Seattle Police directed to remove guns from Domestic...
.............violence call homes. Here is the storyGun Story
What do you think of this one??
In this state, when the law shows up, SOMEONE will be leaving with them.
Then one drawback to Wa. state law on this one is that a vindictive partner CAN call 911, make a false report and how long will it take to get them back???
__________________
Blue Ribbon Coalition
Snowmobile Alliance of Western States
WSSA
NRA
RMEF
GO DAWGS!!!
RE: Seattle Police directed to remove guns from Domestic...
It's a simple case of being guilty until proven innocent. Typical of our judicial system.
__________________
"The danger to America is not Barack Obama but a citizenry capable of entrusting a man like him with the Presidency........... Blaming the prince of the fools should not blind anyone to the vast confederacy of fools that made him their prince. The Republic can survive a Barack Obama, who is, after all, merely a fool. It is less likely to survive a multitude of fools such as those who made him their president."
RE: Seattle Police directed to remove guns from Domestic...
Here's California's law with a link below.
Quote:
12028.5 (b) A sheriff, undersheriff, deputy sheriff, marshal, deputy
marshal, or police officer of a city, as defined in subdivision (a)
of Section 830.1 ....... who is at the scene of a domestic violence
incident involving a threat to human life or a physical assault,
shall take temporary custody of any firearm or other deadly weapon in
plain sight or discovered pursuant to a consensual or other lawful
search as necessary for the protection of the peace officer or other
persons present. Upon taking custody of a firearm or other deadly
weapon, the officer shall give the owner or person who possessed the
firearm a receipt. The receipt shall describe the firearm or other
deadly weapon and list any identification or serial number on the
firearm. The receipt shall indicate where the firearm or other
deadly weapon can be recovered, the time limit for recovery as
required by this section, and the date after which the owner or
possessor can recover the firearm or other deadly weapon. No firearm
or other deadly weapon shall be held less than 48 hours. Except as
provided in subdivision (f), if a firearm or other deadly weapon is
not retained for use as evidence related to criminal charges brought
as a result of the domestic violence incident or is not retained
because it was illegally possessed, the firearm or other deadly
weapon shall be made available to the owner or person who was in
lawful possession 48 hours after the seizure or as soon thereafter as
possible, but no later than five business days after the seizure.
In any civil action or proceeding for the return of firearms or
ammunition or other deadly weapon seized by any state or local law
enforcement agency and not returned within five business days
following the initial seizure, except as provided in subdivision (d),
the court shall allow reasonable attorney's fees to the prevailing
party.
RE: Seattle Police directed to remove guns from Domestic...
I'm not sure whether it's right or it's wrong, but the reasoning behind it is fairly solid. Law enforcement agencies are taking domestic violence matters VERY seriously these days. Many LEOs will tell you that domestic violence calls are the most dangerous calls they respond to.
__________________
We must be the change we wish to see in the world -- Ghandi
http://www.rightminded.net
RE: Seattle Police directed to remove guns from Domestic...
I think most of the reason was to create a cool off period. If charges are filed, then obviously the weapons might become evidence if applicable. I know in California, they are very specific about giving the owner (even if arrested) a receipt for the guns and also returning the guns back to the owner after 48 hours.
__________________
Jesus Christ--The reason for the season!
If you can read this, thank a teacher. If you can read this in English, thank a veteran.
If you're certain you know everything, there's little opportunity to learn anything.
RE: Seattle Police directed to remove guns from Domestic...
Cooling off period or not or what ever they want to call it it is still an infringement on the gunowners rights.
If a person physically beats up their spouce then they get locked any way. Why do they need to remove a persons guns just because they get a domestic violence call.
How often do people get into arguments with their spouce? All the dang time. All of these could be considered domestic violence if you wanted to get right down to it. And they're just gonna take your firearms?????? Bull crap.
__________________
"The danger to America is not Barack Obama but a citizenry capable of entrusting a man like him with the Presidency........... Blaming the prince of the fools should not blind anyone to the vast confederacy of fools that made him their prince. The Republic can survive a Barack Obama, who is, after all, merely a fool. It is less likely to survive a multitude of fools such as those who made him their president."
RE: Seattle Police directed to remove guns from Domestic...
Bigbulls - you do not have a clue.....
It is a wise law. You bust up your wife/partner and go to jail, who is to say that you wont be so ticked off you just might try to off her??
Havent you been following the news lately, what with all the murder/suicides from resulting from DV incidents?
It is not an infringement on your gun rights..... it is a smart move to prevent either you or your spouse from further violence. Besides, if you are arrested for a felony (and yes, DV is a felony) and convicted, you loose your gun rights anyways.
