Have you seen this?

This is a discussion on Have you seen this? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Gun-Law Traps That Can Bite Your? My dad sent me this link this morning regarding gun laws. Has anyone else seen this?...

Page 1 of 2 12 LastLast
Results 1 to 15 of 16
Like Tree17Likes

Thread: Have you seen this?

  1. #1
    Member Array dhuffman's Avatar
    Join Date
    Oct 2013
    Location
    United States
    Posts
    143

    Have you seen this?

    Gun-Law Traps That Can Bite Your?

    My dad sent me this link this morning regarding gun laws. Has anyone else seen this?
    tony1990 likes this.

  2. Remove Ads

  3. #2
    VIP Member
    Array blitzburgh's Avatar
    Join Date
    May 2012
    Location
    Coastal SC
    Posts
    3,737
    Wow, that's interesting to know:

    Kimberly has explained that merely placing the other family member in fear that you might commit family violence is enough to have a protective order issued by a court. In many instances, the only evidence of a threat of family violence will be the uncorroborated testimony of the accuser.

    What is most important to note is that the Texas Family Code contains a standard temporary restraining order, which is issued by the courts in nearly every divorce case. This temporary restraining order is intended to do nothing more than maintain the status quo while the divorce is proceeding. It prohibits things like diverting the mail, turning off utilities to the home, and destroying or giving away community property. It also prohibits threatening or harassing behavior and committing acts of family violence, even if there has been NO ACCUSATIONS OR EVIDENCE of threats or violence.

    It is simply standard and applies to everyone involved in divorce, when one party asks for it. However, be warned, this is enough to cause a person who possesses firearms and/or ammunition to be in violation of federal law.
    I wouldn't be surprised if other states operate the same way. Luckily, divorce isn't something I need to worry about just yet.

    Thanks for posting, OP. It was an interesting read even though I don't live in Texas. I'm sure there's at least one member of this forum from Texas who will learn something they didn't know by reading this.

    ETA: As no NONAME would say, that's some serious Brava Sierra that all that's needed is just a mere claim from a soon to be ex-spouse, with no substantiation required. You'd think there would need to be some sort of proof needed, especially in the case of something as heated and bitter as a divorce can get.
    Last edited by blitzburgh; November 24th, 2013 at 12:01 PM.
    "Rebellion against tyrants is obedience to God." - Benjamin Franklin

    "Experience: that most brutal of teachers. But you learn, my God do you learn." - C.S. Lewis

  4. #3
    Distinguished Member Array BlackStallion29's Avatar
    Join Date
    Jul 2013
    Location
    NE Ohio
    Posts
    1,258
    Wow, I was just talking to a fellow the other day at the funeral home...had a friend of the family pass away. He told me that he had all of his guns taken away from him while he is going through a divorce. I thought that was odd until I just read this. Thanks for sharing it with us.
    gatorbait51 likes this.
    "Everybody gets knocked down in life. How you choose to get back up is up to you!"
    *NRA* *BFA*
    *GOA* *SAF*
    *NAGR* *USCCA*

  5. #4
    VIP Member Array rammerjammer's Avatar
    Join Date
    Oct 2009
    Location
    Omaha, Nebraska
    Posts
    3,218
    One more reason to not get married.
    blitzburgh and gatorbait51 like this.
    "Was there no end to the conspiracy of irrational prejudice against Red Ryder and his peacemaker?"

    Revolvers, “more elegant weapons for a more civilized age.”

  6. #5
    Pro
    Pro is offline
    Member Array Pro's Avatar
    Join Date
    Jan 2013
    Location
    Mass.
    Posts
    277
    Quote Originally Posted by rammerjammer View Post
    One more reason to not get married to the wrong girl.
    FIFY
    blitzburgh and gatorbait51 like this.
    Minimum government, maximum freedom.

    NRA - Member
    GOAL - Member

  7. #6
    Moderator
    Array RETSUPT99's Avatar
    Join Date
    Jul 2006
    Location
    Central Florida
    Posts
    43,817
    Thanks for the post, interesting read...
    gatorbait51 likes this.
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

    ***********************************
    Certified Glock Armorer
    NRA Life Member[/B]

  8. #7
    VIP Member Array dukalmighty's Avatar
    Join Date
    Feb 2008
    Location
    texas
    Posts
    15,094
    Texas has great SD laws,if you are justified you have nothing to worry about,My take on TLS is they are like the little chicken running around yelling the sky is falling.BTW my shooting buddy went thru a divorce,he has over 4 gun safes full of guns and several Full Autos,he never had one gun removed from his possession.
    gatorbait51 likes this.
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

  9. #8
    Member
    Array robhic's Avatar
    Join Date
    Mar 2013
    Location
    Louisiana
    Posts
    462
    I feel the need to take issue with the part about trigger pull weight not being relevant to a self-defense use in firing the weapon. It has been preached over and over by none other than Mas Ayoob who I think is undeniably a well-known expert in this area and professional witness in SD cases that it IS relevant. Ayoob has stated that, specifically, a lighter than factory trigger pull weight can be used by a "creative" prosecutor to imply that you attempted to make your weapon easier to fire, or more deadly or on and on. It can be turned around on you and if you or your attorney are not prepared to refute this, it may well be a serious problem for you. It is highly advised against.

