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wreckless

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  1. The prosecutor may request an emergent court hearing based upon exigent circumstances. It is already an option.
  2. Then it is up to the local prosecutor to file with the court for an order to revoke that individual's FID card. There will be service on the individual and he/she may obtain legal representation to respond in a court of law. It is all above board and up front. If there is a strong enough case and the prosecutor has done their homework then the FID gets revoked and the judge order's the defendant to surrender their weapons. The defendant may appeal and let things play out. This is the correct way and the right response under the law. However, the system is lazy and choose not to take this course of action. They love the Red Flag Law because the defendant gets blindsided with a very low level of proof required. The defendant starts from a negative position immediately. And, if the search finds other evidence of legal transgression they is now much more leverage against the defendant built in. Its wrong, it's lazy, and it is intellectually dishonest to rely upon a bad law to do your job.
  3. It never said his rants were public, it said that he made them on a bigoted member web board. That is a big difference. People say things on what they think is anonymous web boards that they never intend to do. For the justice system to insert their hand in things it should need an overt act and not a mere ugly opinion voiced anonymously. I hope that you could understand the difference and what a slippery slope we are taking to civil rights these days.
  4. "WOW! What the hell happened to this country?" Answer: Liberal Progressivism taught in colleges and public schools to indoctrinate our youth. Importing millions of low skill foreigners legally and illegally into the country to weaken the core natives. They are the two big ones that I see.
  5. And don't forget to leave your magazines before arriving unless they are ten rounders.
  6. N.J. seized this man’s gun because he glorified violence against Jews, cops say By Joe Atmonavage | NJ Advance Media for NJ.com Police had been watching David Greco for months, carefully monitoring his online activity. They noted that he often “threatened, advocated and celebrated the killing of Jewish people." He also was in communication with the man accused of walking into a Pittsburgh synagogue last year and killing 11 people, they alleged. (Greco has denied this.) On Aug. 5, after months of observation, law enforcement officers paid a visit to Greco’s Camden County home. At first, Greco, 51, refused to answer the door. He only spoke with officers after his parents came home and allowed them in the modest home. As police questioned him about comments he made on a far-right social media platform, Greco was “extremely agitated and angry,” authorities said, but he did not talk about acting out on his disdain for Jewish people. However, they also noted that he said he “believes that Jews are raping our woman and children” and that “force or violence is necessary to realign society. On Sept. 6, police once again visited Greco’s home, descending without warning, to seize his gun and ammunition. Unknown to Greco, a Camden County Superior Court Judge Edward McBride had issued a temporary extreme risk protection order earlier that day based on an affidavit regarding Greco’s behavior. The order allowed police to execute a no-knock search warrant of his home and seize one semi-automatic rifle, ammunition and his firearms purchaser ID card. Under a law that went into effect Sept.1, called the Extreme Risk Protection Order Act, a law enforcement officer, family or household member can now petition a state Superior Court judge to take away the guns of a person who they believe “poses an immediate and present danger” to themselves or others. Even if they have not committed a crime. Two months after going into effect, the constitutionality of the law is being challenged in a proposed class action lawsuit that was filed in New Jersey federal court last month. Greco’s case is at the forefront of the suit. It is the latest lawsuit challenging strict gun control measures Gov. Phil Murphy has signed into law over the last year. The lawsuit challenges whether there is legal authority to execute a search warrant after a temporary extreme risk protection order is issued. The law deprives Greco, and other gun owners in New Jersey, of their due process rights, as they are not given a chance to be heard in court before a temporary order is issued and police take firearms, says Albert J. Rescinio, Greco’s attorney. And can a gun owner have their “constitutional rights abrogated” for things said “that the government or anyone else might not like?” the attorney asked. https://www.nj.com/news/2019/11/nj-man-glorified-extreme-violence-against-jews-cops-say-so-they-seized-his-gun.html
