Monday, August 04, 2014

They really seem to dislike that 'due process' stuff, don't they?

Apparently 'domestic violence' is the magic phrase that makes those troublesome civil rights go away.
George Mason University law professor Joyce Malcolm said the bills under consideration “ride roughshod over” some of the “key rights” in the U.S. Constitution.

Blumenthal’s bill, she said, would allow the seizure of firearms from anyone subject to a temporary restraining order upon the filing of such a complaint.

“The police would be sent to search for, and forcibly seize, any firearms found in his possession. This is a serious infringement of due process, an Alice in Wonderland world in which, like the Red Queen, the new rule is ‘Sentence first! Verdict afterwards,’” Malcolm said.
I've been told by cops that 'Anybody can get a restraining order on anyone.  You could get one on me, just by filling out the paperwork.'  And according to Blumenthal, that should mean the cops get to raid my house and take my property. 

Which sounds like that bill being pushed in Californicated in which someone could claim you're not safe to own guns, upon which the cops could raid you, doesn't it?  These clowns REALLY want those SWAT teams kicking in doors, don't they?


Country Boy said...

Does that mean you can file a restraining order against the police and disarm them? If you file a restraining order against the swat team, who shows up to kick their door down and take their weapons? This could be interesting.

Anonymous said...

it's a trivial matter next to teh injustice of it all, but I imagine the police are totally unpreparred to accomplish this administratively.

Remember that major city law enforcement will not even answer 911 calls unless there is a violent crime being committed. They are too busy (or so they claim).

But they don't storage space for private property that has been seized pending domestic dispute resolution or any of the internal policies for transferring it and eventually returning it in good condition. They can't even guarantee that stuff in the evidence locker won't be stolen before the trials.

Firehand said...

That would be interesting, wouldn't it? File an order against whatever cops are involved, and if they claim some kind of immunity, oh, the lawsuit!

That's another one: "Officer, what do you mean you don't know what happened to this property that was under YOUR care?"