You break the law, you get punished.
Now, before you start calling me names..... I got accused of DV/B (domestic violence/battery) and the cops did take my weapons away. I was innocent and it was proven in court. the cops did thier job, to protect themselves, the "victim", as well as myself.
After the "victim" moved out of MY place, the cops gave me my weapons back. No problems getting them back.
__________________
"Even the most highly skilled practitioners of this most difficult art come out of the woods empty handed far more often then not".. E. Donnall Thomas
RE: Seattle Police directed to remove guns from Domestic...
Quote:
ORIGINAL: Sewer Rat
Bigbulls - you do not have a clue.....
It is a wise law. You bust up your wife/partner and go to jail, who is to say that you wont be so ticked off you just might try to off her??
Havent you been following the news lately, what with all the murder/suicides from resulting from DV incidents?
It is not an infringement on your gun rights..... it is a smart move to prevent either you or your spouse from further violence. Besides, if you are arrested for a felony (and yes, DV is a felony) and convicted, you loose your gun rights anyways.
You break the law, you get punished.
Now, before you start calling me names..... I got accused of DV/B (domestic violence/battery) and the cops did take my weapons away. I was innocent and it was proven in court. the cops did thier job, to protect themselves, the "victim", as well as myself.
After the "victim" moved out of MY place, the cops gave me my weapons back. No problems getting them back.
No it is not necessarily a violation of your 2nd ammendment rights, but in many cases (Like yours?) it is a violation of your 4th and 5th ammendment rights. There are many laws which have been passed in the past 20 years which, while well intentioned, are without doubt constitutionally illegal. The laws that mandate forfeiture of cash, cars, homes and other property of those 'ACCUSED' of drug law violations without court action jump out and get your attention real quick. This gun grab is no better.
RE: Seattle Police directed to remove guns from Domestic...
Quote:
ORIGINAL: bigbulls
Cooling off period or not or what ever they want to call it it is still an infringement on the gunowners rights.
If a person physically beats up their spouce then they get locked any way. Why do they need to remove a persons guns just because they get a domestic violence call.
How often do people get into arguments with their spouce? All the dang time. All of these could be considered domestic violence if you wanted to get right down to it. And they're just gonna take your firearms?????? Bull crap.
Quote:
....... who is at the scene of a domestic violence
incident involving a threat to human life or a physical assault,
shall take temporary custody of any firearm or other deadly weapon in
plain sight or discovered pursuant to a consensual or other lawful
search as necessary for the protection of the peace officer or other
persons present.
....... who is at the scene of a domestic violence
incident involving a threat to human life or a physical assault,
shall take temporary custody of any firearm or other deadly weapon in
plain sight or discovered pursuant to a consensual or other lawful
search as necessary for the protection of the peace officer or other
persons present.
I can't speak for the other states Bigbulls but it only applies when somebody has committed a domestic violence crime in California, not just had an argument with their spouse. It is a temporary measure here (48 hours) and is not generally abused as far as I know. I am not generally in favor of any gun grabbing laws and am not certain we are arguing about the same law as different states may apply it differently.
__________________
Jesus Christ--The reason for the season!
If you can read this, thank a teacher. If you can read this in English, thank a veteran.
If you're certain you know everything, there's little opportunity to learn anything.
RE: Seattle Police directed to remove guns from Domestic...
Sewer rat, I think I do, in fact, have a clue.
If you are in fact in jail for busting up your wife how are you going to off her? If you are powerful enough a person and have contacts than can do the work for you even while you are in jail then those few guns the police take posession of will not keep her from dying.
A firearm sitting in plane sight has nothing to do with a persons fist making contact with the recipiants face. It has nothing to do with the crime that took place and as such would not be evidence in court and should not be confiscated. The police can't just go around your house and start confiscating your posessions.
Yes I know that domestic violence is a felony and as such if convicted you forefit your rights to posess firearms. I am all for punnishment when you break the law but what this does is allow the police to take posession of your firearms before you are convicted or even before any due process takes place.
I understand the reasoning behind it but it still infringes on your rights. The second, and as Coastie pointed out, the fourth and fifth as well.
Perhaps you are the one that needs to get a clue Sewer Rat.
__________________
"The danger to America is not Barack Obama but a citizenry capable of entrusting a man like him with the Presidency........... Blaming the prince of the fools should not blind anyone to the vast confederacy of fools that made him their prince. The Republic can survive a Barack Obama, who is, after all, merely a fool. It is less likely to survive a multitude of fools such as those who made him their president."
Seattle Police directed to remove guns from Domestic...
