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Originally Posted by Remsen
Originally Posted by JoeBob
Originally Posted by luv2safari
Where do you practice?

This shouldn't be an issue, given we have a Constitution that was designed primarily to protect natural human rights.

My late father/Esq stated that his profession was primarily protected by attorney-politicians who made sure attorneys were necessary and increasingly so by self-serving laws.

He was no slouch ambulance chaser and was highly respected in this State...served 12 years as Chairman of the State Board of Bar Examiners and was one of the drafters of the Bar Exam each year. He would no doubt have clobbered some of your assertions and notions.

I'm not trying to pick a fight. We just don't see eye-to-eye on this issue and the ramifications.


Why the frick are you talking about the Constitution? That is a dead instrument. Honest Abe ripped it up and wiped his ass with it 150 years ago.

Seriously, we saw how this schit show was going and tried to leave then. But you damned Yankees drug us back in. Now you expect us to give a damn because your states at taking your rights? Go find a map of the states that have red flag laws in place, only one of them is in the South and it has been occupied by the entire state of New York.

I mean, I’m broadly sympathetic, but quit crying about the Constitution. It’s been a dead letter for a Long damned time and most on this board will cheer its destruction when the subject comes up.


Can't disagree with what you've said about the Constitution. Most of my practice is focused on the Constitution, but it might as well be based on a random number generator the way federal courts work.


If you didn’t realize in law school when they first told you about the case where the Roosevelt administration used the Commerce Clause to keep a man from growing a backyard garden that they can do whatever the frick they want, then you weren’t paying attention.

And I’m using “you” in the general sense. That isn’t aimed at you specifically.

Last edited by JoeBob; 08/16/19.

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The ACLU will fix it.

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Originally Posted by Remsen
Originally Posted by JoeBob
Originally Posted by luv2safari
Where do you practice?

This shouldn't be an issue, given we have a Constitution that was designed primarily to protect natural human rights.

My late father/Esq stated that his profession was primarily protected by attorney-politicians who made sure attorneys were necessary and increasingly so by self-serving laws.

He was no slouch ambulance chaser and was highly respected in this State...served 12 years as Chairman of the State Board of Bar Examiners and was one of the drafters of the Bar Exam each year. He would no doubt have clobbered some of your assertions and notions.

I'm not trying to pick a fight. We just don't see eye-to-eye on this issue and the ramifications.


Why the frick are you talking about the Constitution? That is a dead instrument. Honest Abe ripped it up and wiped his ass with it 150 years ago.

Seriously, we saw how this schit show was going and tried to leave then. But you damned Yankees drug us back in. Now you expect us to give a damn because your states at taking your rights? Go find a map of the states that have red flag laws in place, only one of them is in the South and it has been occupied by the entire state of New York.

I mean, I’m broadly sympathetic, but quit crying about the Constitution. It’s been a dead letter for a Long damned time and most on this board will cheer its destruction when the subject comes up.


Can't disagree with what you've said about the Constitution. Most of my practice is focused on the Constitution, but it might as well be based on a random number generator the way federal courts work.



They are a dangerous problem with the life tenure of the judges. It's a hard call as to whether that is better or worse than termed appointments, which can change the federal courts as a whole a complete 180.


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Acquit v. t. To render a judgment in a murder case in San Francisco... EQUAL, adj. As bad as something else. Ambrose Bierce “The Devil's Dictionary”







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Originally Posted by JoeBob
Originally Posted by Remsen
Originally Posted by JoeBob
Originally Posted by luv2safari
Where do you practice?

This shouldn't be an issue, given we have a Constitution that was designed primarily to protect natural human rights.

My late father/Esq stated that his profession was primarily protected by attorney-politicians who made sure attorneys were necessary and increasingly so by self-serving laws.

He was no slouch ambulance chaser and was highly respected in this State...served 12 years as Chairman of the State Board of Bar Examiners and was one of the drafters of the Bar Exam each year. He would no doubt have clobbered some of your assertions and notions.

I'm not trying to pick a fight. We just don't see eye-to-eye on this issue and the ramifications.


Why the frick are you talking about the Constitution? That is a dead instrument. Honest Abe ripped it up and wiped his ass with it 150 years ago.

Seriously, we saw how this schit show was going and tried to leave then. But you damned Yankees drug us back in. Now you expect us to give a damn because your states at taking your rights? Go find a map of the states that have red flag laws in place, only one of them is in the South and it has been occupied by the entire state of New York.

I mean, I’m broadly sympathetic, but quit crying about the Constitution. It’s been a dead letter for a Long damned time and most on this board will cheer its destruction when the subject comes up.


Can't disagree with what you've said about the Constitution. Most of my practice is focused on the Constitution, but it might as well be based on a random number generator the way federal courts work.


If you didn’t realize in law school when they first told you about the case where the Roosevelt administration used the Commerce Clause to keep a man from growing a backyard garden that they can do whatever the frick they want, then you weren’t paying attention.

