Gun rights revoked for no reason in Marion Co.

[jboritzki]

Local Judges (not all but most) consider themselves demi-gods. From my experience local judges could not care less what the law says. They will order anything they want and say if you do not like it then appeal it. Well that takes a lot of money which most people cannot afford so the ruling stands. I know of one Judge, Duane Huffer of Kosciusko County tells people come into his court Pro Se that he does not like it when people come in pro se because it cheats his fellow attorneys out of a fee. He says this in open court Judges also get quite upset when people do appeal and they get overturned. If you did so and then had to come back into court with this same judge you would probably be go to jail in contempt just because she can send you.

I almost wish Judge Moberly would send me to jail for exercising my rights. Her fear of her face being on TV would come alive at that point. One thing I did notice is that I admitted that I was in violation of the court's order, the ex wife was demanding that I be held in contempt and sanctioned, but the judge did not hold me in contempt. She just lectured me, accused me of "wanting to shoot someone" since I brought a gun back into my house, and then upheld the old order that "neither mother nor father shall have firearms in their respective homes." Judge Robyn Moberly's order will be overturned come hell or high water. She can get upset with me all she wants. When she violates the law because she does not agree with it, she can just expect that people will speak out against her. I am told that she has never had an order of hers overturned on appeal. Not sure if that is true or not, but the law is on my side and there has to be a judge in Marion Co. that obeys the law.

 

[semperfi211]

Could she hold someone in contempt for starting a negative page on her on facebook? In her profile picture she just looks so nice.

 

[451_Detonics]

I am afraid I would force the issue and keep a gun in my home. Judges cannot make law and that is exactly what that judge is trying to do. She does not have the power to order what she has ordered. I would also start a lawsuit against her for violation of your rights as granted by both the State and Federal Constitutions.

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[Delmar]

I almost wish Judge Moberly would send me to jail for exercising my rights.

Chances are this is what your Ex is hoping for as well. If you go to jail, she gets custody.

 

[Bill of Rights]

If I knew what group you belonged to, I could say the same about them. You are no credit to your cause, whatever that may be.

From his posts, it sounded like he might have been an attorney. The point is moot, however, because he is no longer an active member of this site.

Here is a similar case involving religious freedoms/rights. Basically, a judge said that a son of two divorced Wicca parents can't have their son around anything Wiccan. The ACLU took this case to the appeals court and won.

http://www.in.gov/judiciary/opinions/pdf/08170503par.pdf

If I were you, I would see if the ACLU will take the case. If they won't, try to find a lawyer, give them a copy of the above, and ask if they believe they can get the court to say you having firearms isn't a danger to the child. The danger issue is what was decided in the above case. The court made some comment about a rights violation argument not something they would get into.

If all else fails, I would go public. At least give this judge some publicity. I also would get a safe, put a gun in it, and be done with it.

I remember that case. I'm glad to hear his order was overturned. Is he still on the bench?

I almost wish Judge Moberly would send me to jail for exercising my rights. Her fear of her face being on TV would come alive at that point. One thing I did notice is that I admitted that I was in violation of the court's order, the ex wife was demanding that I be held in contempt and sanctioned, but the judge did not hold me in contempt. She just lectured me, accused me of "wanting to shoot someone" since I brought a gun back into my house, and then upheld the old order that "neither mother nor father shall have firearms in their respective homes." Judge Robyn Moberly's order will be overturned come hell or high water. She can get upset with me all she wants. When she violates the law because she does not agree with it, she can just expect that people will speak out against her. I am told that she has never had an order of hers overturned on appeal. Not sure if that is true or not, but the law is on my side and there has to be a judge in Marion Co. that obeys the law.

Is there not a Judicial Review Board in Marion County? Failing that, a court of appeal to which this can be taken? I know that when a doctor does something questionable, there is a medical review board or at least an independent physician who will review and decide whether his/her actions meet the standard of care. I cannot imagine that there is no such body for attorneys and judges.

Good luck.

Blessings,
Bill

 

[360]

I have been through this. I started reading the OP and wondered if I wrote it in my sleep.

Ask for a change of venue, and get a good attorney. The only issue you have is keeping guns in your home. The rest is already written in stone. Once the original judge is removed from the case, they have no more hands in your business.

The only argument against you that I can even come up with is that the court is finding in the best interest of your child. However, your child is 13, which is helpful because the court allows decisions by children of this age to influence custody cases. Not really a major factor in this case, but noteworthy.

Request a change of venue. Do not contact the media, and I do not agree with the others about contacting the original judge for a "meeting". That judge wouldn't have done what they did if they were at all influenced by pro-2A, and they likely don't want to meet with you anyway.

I would contact the ACLU though, because if it it come down to that, they will already be aware of your case, and you'll have them in your back pocket as well.

 

[Bill of Rights]

I have been through this. I started reading the OP and wondered if I wrote it in my sleep.

Ask for a change of venue, and get a good attorney. The only issue you have is keeping guns in your home. The rest is already written in stone. Once the original judge is removed from the case, they have no more hands in your business.

The only argument against you that I can even come up with is that the court is finding in the best interest of your child. However, your child is 13, which is helpful because the court allows decisions by children of this age to influence custody cases. Not really a major factor in this case, but noteworthy.

Request a change of venue. Do not contact the media, and I do not agree with the others about contacting the original judge for a "meeting". That judge wouldn't have done what they did if they were at all influenced by pro-2A, and they likely don't want to meet with you anyway.

I would contact the ACLU though, because if it it come down to that, they will already be aware of your case, and you'll have them in your back pocket as well.

Of note, we have at least one instructor in the Appleseed project who is presently 13 and has been an instructor for a year or two. If your son does not already know firearms safety, this is a good time to teach it to him. If he does, bring him out to one of our shoots and save his target. We do not charge a fee to those under the age of 21 when they come shoot with us. (There may be a local range fee, but that's usually $10 or less)

If you would like more information on this, Appleseed is an INGO advertiser. That means there's an Appleseed forum here in addition to their own site. I'd be happy to answer any questions you have via PM as well, to the best of my ability.

Blessings,
Bill

 

[Manan]

You know the difference between a judge and God. God doesn't think he is a judge.

When the judge comes up for re-election, shout from the mountain tops what she did to you. Support her opposition.

My X has made many claims. She took me back to court 6 times in two years. She lost every time. And yes I did get the kids. It was hell until the last child was over 18, and she still gives me grief with my daughters-in-law. I moved 3 states away to get away from her. I still feel what goes around comes around and she will get hers, by her own doing.

 

[Indy317]

I remember that case. I'm glad to hear his order was overturned. Is he still on the bench?

Well, you are not going to like my answer. Not only is he still on the bench, Mitch put him on the state appeals court. So now he is in a position to uphold an order like the one he issued.

 

[jboritzki]

Could she hold someone in contempt for starting a negative page on her on facebook? In her profile picture she just looks so nice.

She threw 1 temper tantrum in front of all of us when an officer came in to give my attorney a message for another case and she raised her voice to me over me owning guns and accused me of wanting to shoot someone. While she is nice to my ex wife, she is not so nice to me. I even seen her yell at a worker in the child support office because the office worker did not understand the judge's order in regards to the support order. Moberly is not what I would consider a nice person. She is quick to snap at anyone that is around her.

I dont' think that doing anything on her page would help me right now. She will probably see me as a gang member at that point.