How Close We Really Are to Gun Confiscation

[26 Inf]

I can. In Texas, if you're going through a divorce, it is a virtual certainty that you will also be served with a temporary restraining order. Unlike a Protective Order, there need be no history or even threat of DV for a TRO to be issued. I know that is not the same as an anonymous tip/complaint but it is also not a reasonable basis for broad brush restriction of rights.

The law may be similar in many other states.

I did not know that as a matter of course they seized anyhting under those TRO's.

A quick google search reveals that due process isn't thrown out the window:

A TRO is governed by Texas Rules of Civil Procedure Rule 680 and Texas Family Code § 150.001.

If your spouse wishes to file a TRO that immediately excludes you from possession of or access to your children, a notice of this hearing must be given to you prior to the court date.

The only exception to this is an Ex-Parte meeting with the judge, which means that only your spouse or her attorney will be present at the preliminary hearing. The judge may order a TRO Ex-Parte only if the TRO clearly demonstrates from specific facts shown by affidavit or by a verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant or children before notice can be served and an actual hearing.

My comment: In context, I guess a Judge has found PC to believe that [I]immediate and irreparable injury, loss, or damage will result to the applicant or children before notice can be served and an actual hearing.[/I]

1. A TRO has a time limit, which is 14 days. After 14 days the TRO may be extended by a judge only once for an additional 14 days. Thus at most this TRO may only last 28 days’ absent agreement to an additional extension. A Judge does have the discretion to extend the TRO more than once if it is uncontested (you do nothing or do not appear).

2. A TRO is NOT a Protective Order. This means that the police cannot kick you out of your house or forcibly arrest you for violating a TRO, absent any related criminal conduct. There are consequences for violating the TRO but not criminal consequence. You may be found in contempt of court by the Judge who ordered the TRO and forced to pay fines or be held to more severe sanctions. Violations will not be good for your case if you intentionally violate.......

3. A TRO must have a signed and notarized Affidavit or a verified pleading attached to the motion. If the opposing counsel did not follow these procedures the order may upon motion to dissolve be found void due to violation of the Texas Rules of Civil Procedure.

4. You cannot practically appeal a TRO because it may only last for at most 28 days, if contested. Once you are served with the Ex-Parte TRO, you may request a motion to modify or dissolve the TRO after giving your spouse 48-hour notice and seek attorney fees if the filing was false or frivolous.

TRO’s are civil injunctions that are usually given without notice only if immediate and irreparable injury, loss, or damage will happen. The proof rules are more relaxed in Family Law Cases. Specific TRO procedures can differ in all counties and in different courts so make sure the check online the rules of each specific jurisdiction.

TRO’s only last 14 days and cannot be enforced by police officers, absent related criminal activity. Do not be distressed if you are served a TRO one day while you are battling your spouse for child custody or property. Take a deep breath call your attorney and set a hearing to modify, vacate or dissolve the TRO.

Many counties have standing orders that issue and are effective as to both parties upon the filing of a Family Law Proceeding. Read such mandatory orders before you file your case.

http://www.nacollawfirmblog.com/fami...hat-a-tro-does

[officerX]

http://www.breitbart.com/big-governm...cation-orders/

[Dienekes]

The way things are going, I'd think Eric Prince could stand up something like "Kurdish Solutions, LLC" and be inundated by Alpha American males that don't WANT to go home again.

[SeriousStudent]

KNOCK THE SHIT OFF.

It's spring break, and people are getting ready to get put on the beach. You got a problem? Hit "Report Post". This tit for tat bullshit ends now.

Stand by for infractions, and do not bitch to me when you get them.

[SeriousStudent]

Everyone that wants to throw gasoline on the fire is gone for three days.

Is there anyone else that does not understand that this subforum is named "General Discussion" and not "Bickering and Personal Attacks"?

[HeruMew]

Just spent 2 hours writing letters, emails, and filling out Crappy Online Submission forms that damn near EVERY DFL member in MN uses.

SF3331 Was introduced to Minnesota, slyly, today to ban all "high capacity magazines" over 10 rounds. Unless:

You pay the gooberment to keep them AND register them at this time.
The gooberment can come look at your house and them, without warrant, no problem.
When you die, SURPRISE: NO ONE CAN HAVE THEM. They are destroyed or turned over to gov.

I was PISSSSSSSSSED, when I saw this come through the channels.

For all firearms too. If this passes, I move to Montana.

It's been in my eyesight for a long damn time, it might just happen this year.

[ramairthree]

I think some here are not very familiar with with how easy it is to commit someone.

The crazy wife, baby momma, kids that want your money, grand kids you kicked out for stealing from you, etc. go to a judge, magistrate, etc. or call the police.