And I’m using “you” in the general sense. That isn’t aimed at you specifically.


I'm something of a crusader...I fight the ACLU for a living.


Eliminate qualified immunity and you'll eliminate cops who act like they are above the law.
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Originally Posted by Remsen
Originally Posted by JoeBob
Originally Posted by Remsen
Originally Posted by JoeBob
Originally Posted by luv2safari
Where do you practice?

This shouldn't be an issue, given we have a Constitution that was designed primarily to protect natural human rights.

My late father/Esq stated that his profession was primarily protected by attorney-politicians who made sure attorneys were necessary and increasingly so by self-serving laws.

He was no slouch ambulance chaser and was highly respected in this State...served 12 years as Chairman of the State Board of Bar Examiners and was one of the drafters of the Bar Exam each year. He would no doubt have clobbered some of your assertions and notions.

I'm not trying to pick a fight. We just don't see eye-to-eye on this issue and the ramifications.


Why the frick are you talking about the Constitution? That is a dead instrument. Honest Abe ripped it up and wiped his ass with it 150 years ago.

Seriously, we saw how this schit show was going and tried to leave then. But you damned Yankees drug us back in. Now you expect us to give a damn because your states at taking your rights? Go find a map of the states that have red flag laws in place, only one of them is in the South and it has been occupied by the entire state of New York.

I mean, I’m broadly sympathetic, but quit crying about the Constitution. It’s been a dead letter for a Long damned time and most on this board will cheer its destruction when the subject comes up.


Can't disagree with what you've said about the Constitution. Most of my practice is focused on the Constitution, but it might as well be based on a random number generator the way federal courts work.


If you didn’t realize in law school when they first told you about the case where the Roosevelt administration used the Commerce Clause to keep a man from growing a backyard garden that they can do whatever the frick they want, then you weren’t paying attention.

And I’m using “you” in the general sense. That isn’t aimed at you specifically.


I'm something of a crusader...I fight the ACLU for a living.



Well...give up fighting the Civil War and quit flaming Yankees who want to fight along side you. wink


Hunt with Class and Classics

Religion: A founder of The Church of Spray and Pray

Acquit v. t. To render a judgment in a murder case in San Francisco... EQUAL, adj. As bad as something else. Ambrose Bierce “The Devil's Dictionary”







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Meh, you guys have already lost the fight. About all you can do is move.

Look with guns specifically, most on this board have watched it happen before their eyes and they still don’t get it. When gun control failed on the national level after Sandy Hook, they changed tactics. I remember reading it at the time. They started focusing on the states. And now, every state with an unassailable Democratic majority has, for the most part a gun control wish list as law.

Last edited by JoeBob; 08/16/19.
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Originally Posted by JoeBob
Meh, you guys have already lost the fight. About all you can do is move.

Look with guns specifically, most on this board have watched it happen before their eyes and they still don’t get it. When gun control failed on the national level after Sandy Hook, they changed tactics. I remember reading it at the time. They started focusing on the states. And now, every state with an unassailable Democratic majority has, for the most part a gun control wish list as law.


They made states a priority and are winning huge.


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Interesting that these statutes don't require the identification of a particularized (pre)victim in order to issue the injunction.



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Originally Posted by mrchongo
This link goes to an article in a very liberal weekly in the heart of Bernie Sanders country. Read it, because this legislation may well become the model for a federal law. It’s not about “mentally ill”. The operative language concerns those who “present a danger to themselves or others.” Think about that a bit. Who decides that? Your doctor could decide it! You heard it around The ‘Fire first.


I have always said there should be 2 separate sources that agree on you mental state and then you are taken into custody and a hearing had to judge your mentally state and then only are the guns taken for a stated period of time. Only taking the guns does nothing for or to you as you can get other guns by hook or by crook. Just my take on things. Cheers NC


don't judge until you have walked a mile in other persons' moccasins'
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Originally Posted by The_Real_Hawkeye
Originally Posted by JoeBob
I would propose that firearms could be taken ex parte, but that within 14 days of the order the state must file and pursue an involuntary commitment or the guns go back. I would also provide criminal and civil penalties for falsely reporting someone to be a risk.
Another traitor.


Some one ask TRH just how would he keep nut jobs from using guns?


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Originally Posted by northcountry


Only taking the guns does nothing for or to you as you can get other guns by hook or by crook. Just my take on things. Cheers NC


That's the elegance. It's "narrowly tailored".



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If you’re too unstable to owe a firearm in society then you’re too dangerous to be allowed to walk amongst the civilized world. Send them off to a large island turned insane asylum......or whatever, they just don’t get to live with those of us that wish to live peacefully.


�Politicians are the lowest form of life on earth. Liberal Democrats are the lowest form of politician.� �General George S. Patton, Jr.

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Originally Posted by JoeBob
You can get an ex parte protective order and get your firearms confiscated in Kansas tomorrow.

