Gun rights revoked for no reason in Marion Co.

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  • jboritzki

    Marksman
    Rating - 100%
    1   0   0
    Oct 10, 2009
    160
    16
    Beech Grove
    Yup, a family court judge (Judge R.M. (R)) decided that I am not allowed to have firearms in my home. Her reasoning was that my 13 year old son (who I've had custody of for over 4 years now) can probably get into a gun safe if he wanted to and hurt himself or someone else. If that happened, the judge's face would be on TV.

    Let me start by saying I have no criminal record, never been arrested or suspected of any crimes, no history of drug or alcohol abuse and no mental illness either now or in the past. I have a handgun carry license, have been raised around firearms and have personally owned my own firearms for 18 years now.

    Background:
    Me and the ex wife got divorced when my son was a year old. She had custody of him till 2006, when he was 9 years old. She was a horrible mother and the court and custody evaluators all agreed and granted me sole custody of our son. She never defended her parenting, or lack of it, but rather just tried to make the court believe that I was a danger to our son's mental and physical safety. One thing she would consistently bring up was that I owned firearms. She would lie and say that I left them all out where the child could get to them and even said that I allowed the boy to play with live ammunition. This was all found to be false and the guns were inspected (In the 2 gun safes I own) several times and found to be stored properly.

    That is the short version. The point of this is that the judge ordered that neither me nor the mother shall have firearms in our respective homes. Unconstitutional? Yes, but I was so happy to have the ability to protect my son from the crap he was being subjected to. I just obeyed the order and took my firearms to my father's house, where they stayed for 3 years.

    After an attempted home invasion about a year ago, I went next door to my father's house and got my handgun and brought it home. I was then violating the family court order. Understand that violating a family court's order is not breaking a law. It could have me held in contempt by that court and only by that court.

    Last summer, I taught my son firearms safety and took him out to my family's property to target shoot. Once my ex wife found out, she started calling the police, showing them the court's order, telling them I have a gun permit, that I am crazy and threaten her. Basically just lying in an attempt to get my gun permit revoked. She then filed for custody of our son again and also filed contempt against me for having a firearm in the house.

    The ex did not get custody, she lost that. I was not held in contempt for having a firearm in the house, but was re-ordered to have no firearms in the house.

    Now for what the judge actually said:

    Judge R.M. said she did not care if I took my son out to shoot. She said that perfectly normal; and sane people enjoy shooting guns. R.M. said that she (Judge) did not personally own guns and knew little about them, but she was concerned that a teenager can get around gun locks and safes. R.M. stated that she did not care if I keep my firearms next door, at my father's house and she did not care that my son goes to and stays the night with other family members that have firearms in their homes or that I even carry a handgun. R.M. just decided that the right to keep and bear arms no longer applied to the inside of my home. If my girlfriend of 7 years (daughter and granddaughter of police officers) decides that she will have a gun in the home for the protection of herself and children, then either I or the girlfriend have to move out because I am not allowed to have one in my home.

    There was no evidence presented against me to suggest that I am irresponsible or a danger to anyone. The original order from 2006 was from Judge Ransberger. She was heard saying "I don't care (about their rights). I don't like the things (guns) and I don't want them in the home."

    I guess the next step is to file a motion for relief from judgement, basically asking the judge to reconsider. Of course that will do nothing but cost more money and time, but it has to be done before an appeal can be filed. I am actually selling my guns to pay for the cost of getting my rights returned to me. I will then have no guns, but I will have the right to own them if I can ever afford to replace them.

    This family court order, that makes no sense whatsoever, makes me look guilty of something. My ex wife has already notified the state police to inform them that I am under court order to not possess firearms in my home. She is attempting to have the state police revoke my gun permit. Not because she is afraid of me, she is not. But because it is a control thing for the ex. I have always enjoyed shooting and working on firearms and she wants to take that away by using the state police and the family courts to do it. The state police may see this order and think to themselves "There must be a reason he can't have a gun in his house. Lets revoke his right to carry". This actually did happen in 1998. My permit was revoked on the word of my ex wife. The ex then took the paper showing that my carry permit had been revoked to the family court and attempted to make the court believe that the police believed I was a danger to her and to my child so she could keep custody of our son. Then she takes the court order saying that I cannot have a gun in my house to the state police to try to get them to revoke my permit again. It's all total bullcrap and honestly, I don't know how to defend myself from this kind of harassment.

    So my 2nd Amendment rights have been revoked on the inside of my home because 1 judge does not like guns and because another judge thinks her face will be on TV IF, MAYBE my son steals my gun from my gun safe and harms someone.

