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Thread: My Civil Rights may have been violated this evening....

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    Regular Member Savioso702's Avatar
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    My Civil Rights may have been violated this evening....

    My civil rights may have been violated this evening... After being harassed by someone who apparently works for the probation department concerning my open carry. The Las Vegas Marshal Service arrived to clarify the argument and it was confirmed that I was within my legal rights to open carry in the area I was being harassed in. However, according to the Las Vegas Marshal Service Las Vegas Metro had no record of me having any firearms registered in my name EVER..... ********!!!! I have ALWAYS registered my firearms with the Las Vegas Metro Northwest Area Command's firearms registration department. Despite having my blue card issued by Las Vegas Metro's own Northwest Area Command the Las Vegas Marshal Service cited me for carrying an unregistered hand gun and confiscated my gun, magazine and 21 rounds of ammo (20 rounds in the magazine and 1 in the chamber). After they already stated that I had not broken any law by open carrying I do not believe they had grounds to confiscate my property. Does anyone in Vegas know a good Civil Rights Attorney?

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    Regular Member Maverick9's Avatar
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    What did you do in the way of, perhaps, acting out that caused this? Nothing?

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    Regular Member Savioso702's Avatar
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    Quote Originally Posted by Maverick9 View Post
    What did you do in the way of, perhaps, acting out that caused this? Nothing?
    Nothing I was there to simply pick up my kids from baseball practice. The guy who called the Marshal Service harassed me once the week before in front of other parents regarding it but I paid him no mind as I had already cleared it with Metro Clark County Sheriffs Office and the Las Vegas Marshal Service. He started in again and i spoke up as to not allow him to verbally bash me in front of my kids or the other parents again.

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    Regular Member rightwinglibertarian's Avatar
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    NV has gun registration? Good grief! :s
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Quote Originally Posted by rightwinglibertarian View Post
    NV has gun registration? Good grief! :s
    Only in Clark County.

    Savioso, while an interesting read, if you do intend to pursue legal action, I highly recommend you remove or heavily redact all posts right now pertaining to the situation.

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    Regular Member wittmeba's Avatar
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    Don't know the Nevada law but is the "Blue Card" a form that verifies registration or is it something else?

    If the "Blue Card" is verification it should be simple to clear up with the courts providing the gun you were carrying appears on the registration list.

    About the Civil actions - I would press hard for a thorough explanation as to why it happened and what will be done to assure it never happens again. You may only have the court/judge to address but I would want to make sure this Marshal (person) gains a better understanding of the law.

    If when you go to court with the Judge and Marshal present, I'd present the question in a very pubic manner to the Judge making sure the Marshal hears exactly what you ask. I'd also make sure it is a very pointed and direct question about the actions of the Marshal.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by wittmeba View Post
    Don't know the Nevada law but is the "Blue Card" a form that verifies registration or is it something else?

    If the "Blue Card" is verification it should be simple to clear up with the courts providing the gun you were carrying appears on the registration list.

    About the Civil actions - I would press hard for a thorough explanation as to why it happened and what will be done to assure it never happens again. You may only have the court/judge to address but I would want to make sure this Marshal (person) gains a better understanding of the law.

    If when you go to court with the Judge and Marshal present, I'd present the question in a very pubic manner to the Judge making sure the Marshal hears exactly what you ask. I'd also make sure it is a very pointed and direct question about the actions of the Marshal.
    Also would have a good 2A/RKBA attorney at my side leading the show.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member Maverick9's Avatar
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    Quote Originally Posted by Savioso702 View Post
    Nothing I was there to simply pick up my kids from baseball practice. The guy who called the Marshal Service harassed me once the week before in front of other parents regarding it but I paid him no mind as I had already cleared it with Metro Clark County Sheriffs Office and the Las Vegas Marshal Service. He started in again and i spoke up as to not allow him to verbally bash me in front of my kids or the other parents again.
    Well at the very least if they confiscated your gun without cause it's theft. File and get an attorney. Collect damages. Stick out tongue, buy a nice present for yourself and fam.

    Did they give you a receipt for the gun and ammo?

    Good luck!

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    Quote Originally Posted by wittmeba View Post
    Don't know the Nevada law but is the "Blue Card" a form that verifies registration or is it something else?

    If the "Blue Card" is verification it should be simple to clear up with the courts providing the gun you were carrying appears on the registration list.
    You would think so, but not true. We have proven several times that the local gov fails to enter the info, or even gets the info wrong. There is no requirement to carry the blue card it is merely a receipt. Many of us shred them and mail them back to the cop shop. The nra and the state nra agency have done nothing to help rid us of this.

    I suspect the same will be the case here.

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    Quote Originally Posted by b0neZ View Post

    Savioso, while an interesting read, if you do intend to pursue legal action, I highly recommend you remove or heavily redact all posts right now pertaining to the situation.
    I wouldnt delete it. We have had a few instances like this over the past few years. Kept the post and details up and lots of folks helped and got the issues solved.

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    Quote Originally Posted by rightwinglibertarian View Post
    NV has gun registration? Good grief! :s
    CT also has gun reg. and to send forms upon buying a gun. They have none from me.

    My state has already said that they will check their "lists" when responding to any complaint and adjust their response if you own a gun.

    Pure fascism in gun registration.

    And the OP's experience is likely not unique .. they "lost" his "registration" and they stole his gun and cited him with a violation of the law.

    I don't know if the blue card is evidence that you registered the gun or not (could go either way really...its a ? of law - something to consult an attorney for).