  7. Homeowner Behind Bars After Killing Two Intruders, Because He Used Gun Not Registered To Him Posted by Brandon Curtis, May 30, 2019 Updated on May 30, 2019 at 5:49 pm UTICA, NEW YORK — A homeowner is facing charges of criminal possession of a firearm after he shot and killed two intruders after they broke into his home. The charges come because he had a handgun in his possession that belonged to his father, who is deceased. In New York State, one cannot possess –or even touch– a handgun without a pistol permit issued by the state. If you have a New York State pistol permit, any pistols that you possess would need to be on your permit. If they’re not and you use one to defend yourself, you’re going to get charged. It’s NY Governor Cuomo’s SAFE Act that’s partially to blame, allowing another otherwise law-abiding citizen to go down in flames for protecting his life. Here are the details of the incident; A very complex scenario involving two dead suspects, gun rights, and gun laws is unfolding after a Deerfield homeowner allegedly shot two intruders with an illegally-owned handgun Tuesday afternoon. Suspected intruders, Patricia Anne Talerico, age 57, and her nephew, 27-year-old Nicholas Talerico, are dead from gunshot wounds. The Walker Road homeowner, 64-year-old Ronald Stolarczyk, is charged with criminal possession of a firearm, a felony. via wktv.com While Stolarczyk isn’t being charged in the shooting deaths of the intruders, he is being charged for the possession of a firearm. To make matters worse, this citizen is behind bars. Stolarczyk appeared in Utica City Court Wednesday and is being held on $10,000 cash bail or $15,000 bond. He is scheduled in Deerfield Town Court Monday at 6 p.m. and will remain in custody through that appearance. The maximum sentence for what the homeowner is charged with is 1 1/3 to 4 years in state prison. As Dan over at TTAG points out; So Stolarczyk’s father either gave or left the handgun in question to his son. Under New York’s famously restrictive gun control laws, the son wasn’t required to undergo a background check to receive the handgun from his father. But he did need to have a pistol permit to legally own the firearm and have it registered in his name. According to Mark Wolber, the man’s attorney, his client did everything by the book, and is now suffering as a result. Wolber said Stolarczyk had lived in the home with his parents until they died. His father had a permit for the revolver, Wolber said. “He was in the kitchen when he heard people in the garage coming up the stairs to the kitchen,” Wolber said. “When they got to the top of the stairs he told them to stop, but one started coming toward him. He fired three or four shots and struck both.” Stolarczyk called 911 and placed the gun on the driveway when police arrived, Wolber said. via uticaod.com https://concealednation.org/2019/05/homeowner-behind-bars-after-killing-two-intruders-because-he-used-gun-not-registered-to-him
  8. Jewels of Wisdom from Court Finding California Magazine Ban Unconstitutional Ammoland Inc. Posted on April 15, 2019 by Dean Weingarten U.S.A. –-(Ammoland.com)- On 29 March, 2019, Judge Roger T. Benitez granted a motion for summary judgement against California Attorney General Xavier Becerra in the case of Duncan v. Becerra. California's Byzantine regulations and bans on firearms magazines of over 10 round capacity were ruled unconstitutional under the Second and Fourteenth Amendments of the United States Constitution. I have read the decision by Judge Benitez. It is well worth reading. At 86 pages, many will not take the time and energy to read the densely argued document. Below, I have transcribed my choice of the jewels of this masterfully reasoned and written order. The selections are my own; others may disagree. They are in order, as found in the court document. I list the pages as an aid to others. Many will recognize the cogent arguments put forward by the Honorable Roger T. Benitez. They have been made by Second Amendment supporters for decades. Judge Benitez first shows how the California magazine ban fails the simple and obvious test of constitutionality under the Heller decision. Next, Judge Benitez shows how, even under the Ninth Circuit's convoluted “Tripartite Binary Test with a Sliding Scale and Reasonable Fit” the California ban still fails miserably. Near the end of the document, Judge Benitez eviserates the attempt by the State of California to define ordinary magazines as “a nuisance”. The conclusion of the order is exceedingly well done. I have not cut or edited it. It is on page 84-85 of the court document. Judge Benitez has done the Republic a valuable service. He has shown himself highly capable, and more importantly, seriously committed to the rule of law. The Nation, and no doubt, President Trump, are taking notice. https://www.ammoland.com/2019/04/jewels-of-wisdom-from-court-finding-california-magazine-ban-unconstitutional