    This all makes no sense. I am trusted to vouch for other people being responsible enough to have both my son and firearms in their homes. I am trusted to carry a loaded gun on me in any place that it is legal to do so. I am trusted to take my son to the woods and properly monitor him while he has a loaded firearm in his hands, but I am not trusted to secure my own firearms in my own home.

    I am also told that if I violate this order for any reason, I will lose custody of my son. I have taken my firearm back next door to my father's house, where they will stay until I sell them to pay for the expense of getting my rights back. All because a judge in Indiana decided her fears trump the U.S. Bill of Rights and the Indiana State Constitution (Article 1 Section 32).

    I am sharing this because if this can happen to me, it can happen to you. You don't have to do anything wrong. All you need is a judge that does not like the second amendment. Your rights won't matter. Don't make the mistake of saying that it can't happen because it would violate your rights. I am proof that some judges do not care about your rights. Not even a republican judge. That judge will depend on you being too poor or too busy to attempt to overturn their illegal order.
     

    E5RANGER375

    Shooter
    Rating - 100%
    15   0   0
    Feb 22, 2010
    11,507
    38
    BOATS n' HO's, Indy East
    the judge is obviously a loon that has it out for men and guns!

    i hate when judges use the bench as a pulpit for their anti-American dribble. id ask the court for another judge.

    your right to bear arms is a right not granted by men. therefore i dont believe it can be taken away by men or women. obviously you cant tell the judge to go screw herself or she would go off on a juditial better than thou tantrent and you would get screwed. i would call the news, and the NRA. make this judge pay by getting her face on camera and getting called an anti-American nazi, and then seeing her ruling OVERRULED!!!!
     

    MrsGungho

    Grandmaster
    Rating - 100%
    2   0   0
    Nov 18, 2008
    74,615
    99
    East Side
    this all boils down to a woman who claims to be an adult acting like a child. she isn't getting her way so she tattles and connives and lies to make it rough on the father.
    The judge isn't against men ranger, if she was, custody would have been granted back to the mother. Did you think of that?
    She is a judge who "knows very little about guns" and because of her lack of knowledge sees fit to protect the child :rolleyes: from what she perceives may happen.
    Good luck jboritzki with your battle.
     

    j706

    Master
    Site Supporter
    Rating - 100%
    60   0   1
    Dec 4, 2008
    4,160
    48
    Lizton
    Marion County. Nuff said. ISP will NOT revoke your permit based on the information you provided.
     

    T-rav

    Expert
    Rating - 100%
    1   0   0
    Dec 3, 2009
    1,371
    36
    Ft. Wayne
    Get her face on TV, contact media do what it takes. You could contact local AM talk radio stations seems to work well around the FT Wayne area with WOWO.

    Where does a judge get off striping the rights of a man that are granted by our endowed creator.
     

    E5RANGER375

    Shooter
    Rating - 100%
    15   0   0
    Feb 22, 2010
    11,507
    38
    BOATS n' HO's, Indy East
    this all boils down to a woman who claims to be an adult acting like a child. she isn't getting her way so she tattles and connives and lies to make it rough on the father.
    The judge isn't against men ranger, if she was, custody would have been granted back to the mother. Did you think of that?
    She is a judge who "knows very little about guns" and because of her lack of knowledge sees fit to protect the child :rolleyes: from what she perceives may happen.
    Good luck jboritzki with your battle.

    no i did think of that. but from what the father told us, giving custody to the mother would be blatently obvious to be reckless. so she would be found out and overruled.

    did you think of what else the judge said? that she didnt care if the boy visited the grandfathers house who has guns too. why is the grandfathers safe anymore secure than the fathers? its not. she is just sticking it to the dad, plain and simple. she hates men like most female judges do in family court. if your a man, your more than not, screwed before you ever sit down in the court room.
     

    MrsGungho

    Grandmaster
    Rating - 100%
    2   0   0
    Nov 18, 2008
    74,615
    99
    East Side
    no i did think of that. but from what the father told us, giving custody to the mother would be blatently obvious to be reckless. so she would be found out and overruled.

    did you think of what else the judge said? that she didnt care if the boy visited the grandfathers house who has guns too. why is the grandfathers safe anymore secure than the fathers? its not. she is just sticking it to the dad, plain and simple. she hates men like most female judges do in family court. if your a man, your more than not, screwed before you ever sit down in the court room.