They say you are crazy, threatened to kill them all then rape them than kill yourself, or some such combination.
Or that you are a drunken druggie not taking your meds from the VA PTSD time bomb about to go on a killing spree.
This can be completely untrue and vindictive.

You are brought to a psyc facility or the local ED by the police.
If you have commitment papers and say,
“Hey man, it’s not true, I am not crazy, i’m Out of here bitches”
They will say,
“cool, the psychiatrist will see you and sort it out. We are just screening you medically before he does that. You have commitment papers. You can’t leave.
This may take a day or two. Sorry man.”

If you don’t have papers,
And say, “Dude, I’m not crazy. I do not consent to this. I am leaving as soon as the cops uncuff me.”
They will say, “sorry, I’m the ER guy, not the psyc. I am just making sure you are not ill or injured before the psychiatrist sees you. If you volunteer to stay, great. If not, I spend two minutes on this piece of paper that commits you requiring a psychiatric evaluation. It may take a day or two before he evaluates you.”

With luck, if you are a totally innocent, sane man, you will be on your way in several hours.
While people have taken/sold your guns,robbed your stuff, taken off out of state with your kids,
And with the reputation of being rolled up by the police for a psyc eval.

That is RFN.

Go to grandpas house. Get a couple of drinks in him. Ask him for his life savings and to give you his collection of WWII highly valuable bring backs.
When he says no, get him wrapped up by calling him in and saying he was running around talking about killing krauts and japs and gooks with his guns. He will be a little tipsy, maybe have a little baseline senility, and he will get brought in.

That is this very moment you could do that.
You might well have a day or so to clean out his collection “for his safety.”

Now, add in some laws that strip their 2A rights make it near impossible to get them back after a situation like this.

Like any gun law,
It will only adversely affect those you should not.

[ramairthree]

I think some here are not very familiar with with how easy it is to commit someone.

The crazy wife, baby momma, kids that want your money, grand kids you kicked out for stealing from you, etc. go to a judge, magistrate, etc. or call the police.

They say you are crazy, threatened to kill them all then rape them than kill yourself, or some such combination.
Or that you are a drunken druggie not taking your meds from the VA PTSD time bomb about to go on a killing spree.
This can be completely untrue and vindictive.

You are brought to a psyc facility or the local ED by the police.
If you have commitment papers and say,
“Hey man, it’s not true, I am not crazy, i’m Out of here bitches”
They will say,
“cool, the psychiatrist will see you and sort it out. We are just screening you medically before he does that. You have commitment papers. You can’t leave.
This may take a day or two. Sorry man.”

If you don’t have papers,
And say, “Dude, I’m not crazy. I do not consent to this. I am leaving as soon as the cops uncuff me.”
They will say, “sorry, I’m the ER guy, not the psyc. I am just making sure you are not ill or injured before the psychiatrist sees you. If you volunteer to stay, great. If not, I spend two minutes on this piece of paper that commits you requiring a psychiatric evaluation. It may take a day or two before he evaluates you.”

With luck, if you are a totally innocent, sane man, you will be on your way in several hours.
While people have taken/sold your guns,robbed your stuff, taken off out of state with your kids,
And with the reputation of being rolled up by the police for a psyc eval.

That is RFN.

Go to grandpas house. Get a couple of drinks in him. Ask him for his life savings and to give you his collection of WWII highly valuable bring backs.
When he says no, get him wrapped up by calling him in and saying he was running around talking about killing krauts and japs and gooks with his guns. He will be a little tipsy, maybe have a little baseline senility, and he will get brought in.

That is this very moment you could do that.
You might well have a day or so to clean out his collection “for his safety.”

Now, add in some laws that strip their 2A rights make it near impossible to get them back after a situation like this.

Like any gun law,
It will only adversely affect those you should not.

[R6436]

Just spent 2 hours writing letters, emails, and filling out Crappy Online Submission forms that damn near EVERY DFL member in MN uses.

SF3331 Was introduced to Minnesota, slyly, today to ban all "high capacity magazines" over 10 rounds. Unless:

You pay the gooberment to keep them AND register them at this time.
The gooberment can come look at your house and them, without warrant, no problem.
When you die, SURPRISE: NO ONE CAN HAVE THEM. They are destroyed or turned over to gov.

I was PISSSSSSSSSED, when I saw this come through the channels.

For all firearms too. If this passes, I move to Montana.

It's been in my eyesight for a long damn time, it might just happen this year.

Being within spitting distance of the southern border MN, that bill is concerning.

[ramairthree]

Being within spitting distance of the southern border MN, that bill is concerning.

Sadly, we used to mock the idiocy of left with their laws and misunderstandings.

Now they have evolved into being more dangerously targeted.