  9. PSA has announced that they are shipping standard capacity mags to CA ASAP.
  10. Judge blocks California's high-capacity ammunition ban SACRAMENTO, Calif. (AP) — High-capacity gun magazines will remain legal in California under a ruling Friday by a federal judge who cited home invasions where a woman used the extra bullets in her weapon to kill an attacker while in two other cases women without additional ammunition ran out of bullets. "Individual liberty and freedom are not outmoded concepts," San Diego-based U.S. District Judge Roger Benitez wrote as he declared unconstitutional the law that would have banned possessing any magazines holding more than 10 bullets. California law has prohibited buying or selling such magazines since 2000, but those who had them before then were allowed to keep them. In 2016, the Legislature and voters approved a law removing that provision. The California arm of the National Rifle Association sued and Benitez sided with the group's argument that banning the magazines infringes on the Second Amendment right to bear arms. Benitez had temporarily blocked the law from taking effect with a 2017 ruling. Chuck Michel, an attorney for the NRA and the California Rifle & Pistol Association, said the judge's latest ruling may go much farther by striking down the entire ban, allowing individuals to legally acquire high-capacity magazines for the first time in nearly two decades. "We're still digesting the opinion but it appears to us that he struck down both the latest ban on possessing by those who are grandfathered in, but also said that everyone has a right to acquire one," Michel said. Attorney General Xavier Becerra said in a statement that his office is "committed to defending California's common sense gun laws" and is reviewing the decision and evaluating its next steps. The goal of the California law is to deter mass-shootings, with Becerra previously listing as an example the terrorist assault that killed 14 and injured 22 in San Bernardino. Benitez, an appointee of Republican President George W. Bush, called such shootings "exceedingly rare" while emphasizing the everyday robberies, rapes and murders he said might be countered with firearms. The Giffords Law Center to Prevent Gun Violence, named after a former congresswoman who survived a mass shooting, is also still evaluating whether the decision applies more broadly, said staff attorney Ari Freilich. But Freilich predicted the "extreme outlier decision" will be overturned on appeal and criticized a judge "so deeply out of touch that he believes mass shootings are a 'very small' problem in this country." Becerra previously said similar Second Amendment challenges have been repeatedly rejected by other courts, with at least seven other states and 11 local governments already restricting the possession or sale of large-capacity magazines. The conflicting decisions may ultimately be sorted out by the U.S. Supreme Court. Benitez ruled that magazines holding more than 10 rounds are "arms" under the U.S. Constitution, and that the California law "burdens the core of the Second Amendment by criminalizing the acquisition and possession of these magazines that are commonly held by law-abiding citizens for defense of self, home, and state." Benitez described three home invasions, two of which ended with the female victims running out of bullets. In the third case, the pajama-clad woman with a high-capacity magazine took on three armed intruders, firing at them while simultaneously calling for help on her phone. "She had no place to carry an extra magazine and no way to reload because her left hand held the phone with which she was still trying to call 911," the judge wrote, saying she killed one attacker while two escaped. https://www.omaha.com/news/nation/judge-blocks-california-s-high-capacity-ammunition-ban/article_2b9c16b9-2592-5507-b871-218e70617699.html
  11. You have no idea how we had to cannibalize our IBM Selectric typewriters to keep a few going for forms like this. It was a real PITA.
  12. A clerk types them up and the Chief or designee signs it in most agencies.
  13. Oh Boy, it makes me wonder what other bugs are in this new system waiting to rear their ugly head.
  14. I worked for a County Prosecutor's Office as an agent for five years after 26 years as a municipal police officer, Sergeant, and Lieutenant. As a result, I have reviewed many hundreds of cases. That is what I base my beliefs upon though I have been out of the loop for the past five years so that explains my ignorance of the change. Prior to Witt it was a free for all with those telephonic warrants. Glad to see that has stopped. Thank you for the education counselor.
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