    How do we know her admitted lack of firearm knowledge leads her to believe that firearms in the home the child lives in is reckless also? he is just visiting grandparents, therefore she has no say in what happens in their home.
    Paint broad strokes much? Sure wish it would have went the way you claim it does when I was divorced 12 years ago. It was a fair split, 50/50. I sure would have loved to have put the screws to him though, like you say happens to all men. :rolleyes:
     

    smoking357

    Shooter
    Rating - 0%
    0   0   0
    Jul 14, 2008
    961
    16
    Mindin' My Own Business
    Yup, a family court judge (Judge R.M. (R))

    Moberly? See my post about fingerprinting. She completely ignored the law in that case. As far as I'm concerned, Republicans are anti-gun scum.

    What's she doing in Family Court? I thought she was in Civil Court? She loves to meddle and substitute her judgment for the law, so she'll be happy there.

    Oh, Judge, if you're reading, this is an exercise of the First Amendment, that basic right we all have to criticize public officials, so give pause before indulging those retaliatory impulses.
     

    Bill of Rights

    Cogito, ergo porto.
    Site Supporter
    Rating - 100%
    7   0   0
    Apr 26, 2008
    18,096
    77
    Where's the bacon?
    I would consider two things:
    1) Move out of Marion County (if you can't get another judge to overrule this one)
    2) Whether you move or not, whether you get the order overturned or not, when you have no case in front of her, contact the judge and make an appointment to see her. While there, tell her you were thinking about her comments in court and it struck you that she basically said that she had an area of knowledge in which she could use some help, and it happened to be an area in which you could provide that help. Make it clear that your goal is not to influence your own case, though you would not mind if she reversed her order, but rather to prevent a lack of knowledge from affecting the cases of others. In short: Offer to take her to the range and teach her about firearm safety as well as the fact that shooting is fun.

    I am not a lawyer. Regardless, the boldfaced comment above is probably the most important part of this. You need to be very clear that you have no intention of influencing your own case before her. You are only offering education in an area she identified she was lacking.

    Knowledge is power, and it may be in this case that knowledge is also the cure for this problem. If it also affects your case, consider that a nice, unexpected benefit.

    Good luck. Keep us informed how it goes.

    Blessings,
    Bill
     

    E5RANGER375

    Shooter
    Rating - 100%
    15   0   0
    Feb 22, 2010
    11,507
    38
    BOATS n' HO's, Indy East
    How do we know her admitted lack of firearm knowledge leads her to believe that firearms in the home the child lives in is reckless also? he is just visiting grandparents, therefore she has no say in what happens in their home.
    Paint broad strokes much? Sure wish it would have went the way you claim it does when I was divorced 12 years ago. It was a fair split, 50/50. I sure would have loved to have put the screws to him though, like you say happens to all men. :rolleyes:

    i said more than not. that doesnt mean 100%, and i didnt say all men, so obviously your situation was the not. I can put my own foot in my mouth just fine, i dont need people creating words i didnt even use and doing it for me thank you very much. i do use broad strokes because sometimes thats what needs to be used, too many people use a pencil. i carry a big stick when i walk into sh*t. hmmm you sound like a broken record or a plagerized one. where have i heard "broad strokes" before???? hmmmm seems like it was just yesterday and used wrongly in that post also.

    she sure could have a say in anywhere that child visits if she wanted too including church. these judges know no bounds, nor do a lot of them care if they violate the constitution because who is gonna challenge them in most cases? Plus Im sure she knows every financial record of this dad, and so she probly knows he couldnt afford to fight her ruling, or so she thinks. i hope he sticks it to this judge.
     
    Rating - 100%
    7   0   0
    Dec 17, 2009
    2,489
    38
    Tampa, FL
    Agreed. Now, we all need to start being a little nicer to the ACLU. When I told the posters here that I was a member of the ACLU, wow, did they go nuts.

    I need to shoot you a PM. I sat for the LSAT yesterday and I think I did pretty good. I'd be interested in doing some stuff for them if they have folks there that are pro 2Amm rights.
     

    irishfan

    Grandmaster
    Rating - 100%
    11   0   0
    Mar 30, 2009
    5,647
    38
    in your head
    I know a guy that had to give up all of his firearms while going through a divorce case and kids were involved. His wife did almost the same thing as yours and said he was mentally unstable etc. and the judge made him give them up. However, he did get them back a while later but not right away if I remember correctly.
     

    HandK

    Grandmaster
    Emeritus
    Rating - 100%
    11   0   0
    Mar 14, 2009
    51,606
    38
    Way Up North!!
    Get her face on TV, contact media do what it takes. You could contact local AM talk radio stations seems to work well around the FT Wayne area with WOWO.

    Where does a judge get off striping the rights of a man that are granted by our endowed creator.

    Contact the ACLU. No, I'm not joking. You may just be surprised.


    I would have to agree with this!!! I wish you the best of luck!!
     
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