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View Full Version : Heller, Nordyke, and RO disarmament


Paladin
12-01-2008, 12:39 PM
A friend of a friend was recently "disarmed" by his ex-gf (and mother of their child) filing a restraining order (RO) against him. Acc to my friend, this RO is uncalled for and vindictive.

1) Will Nordyke incorporation of Heller offer any hope for shooting down the law that requires the automatic "disarmament" of people via ROs? Afterall, won't the 2nd A be a "fundamental right"?

2) What would you suggest my friend do (while that law is still in effect)?

Thanks.

yellowfin
12-01-2008, 12:42 PM
Could he pursue an abuse of process claim?

Paladin
12-01-2008, 12:50 PM
Let me edit my original post.

bwiese
12-01-2008, 1:38 PM
I'm betting it's a TRO (temp. restraining order), and those can be fixed.

Obviously he needs an attorney to fight for his rights - No Lo Press' "Do It Yourself Divorce for Dummies" book ain't gonna fly here.

And whatever he does he should NEVER talk to the woman again. Some dudes make the mistake of reconciling - but when soon-to-be-wifey uses courts to violate your RKBA for sheer vindictiveness, it's time to go nuclear.

bulgron
12-01-2008, 2:30 PM
And whatever he does he should NEVER talk to the woman again. Some dudes make the mistake of reconciling - but when soon-to-be-wifey uses courts to violate your RKBA for sheer vindictiveness, it's time to go nuclear.

+1

Never, never, never have anything to do with a woman (or anyone, actually) who would violate your gun rights.

I keep hearing about guys who get married and then have to keep their guns in someone else's safe. IMO, they married the wrong lady and I'm not shy about saying so too.

There aren't very many things that will cause me to drop someone out of my life forever, but attempting to disarm me is one of those things.

BTW, I'll be working to instill the same philosophy in my daughters as they grow older and get into serious dating situations. If a guy can't handle them being armed, then there's no point in them considering that guy as a potential life-partner. Just move along ....

E Pluribus Unum
12-01-2008, 2:56 PM
Honestly, I left a girlfriend of 6 years for calling the police on me. There was no RO, there was nothing to do with my gun rights, but the fact that she got me arrested on a BS charge was enough for me never to trust her again.

Under the current system, all a woman has to do is lie to the police and the man goes to jail. If a woman does this, she is not worth a damn, get rid of her permanently.

hoffmang
12-01-2008, 3:03 PM
The process for getting a restraining order will have to get much more honest and individualistic to survive Constitutional scrutiny post Nordyke.

-Gene

E Pluribus Unum
12-01-2008, 3:18 PM
The process for getting a restraining order will have to get much more honest and individualistic to survive Constitutional scrutiny post Nordyke.

Not if they remove the prohibition of gun ownership from them.

aileron
12-01-2008, 5:46 PM
Honestly, I left a girlfriend of 6 years for calling the police on me. There was no RO, there was nothing to do with my gun rights, but the fact that she got me arrested on a BS charge was enough for me never to trust her again.

Under the current system, all a woman has to do is lie to the police and the man goes to jail. If a woman does this, she is not worth a damn, get rid of her permanently.

You have lived an interesting life... (I mean this in the best way) but may the rest of your days be boring! ;)

Racefiend
12-01-2008, 5:59 PM
+1

Never, never, never have anything to do with a woman (or anyone, actually) who would violate your gun rights.

I keep hearing about guys who get married and then have to keep their guns in someone else's safe. IMO, they married the wrong lady and I'm not shy about saying so too.

There aren't very many things that will cause me to drop someone out of my life forever, but attempting to disarm me is one of those things.



Hey, by default they already take your 1st ammendment away, whats one more? :p

Meplat
12-01-2008, 8:22 PM
I made that all clear to my X before we were married. To this day she has never challenged it. Good woman, just can't live with her.;)


+1

Never, never, never have anything to do with a woman (or anyone, actually) who would violate your gun rights.

I keep hearing about guys who get married and then have to keep their guns in someone else's safe. IMO, they married the wrong lady and I'm not shy about saying so too.

There aren't very many things that will cause me to drop someone out of my life forever, but attempting to disarm me is one of those things.

BTW, I'll be working to instill the same philosophy in my daughters as they grow older and get into serious dating situations. If a guy can't handle them being armed, then there's no point in them considering that guy as a potential life-partner. Just move along ....

Theseus
12-01-2008, 8:28 PM
I recently swore off the one real group of friends I made here in California because they continually wanted me to leave my gun in the car. . .

