Stand your ground law and my unfortunate situation with "new neighbor"

[JetGirl]

bat**** crazy

Once again, the correct term is "Guano-psychotic".

 

[TB1999]

......Dude don' HAVE ta do a eF'n thing.......'cept stay in his own space.....an' mind his own bizz.......perty simple, really.....an' it'd be the other dudes bes' interest......ta do the same......

Yeah, he also doesn't HAVE to hide behind the trash cans and crap his pants every time he thinks about confronting the guy...but he still does.

 

[JetGirl]

it certainly can happen very quickly "over your lunch hour"

You go in, fill out paperwork,... It can be granted immediately

So what's to stop anyone from filing falsely and forever creating a flag in your NICS background check that gets a proper person denied? (We all know how easy and quick that legal paperwork crap is to undo...)

 

[iChokePeople]

So what's to stop anyone from filing falsely and forever creating a flag in your NICS background check that gets a proper person denied? (We all know how easy and quick that legal paperwork crap is to undo...)

My source does not know how that happens or what would be found in the NICS check. She is very clear that at least in THIS county, removing someone's firearms is EXTREMELY rare (twice that she knows of), but has no knowledge of the NICS process.

 

[Harleyrider_50]

Yeah, he also doesn't HAVE to hide behind the trash cans and crap his pants every time he thinks about confronting the guy...but he still does.

?.....Would'n know,cuzzz....I.....ain't 1 them type dudes....trus'me........

 

[JetGirl]

My source does not know how that happens or what would be found in the NICS check.

but has no knowledge of the NICS process.

4473 form question "H" asks, "Are you subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner?" (Granted it doesn't say "neighbor across the street", but I'm sure any RO in the system would pop up with your name/birthday/SSN regardless who it is keeping you from harassing...)

 

[iChokePeople]

4473 form question "H" asks, "Are you subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner?" (Granted it doesn't say "neighbor across the street", but I'm sure any RO in the system would pop up with your name/birthday/SSN regardless who it is keeping you from harassing...)

I'll have to double-check, but I *think* there's something on the protective order "paperwork" that designates that it was "domestic". I think you're correct, though, with the possible exception of something like that preventing the NICS check from pinging on a non-domestic, if that makes sense.

 

[bradmedic04]

It probably also depends on how quickly/efficiently local PD actually reports these things to the central database keepers, and how quickly the federal gubmint updates their system.

 

[steveh_131]

this thread is just so good.

anxiously awaiting the next update

 

[chezuki]

^this


or maybe the employees thought he was trying to order a chalupa.

Chalupas are delicious!!

 

[bradmedic04]

Once again, the correct term is "Guano-psychotic".

 

[Wabatuckian]

4473 form question "H" asks, "Are you subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner?" (Granted it doesn't say "neighbor across the street", but I'm sure any RO in the system would pop up with your name/birthday/SSN regardless who it is keeping you from harassing...)

I believe you can just challenge this in court, JG, but the wording (as you note) is specific and could be a defense.

If my wife got really mad at me, I'm sure she could go file a protective/restraining order to keep me from buying guns.

On the other hand, she'd have to give a reason. A false reason is perjury. Keep in mind that I don't know the exact process and am not a lawyer.

Josh

 

[femurphy77]

I nominate this for INGO "Thread of the Year 2014" (at least for now...)

We'll see. . . .there'll never be another Wallet though. (insert angelic music, pure white background, puppies playing in the foreground, etc.)

 

[chezuki]

We'll see. . . .there'll never be another Wallet though. (insert angelic music, pure white background, puppies playing in the foreground, etc.)

 

[Motorhead302]

We'll see. . . .there'll never be another Wallet though. (insert angelic music, pure white background, puppies playing in the foreground, etc.)

apparently i need to do some searching.

 

[sj kahr k40]

So what's to stop anyone from filing falsely and forever creating a flag in your NICS background check that gets a proper person denied? (We all know how easy and quick that legal paperwork crap is to undo...)

You have 30 days to ask for a hearing if one isn't required by the judge before they sign the order, IIRC the court has to set a hearing within 30 days of your request for a hearing

truthfully nothing can stop someone from filing falsely but they can get in trouble for filing after the fact if they lie on the request for a protective order

 

[bradmedic04]

This protective order stuff is crazy to me. It seems like something so open for abuse. Generally speaking (special circumstances aside), someone must be officially served with the order before they can violate it, right?

Definitely learning a lot from today's exchange, fake perp notwithstanding.

 

[churchmouse]

^this


or maybe the employees thought he was trying to order a chalupa.

 

[Cole46845]

Just to clear a couple things up. One he has a VERY common name so it was hard to narrow down if the warrant was his or not and it is NOT his and 2 I appreciate all the opinions but the restraining order is the best I feel like in my situation. Ive been on this site awhile and appreciate all the opinions and know whole hearted that my weapon would be a LAST resort, I would turn and run if possible and not be afraid to say so! Also the protective order was speedy and professional, it took about a hour and half. He also has 30 days to contest it, so if he does we will be in front of a judge together. If he doesnt contest then its a two year order.

 

[KG1]

Just to clear a couple things up. One he has a VERY common name so it was hard to narrow down if the warrant was his or not and it is NOT his and 2 I appreciate all the opinions but the restraining order is the best I feel like in my situation. Ive been on this site awhile and appreciate all the opinions and know whole hearted that my weapon would be a LAST resort, I would turn and run if possible and not be afraid to say so! Also the protective order was speedy and professional, it took about a hour and half. He also has 30 days to contest it, so if he does we will be in front of a judge together. If he doesnt contest then its a two year order.

Good luck, hope it works out for you . Since he's a career criminal let's just hope he doesn't find other ways to "contest" it.