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  • Booya

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    44   0   0
    Aug 26, 2010
    1,316
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    Fort Fun
    If a spouse tells us, while on scene of a domestic, that their significant other was dangerous (that they made threats in the past...etc) and there was a gun in the house, we are allowed to seize it per Indiana law IC35-47-14-1

    Although i can see why laws like this might exist they are to vaguely written. When you say "made threats in the past" I hope or assume you mean there are documented instances of said threats. I mean the way the law is written is sounds like an angry wife can call the police and say "he threatened me"... "I'm afraid"... Etc. and he can lose his gun(s). Literally all depending on how convincing she can be, or what kind of officer shows up on the call. Lets say a scorned wife does just that, purposely says these things so the gun(s) go bye bye, now the guy has to go through a WHOLE thing to get them back if he ever can.

    Am I reading this correctly? Could it be that easy for a spouse to do this?
     
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    halfmileharry

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    65   0   0
    Dec 2, 2010
    11,450
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    South of Indy
    Although i can see why laws like this might exist they are to vaguely written. When you say "made threats in the past" I hope or assume you mean there are documented instances of said threats. I mean the way the law is written is sounds like an angry wife can call the police and say "he threatened me"... "I'm afraid"... Etc. and he can lose his gun(s). Literally al depending on how convincing she can be, or what kind of officer shows up not he call. Lets say a scorned wife does just that, purposely says these things so the gun(s) go bye bye, now the guy has to go through a WHOLE thing to get them back if he ever can.

    Am I reading this correctly? Could it be that easy for a spouse to do this?
    From what I've observed it's not too different in Indiana as far as that goes..
     

    Denny347

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    21   0   0
    Mar 18, 2008
    13,459
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    Napganistan
    Although i can see why laws like this might exist they are to vaguely written. When you say "made threats in the past" I hope or assume you mean there are documented instances of said threats. I mean the way the law is written is sounds like an angry wife can call the police and say "he threatened me"... "I'm afraid"... Etc. and he can lose his gun(s). Literally all depending on how convincing she can be, or what kind of officer shows up on the call. Lets say a scorned wife does just that, purposely says these things so the gun(s) go bye bye, now the guy has to go through a WHOLE thing to get them back if he ever can.

    Am I reading this correctly? Could it be that easy for a spouse to do this?
    Yup, it sure is. Of course it will quickly (10 days I think) go before a judge to determine if the guns get released. Hell, in Indiana, all a spouse has to do to get the other arrested for domestic battery is "complaint of pain". I do not need to have witnessed it or see signs of trauma. The prosecutor says that complaint of pain ALONE is enough and that we SHALL arrest based on that. If the battery happened while there were kids (under 13) in the house (they don't need to have witnessed it) the domestic battery is a felony. Again, complaint of pain alone while your kids are home = felony jail time and a $30,000 bond. So me taking your guns will be the least of your worries.
     

    Leadeye

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    4   0   0
    Jan 19, 2009
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    .
    It's jersey, what else would you expect.

    Third world level corruption and SA stormtroopers for law enforcement. Years ago the state police would arbitrarily arrest and jail out of state motorists that had hunting bumper stickers and shake them down. It's been a pest hole for a long time, but a profitable pest hole for for the privileged, politically connected few.
     
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    MisterChester

    Master
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    0   0   0
    May 25, 2013
    3,383
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    The Compound
    It's jersey, what else would you expect.

    Third world level corruption and SA stormtroopers for law enforcement. Years ago the state police would arbitrarily arrest and jail out of state motorists that hunting bumper stickers and shake them down. It's been a pest hole for a long time, but a profitable pest for for the privileged, politically connected few.

    This is precisely why I don't have any bumper stickers on my car about guns, I drive to Jersey at least once a year. I'd probably be pulled over and frisked.
     

    Leo

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    30   0   0
    Mar 3, 2011
    9,820
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    Lafayette, IN
    Yup, it sure is. Of course it will quickly (10 days I think) go before a judge to determine if the guns get released. Hell, in Indiana, all a spouse has to do to get the other arrested for domestic battery is "complaint of pain". I do not need to have witnessed it or see signs of trauma. The prosecutor says that complaint of pain ALONE is enough and that we SHALL arrest based on that. If the battery happened while there were kids (under 13) in the house (they don't need to have witnessed it) the domestic battery is a felony. Again, complaint of pain alone while your kids are home = felony jail time and a $30,000 bond. So me taking your guns will be the least of your worries.

    As many peace officers here can probably tell multiple stories of domestic calls, cases like this are really a bad deal. Even if you did nothing wrong and she is just frustrated, all she has to do is say that she is afraid and the man is arrested. If the woman wants to use/abuse the law to really harrass the man, by the time he posts bail and gets out, she can have a restraining order and he cannot even go near his home. The guy cannot clean up and change clothes, he cannot retrieve his truck or his tools to go to work. Then it takes another lawyer to meet with another judge to get an itemized order to have the LEO go with him to retrieve his truck and tools to go to work. All based on a lie told during a temper tantrum. I have seen it way too many times. If she is willing to lie, you are presumed guilty and punished without a trial. Like Denny said, the firearms are only a small part of the worry.
     
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