    This is something that I think should be considered. Do I think the rest of the article is flawed? No, I don't. But the fact that he so openly seems to contradict possibly the #1 expert in this field kinda makes me leary about taking all of the information without a bit (lot?) more study.
    gatorbait51 and patri0t like this.
    -- Robert
    NRA Life Member

  10. #9
    VIP Member
    Array oneshot's Avatar
    Join Date
    Jul 2009
    Location
    +42.893612,-082.710236 , Mi.
    Posts
    7,548
    Very thought provoking article.
    Sounds as though that lawyer is well versed in firearms law.
    CIBMike likes this.
    If you want to make God laugh, tell him your plans.

    Washington didn't use his freedom of speech to defeat the British, He shot them!

    Politics is the art of looking for trouble, finding it whether it exists or not, diagnosing it incorrectly, and applying the wrong remedy." -- Ernest Benn

  11. #10
    Distinguished Member Array airslot's Avatar
    Join Date
    Oct 2007
    Location
    GA
    Posts
    1,492
    One more reason to not get married.
    AGAIN

    2nd EX pulled this kind of nonsense in NV. Good atty. got it squashed and squared away. That was thirty yrs ago, when common sense was still fairly common.
    gatorbait51 likes this.
    The situation will NEVER BE THE WAY YOU WANT, it WILL BE THE WAY IT IS. You must be FLEXIBLE ENOUGH TO ADAPT and just "DEAL WITH IT".

  12. #11
    Distinguished Member
    Array ShooterGranny's Avatar
    Join Date
    Aug 2013
    Location
    Southeast USA
    Posts
    1,838
    Quote Originally Posted by robhic View Post
    I feel the need to take issue with the part about trigger pull weight not being relevant to a self-defense use in firing the weapon. It has been preached over and over by none other than Mas Ayoob who I think is undeniably a well-known expert in this area and professional witness in SD cases that it IS relevant. Ayoob has stated that, specifically, a lighter than factory trigger pull weight can be used by a "creative" prosecutor to imply that you attempted to make your weapon easier to fire, or more deadly or on and on. It can be turned around on you and if you or your attorney are not prepared to refute this, it may well be a serious problem for you. It is highly advised against.

    This is something that I think should be considered. Do I think the rest of the article is flawed? No, I don't. But the fact that he so openly seems to contradict possibly the #1 expert in this field kinda makes me leary about taking all of the information without a bit (lot?) more study.
    This attorney was speaking specifically about TEXAS law and what can happen in courtrooms there. And he specified using a 1# pull trigger in your personal defense gun as his example. MA speaks in more general and cross-region terms. How, then, is this Texas law expert "flawed"???

    Of course, no one needs to believe anything they see or hear or read anyplace. Your choice.
    gatorbait51 likes this.
    Getting old was not on my list of "things to do" in the Golden Years!

    ==================

    Talking to each other here is good, but taking action is better.

  13. #12
    Senior Member Array patri0t's Avatar
    Join Date
    Mar 2013
    Location
    usa
    Posts
    728
    Quote Originally Posted by robhic View Post
    I feel the need to take issue with the part about trigger pull weight not being relevant to a self-defense use in firing the weapon. It has been preached over and over by none other than Mas Ayoob who I think is undeniably a well-known expert in this area and professional witness in SD cases that it IS relevant. Ayoob has stated that, specifically, a lighter than factory trigger pull weight can be used by a "creative" prosecutor to imply that you attempted to make your weapon easier to fire, or more deadly or on and on. It can be turned around on you and if you or your attorney are not prepared to refute this, it may well be a serious problem for you. It is highly advised against......................
    As I have stated many times on many forums, Prosecutors LOVE to hear the words, "modified firearm". Get the SD sidearm you like, the way it comes from the factory as it could easily keep you from being prosecuted.

    I remember the 'Temp Restraining Order' being part of standard divorce petitions since the '70s.
    Never heard of it being used to confiscate anyone's firearms, without specific cause, though. Some will always abuse the law, though.

    Yet another reason to keep some firearms and ammo stored 'off-site'.
    Retired State Trooper (40 long years) 8 years State Range Instructor - BS Degree- Justice, MS Degree- Criminology
    All forms of Gun Control are Unconstitutional / Illegal and beyond the scope of the US. Supreme Court.
    "He that hath no sword, let him sell his garment, and buy one"- Luke 22:36

  14. #13
    Member Array DaveInEdmonds's Avatar
    Join Date
    Jan 2013
    Location
    Puget Sound
    Posts
    211
    I saw "Cheaper Than Dirt" and immediately closed the link.
    Pro and Dennis1209 like this.

  15. #14
    Member Array SwordMaster's Avatar
    Join Date
    Aug 2012
    Location
    Virginia
    Posts
    235
    Good info. Thank you!

  16. #15
    Member
    Array robhic's Avatar
    Join Date
    Mar 2013
    Location
    Louisiana
    Posts
    462
    Quote Originally Posted by ShooterGranny View Post
    This attorney was speaking specifically about TEXAS law and what can happen in courtrooms there. And he specified using a 1# pull trigger in your personal defense gun as his example. MA speaks in more general and cross-region terms. How, then, is this Texas law expert "flawed"???
    Not quite. He mentioned the 1# trigger weight in regard to a negligent discharge. He wrote " ... If you fired your gun like you intended, the fact that it operated with a very light trigger pull or a heavy trigger pull will likely be irrelevant to any resulting legal matters." Big difference, IMO. He doesn't seem to think modifying the weight is significant. I would disagree and would do so in ANY state. A lighter pull is a lighter pull no matter where the gun is fired. I would certainly not bet my freedom against Mas' advice.
    -- Robert
    NRA Life Member

Page 1 of 2 12 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •