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« Reynolds & Denning on Heller's future | Main | Essays on Heller »

Local story on protection orders

Posted by David Hardy · 3 August 2008 12:14 PM

Story here. Mayor of a small town had his wife request a civil order of protection against him and his son. The order of protection form has a checkbox for finding that the person on the receiving end poses a credible threat and therefore police are to seize any arms they possess. The judge (without any requirement to notify the mayor or son or hear their side) issued the other, checked the box, and their firearms were impounded.

It's also possible here for a person completely unrelated to you to get an order of protection. Although that statute makes no mention of firearms, it does say that the order can enjoin you not to harass the other person and has a vague clause about the judge having the right to order other relief.

· protection orders (civil)

3 Comments | Leave a comment

Tom | August 3, 2008 6:16 PM | Reply

Man that has to be embarrassing.

sgtlmj | August 3, 2008 10:53 PM | Reply

The Lautenberg Amendment (which produces stories like the above) has to be one of the worst pieces of legislation to ever leave a slimy slug-trail. Hopefully it is successfully challenged and repealed ala Heller.

GMC70 | August 4, 2008 1:13 PM | Reply

Fair enough. But is that enough to deprive him of his Second Amendment right to possess firearms for self-defense?

That seems a stretch to us.

The issue has never made it to the U.S. Supreme Court. But in light of the high court’s landmark affirmation this summer of Second Amendment firearm possession rights, it should.

---

Perhaps. But it appears to me this is NOT the case to take it up. IF the MRS. allegations are true, the good Mayer, and particular his son, have anger issues.

Again, IF true.

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