Your post is a good example of why we are losing the fight. We don’t understand the fight. There is ZERO chance of a federal red flag law. It doesn’t work that way. Every red flag law will be put in place by a state legislature.

You talked in some of your post as if we have avoided UBC and other measures since Sandy Hook. Far from it. Lots of states have very restrictive UBC, Red Flag laws, AND AWB bans more restrictive than anything ever proposed on the national level while people on this board and elsewhere stay focused on what the idiots in Congress are doing.


You are not responding to my arguments or questions, but instead attacking me. I've never heard of anybody having their guns confiscated due to an ex parte protective order in Kansas, nor is there a Red Flag Law.

If there is no chance of a Federal Red Flag Law, then why are you arguing for one? Seventeen states aren't even half of the US. The only states I know of that restrict assault weapons are California and New York. There is very little possibility anything like that will be passed in my state or those that I spend time in with the possible exception of Texas, which seems to be going south quickly commensurate with the flood of illegals.

As to Sandy Hook specifically, Cali already had an AWB in place. IIRC New York's did come about after Sandy hook and ostensibly in response to it. It is hard to beat a bunch of New York City liberals and the ultra-rich former mayor of the same city when their monies are focused on anti-gun legislation.

I'm not the problem here. The problem is defeatist attitudes such as your own.

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Originally Posted by EthanEdwards
Originally Posted by JoeBob
You can get an ex parte protective order and get your firearms confiscated in Kansas tomorrow.

Your post is a good example of why we are losing the fight. We don’t understand the fight. There is ZERO chance of a federal red flag law. It doesn’t work that way. Every red flag law will be put in place by a state legislature.

You talked in some of your post as if we have avoided UBC and other measures since Sandy Hook. Far from it. Lots of states have very restrictive UBC, Red Flag laws, AND AWB bans more restrictive than anything ever proposed on the national level while people on this board and elsewhere stay focused on what the idiots in Congress are doing.


You are not responding to my arguments or questions, but instead attacking me. I've never heard of anybody having their guns confiscated due to an ex parte protective order in Kansas, nor is there a Red Flag Law.

If there is no chance of a Federal Red Flag Law, then why are you arguing for one? Seventeen states aren't even half of the US. The only states I know of that restrict assault weapons are California and New York. There is very little possibility anything like that will be passed in my state or those that I spend time in with the possible exception of Texas, which seems to be going south quickly commensurate with the flood of illegals.

As to Sandy Hook specifically, Cali already had an AWB in place. IIRC New York's did come about after Sandy hook and ostensibly in response to it. It is hard to beat a bunch of New York City liberals and the ultra-rich former mayor of the same city when their monies are focused on anti-gun legislation.

I'm not the problem here. The problem is defeatist attitudes such as your own.



How in the blue blazes do you get that I’m arguing for a federal red flag law? Seriously, are you people taking crazy pills?

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JoeBob, I'm going to be a hardass on this. Anything short of a psych hold with exam and adjudication is insufficient due process to deprive someone of a Constitutional right. Matter of sufficient evidence, to constitute due process. A judge is not competent to determine if someone is a danger to himself or others unless the subject is stark raving mad and declares his intentions. Not so sure your 14 day TRO would hold water if it was challenged. Seems like a psyche hold would make that moot.


The key elements in human thinking are not numbers but labels of fuzzy sets. -- L. Zadeh

Which explains a lot.
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Originally Posted by nighthawk
JoeBob, I'm going to be a hardass on this. Anything short of a psych hold with exam and adjudication is insufficient due process to deprive someone of a Constitutional right. Matter of sufficient evidence, to constitute due process. A judge is not competent to determine if someone is a danger to himself or others unless the subject is stark raving mad and declares his intentions. Not so sure your 14 day TRO would hold water if it was challenged. Seems like a psyche hold would make that moot.


My point is not to advocate for this but rather to tell you that the 14 day TRO on ex parte orders is already in effect in every state.

One of the things I was just throwing out there is to make it part of the mental incapacity adjudication process in order to guarantee more due process than what you get in some places in protective orders. My rationale being that if they are going to take your guns, they need to prove that you are crazy, or give them back.

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Originally Posted by AcesNeights
If you’re too unstable to owe a firearm in society then you’re too dangerous to be allowed to walk amongst the civilized world. Send them off to a large island turned insane asylum......or whatever, they just don’t get to live with those of us that wish to live peacefully.



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does anybody but you know exactly how many guns you have and where they are at?


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Originally Posted by JoeBob

If you didn’t realize in law school when they first told you about the case where the Roosevelt administration used the Commerce Clause to keep a man from growing a backyard garden that they can do whatever the frick they want, then you weren’t paying attention.

And I’m using “you” in the general sense. That isn’t aimed at you specifically.

Yep, I was blown away when we got to those cases.

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Originally Posted by JoeBob

How in the blue blazes do you get that I’m arguing for a federal red flag law? Seriously, are you people taking crazy pills?
We've been thinking that lately you've lost it. We remember you as being against government usurpations of power.

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