (got those saved to a CD for later). She called me 8 times in the 36 hours before she swore it out. WTF??

The deputy asked if I had any firearms. I told him I had a safe that was full, about 15 total. He told me I need to get rid of them and then he left.

Also, if the remember the "Anyone wanna see my Ex" thread, it's an ongoing saga. Basically my lawyer says she violated my civil rights by doing that. Great thing about it is that it was his idea about the civil rights thing, I didn't need to plant that in his ear.
Link Posted: 8/11/2005 9:29:43 AM EDT
[Last Edit: 8/11/2005 9:30:45 AM EDT by Fenian]
Well, chalk it all up to the PC gone mad world we live in. A woman can make a baseless charge against a man of domestic violence, with no corroberating evidence whatsoever, get a court order, and you can say goodbye to your guns forever. Fail to comply, and you go to jail.

Well, I would hope he can sue SOMEONE and get some $$ back.

Dear god I grower sicker and sicker of this sheeeiittt with each and every passing day.

I tell my friends at the start of this kind of shit to record every phone call, or don't talk to their exes w/o a witness present.

Link Posted: 8/11/2005 9:45:19 AM EDT
Tag for any future developments.
Link Posted: 8/11/2005 9:52:16 AM EDT
What guns.........tragic boating accident.

Sorry I had to do it.
Link Posted: 8/11/2005 10:03:53 AM EDT
I know a guy that went thru a similer account. Almost blow for blow. The difference was that when the sherriff showed up and ask about firearms he told them he didnt have any(standing uder about 8 different mounts from cape buff to cougar). They had a warrent and found three large gun safes in the rec room. He opened them up and much to the shock of the officers, they only contained a few mags, some ammo and some gold coins. No guns. They told him they know he has firearms and asked were he hid them. He simply said I dont have them anymore, I sold them all to pay for the divorce.

Fast forward to after it was all settled.
"You ever going to come get your guns out of the vault?"
Link Posted: 8/11/2005 10:11:48 AM EDT
This story exemplifies one of the base rights that were declared in the Magna Carta...from which the US Constitution took many cues. Before the Magna Carta, some guy could be walking down the road, minding his own business. Another person (upper class back then) would say "toss him in jail and take his stuff"...and that was it. He was screwed. The Magna Carta said a person could only be thrown in jail/take their stuff if certain criteria were met...such as breaking a law.

We consider this commonplace now, The Man can't come down on you just because somebody doesn't like you, there has to be some sort of criteria that has to be met. Searches need a warrant, arrests based on breaking laws, and nobody shall be relieved of their stuff without due process.

Fast forward to today and the original post above and everything I just posted goes out the window.



On another note, I often hear people say things like, "I have nothing to hide," and "I have nothing to fear because I didn't do anything wrong." yeah...right.
Link Posted: 8/11/2005 10:15:27 AM EDT
Wimin ar da debil.


That is all.
Link Posted: 8/11/2005 10:24:37 AM EDT
Know this...... any woman who is willing to lie under oath on an affidavit WILL get at least a temporary restraining order for approximately 2 weeks without even having to tell you that she is going before the judge.

It will be served on you by the police

You will be unable to "possess" any firearms until it is removed or vacated.

Although, I have never heard of an officer demanding that he/she take possession of the firearms.
Link Posted: 8/11/2005 10:28:46 AM EDT
How can they confiscate guns to be held "while under a protection order", implying an expiration of said order, then just destroying them? I would sue the damn po-po.
Link Posted: 8/11/2005 10:30:58 AM EDT
Removing anything you want to keep is always a good first step in a divorce, or even if you suspect you're heading that way. Many people have said before, and it's true, find a friend you can trust who'll buy them all for a few bucks.
Link Posted: 8/11/2005 10:33:13 AM EDT
How much were the guns worth?

There is a point where a rational person should cut their losses. Dealing with "the man" has so far earned him 4 years of sleepless nights and 56k in legal expenses. If this was originally about a rusty mossberg and a worn out Ruger 10/22...



Link Posted: 8/11/2005 10:33:22 AM EDT
sometimes you have to wonder if you couldn't be out of jail in less time than it would take to pay all the attorney bills.
Link Posted: 8/11/2005 10:34:11 AM EDT

Originally Posted By Cheesebeast:
How much were the guns worth?

There is a point where a rational person should cut their losses. Dealing with "the man" has so far earned him 4 years of sleepless nights and 56k in legal expenses. If this was originally about a rusty mossberg and a worn out Ruger 10/22...




Those who have no money invested in it will tell you that it is the principle if the deal that trumps all else.
Link Posted: 8/11/2005 10:40:30 AM EDT

Originally Posted By nationwide:

Originally Posted By Red_Beard:
Those cops sound like great upstanding patriots.

God bless America, land of the free.



They were just doin the the piece of paper told them to do. Because we all know that a local Judge has more authoritah than the US Constitution...



That's exactly the way I see it. Where the fuck's "due process". They pre-empted his rights over what turns out to be a false claim. You should have to have witnesses, a recording, or a written threat to get this kind of action taken. Like I said somewhere else, this is the beginning of the "5-0 Pawn Shop" Chain.
Link Posted: 8/11/2005 10:45:26 AM EDT

Originally Posted By ArmedAggie:
sometimes you have to wonder if you couldn't be out of jail in less time than it would take to pay all the attorney bills.



How's that old joke go?

20 years, 20 years! Just think, if I'd have killed you when I met you, I'd be out by now!

Link Posted: 8/11/2005 10:46:36 AM EDT
Ummm if he just ignored them he would be a FELON and possibly 1) go to jail for a year, 2) never be able to own another gun in his life (let alone get them back from the JBTs)
Link Posted: 8/11/2005 11:11:32 AM EDT

Originally Posted By _DR:
Caller ID.
No direct communication with Exes, that what lawyers are for.

Women can be evil and vindictive, as well as adept at abusing their rights.
Never happened to me personally (thank God) but have seen it happen too many times.



You never truly know a woman until you meet her in court.

wganz

Link Posted: 8/11/2005 11:11:53 AM EDT
I would certainly fight the felony conviction, and for 56k consider it a "bargain". BUT if he wants NOW to go further and attempt to recover his losses for the property, I think he needs to do some simple cost-benefit analysis. Principles are expensive, and sometimes you have to know when to pick up your teeth off the floor and go home.
Link Posted: 8/11/2005 11:57:12 AM EDT
Sounds pretty much par for the course in todays criminal justice system.
Link Posted: 8/11/2005 12:15:13 PM EDT

Originally Posted By Seneca-Cayuga:
Sounds pretty much par for the course in todays criminal justice system.



Seems to be the trend, ANY AND ALL EXCUSES TO SEIZE YOUR FIREARMS!
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