And as far as the RO goes..crazy is crazy...they may not be crazy today, but tomorrow is another day. If you can't trust 'em not to go cray or accept who you are then they need to go. I once kicked a girlfriend out for checking the call log on my cell phone. RIGHT THEN AND THERE.

It is none of her business who I call.

anthonyca
12-01-2008, 8:39 PM
I'm betting it's a TRO (temp. restraining order), and those can be fixed.

Obviously he needs an attorney to fight for his rights - No Lo Press' "Do It Yourself Divorce for Dummies" book ain't gonna fly here.

And whatever he does he should NEVER talk to the woman again. Some dudes make the mistake of reconciling - but when soon-to-be-wifey uses courts to violate your RKBA for sheer vindictiveness, it's time to go nuclear.

Good advise. NEVER NEVER NEVER speak to her directly again. When she shows up on your door step ignore her.

anthonyca
12-01-2008, 8:42 PM
Not if they remove the prohibition of gun ownership from them.

Having a resraining order placed on you by an ex with out affecting your 2nd ammendment rights may be a blessing in disguise.:D But as of now a RO will dissarm you.

E Pluribus Unum
12-01-2008, 8:46 PM
You have lived an interesting life... (I mean this in the best way) but may the rest of your days be boring! ;)

Amen brother! :)

We make the beds we live in and are a product of our own actions. It seems sometimes as if a dark cloud has followed me in some regards but lately I have been diligent in seeking my ownership in these situations as to prevent them from happening.

After having lost everything, there is some hope in the fact that I have no responsibilities and I am in essence starting with a clean slate.

anthonyca
12-01-2008, 8:59 PM
A friend of a friend was recently "disarmed" by his ex-gf (and mother of their child) filing a restraining order (RO) against him. Acc to my friend, this RO is uncalled for and vindictive.

1) Will Nordyke incorporation of Heller offer any hope for shooting down the law that requires the automatic "disarmament" of people via ROs? Afterall, won't the 2nd A be a "fundamental right"?

2) What would you suggest my friend do (while that law is still in effect)?

Thanks.

Was he charged or arrested for anything? If he EVER thinks of speaking with her again have him read these links.Many people and counsel do now understand or know about this law. Tens of thousands of people have lost their military or LEO carrer and did not know when pleading that they would be banned for life. http://www.gunlawnews.org/lautenberg.html
http://www.atf.gov/firearms/domestic/112807mcdv_brochure.pdf

Paladin
12-02-2008, 10:04 PM
Thanks for all the advice. I've emailed the link to this thread to the friend of my friend.

tetris
12-03-2008, 12:10 AM
but when soon-to-be-wifey uses courts to violate your RKBA for sheer vindictiveness, it's time to go nuclear.

And by "nuclear", Bill doesn't mean dropping a 20 megaton bomb on her house...or other destructive act.

Adonlude
12-03-2008, 4:25 PM
I have read quite a few of these vindictive EX restraining orders threads and it's always the same story with some poor guy getting their RKBA taken by an evil EX that he wants absolutely nothing to do with.

Where do you guys find these crazy women who stalk you until they get fed up with you ignoring them so they finally get a RO just to take your gun rights away because somehow they learned that RO's take your gun rights away?

GuyW
12-03-2008, 5:36 PM
I have read quite a few of these vindictive EX restraining orders threads and it's always the same story with some poor guy getting their RKBA taken by an evil EX that he wants absolutely nothing to do with.

Where do you guys find these crazy women who stalk you until they get fed up with you ignoring them so they finally get a RO just to take your gun rights away because somehow they learned that RO's take your gun rights away?

Sounds like a good use for a "prenuptual" agreement to me...but I'm no attorney...

Maybe, "Bimbo agrees that she will lose ownership of any purported community property, and immediately pay Dude $100,000 upon invoking an RO under circumstances where no physical violence has occurred..."

.

anthonyca
12-03-2008, 6:29 PM
I have read quite a few of these vindictive EX restraining orders threads and it's always the same story with some poor guy getting their RKBA taken by an evil EX that he wants absolutely nothing to do with.

Where do you guys find these crazy women who stalk you until they get fed up with you ignoring them so they finally get a RO just to take your gun rights away because somehow they learned that RO's take your gun rights away?

Many times their divorce attorney tells them to pull this or threaten it as a bargaining chip.

Most of the time there is just no telling what happens in their mind. But thats what they say about us too.