    And it shows that with all these goofy gun laws (none of which are valid) one needs to be a supreme court justice just to own.

    Good luck to the OP.
    Last edited by davidmcbeth; 08-31-2014 at 01:19 PM.

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    Campaign Veteran MAC702's Avatar
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    Get a pro-gun lawyer immediately. Either Ben Bunker or someone he recommends.

    Litigate this! Please! We NEED to start putting them in their place by victims willing to pursue the legal crap.

    I will help in any way I can, either as a state-recognized expert witness, and/or with donations to the lawyer if needed.

    Seems to me this is the PERFECT situation for the Nevada Firearms Coalition to champion and TAKE THE LEAD on.

    I think EVERY MEMBER here in Clark County should be calling the police to verify the registration on their handguns, or at least the one you carry. Can you imagine the scene? At first they will wonder why we are doing it, and then they will have phone records (as will you, to help the OP) of how many have NOT been put into the system. Anyone want to start a formal betting pool on the percentage of FAILURES of the system?
    Last edited by MAC702; 08-31-2014 at 01:35 PM.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Quote Originally Posted by MAC702 View Post

    I think EVERY MEMBER here in Clark County should be calling the police to verify the registration on their handguns, or at least the one you carry. ..
    Get a copy through a record request .. hard to say they did not have it then....with all gov't required forms I always get a file stamped copy (even my 1040's).

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    Regular Member wittmeba's Avatar
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    Quote Originally Posted by Grapeshot
    Also would have a good 2A/RKBA attorney at my side leading the show.
    Well, I wasn't suggesting the presence or absence of an attorney but since you brought it up...

    Why is it that everyone feels the need for a $500.00/hour representative to simply state the law that the OP has already indicated? I realize there are times when the knowledge of the law will make a very significant difference, but this doesn't seem like one.

    I would like to believe that citizens of the United States do not have to prove their worthiness by affording an attorney to speak for them. I have not been in the situation yet and hope I never am but I do hope that our system would work as we expect.

    Dig through the BS and present the detailed facts as you know...see what happens. I am not a believer that money should affect the outcome.
    Last edited by wittmeba; 08-31-2014 at 01:48 PM.

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by wittmeba View Post
    Well, I wasn't suggesting the presence or absence of an attorney but since you brought it up...

    Why is it that everyone feels the need for a $500.00/hour representative to simply state the law that the OP has already indicated? I realize there are times when the knowledge of the law will make a very significant difference, but this doesn't seem like one.

    I would like to believe that citizens of the United States do not have to prove their worthiness by affording an attorney to speak for them. I have not been in the situation yet and hope I never am but I do hope that our system would work as we expect.

    Dig through the BS and present the detailed facts as you know...see what happens. I am not a believer that money should affect the outcome.
    While I agree with you on principle, the attorney isn't just to cite the easy law, but to do the necessary and complicated paperwork and see that it is filed correctly.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Regular Member rightwinglibertarian's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    CT also has gun reg. and to send forms upon buying a gun. They have none from me.

    My state has already said that they will check their "lists" when responding to any complaint and adjust their response if you own a gun.

    Pure fascism in gun registration.

    And the OP's experience is likely not unique .. they "lost" his "registration" and they stole his gun and cited him with a violation of the law.

    I don't know if the blue card is evidence that you registered the gun or not (could go either way really...its a ? of law - something to consult an attorney for).

    And it shows that with all these goofy gun laws (none of which are valid) one needs to be a supreme court justice just to own.

    Good luck to the OP.
    Almost right. Yes, they stole his gun but as the 'law' he broke was a violation of the Constitution it's therefore void and the cite which certainly is or includes a demand for money is pure extortion. Lets call things what they are instead of politically correct euphemisms.
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Quote Originally Posted by MAC702 View Post
    While I agree with you on principle, the attorney isn't just to cite the easy law, but to do the necessary and complicated paperwork and see that it is filed correctly.
    I have filed numerous court cases, lower courts & appellate courts, pro se.

    The law is the law and facts is facts. But how to get the facts to the ear of the court is an art.

    Motions to strike, motions to dismiss, objections and all that is where it gets beyond most people.

    What should the complaint have, what shouldn't it have; what answers should have and what they cannot have. How to handle depositions, etc. is where most people cannot understand how to properly handle their case.

    Its not beyond an average person to do but it is a learning curve. Expect to spend 40 hrs creating a complaint.
    Last edited by davidmcbeth; 08-31-2014 at 03:07 PM.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by rightwinglibertarian View Post
    Almost right. Yes, they stole his gun but as the 'law' he broke was a violation of the Constitution it's therefore void and the cite which certainly is or includes a demand for money is pure extortion. Lets call things what they are instead of politically correct euphemisms.
    Would sincerely hope that his defense consists of more than that.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member rightwinglibertarian's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Would sincerely hope that his defense consists of more than that.
    Well no it would include case law proving any and all restrictions on the bearing of arms are illegal and it would also prove the only ruling that can even have effect under the Constitution is an affirmation of constitutional rights.
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by rightwinglibertarian View Post
    Well no it would include case law proving any and all restrictions on the bearing of arms are illegal and it would also prove the only ruling that can even have effect under the Constitution is an affirmation of constitutional rights.
    Wish you luck. Were it that simple/direct it would have been accomplished a looong time ago.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member rightwinglibertarian's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Wish you luck. Were it that simple/direct it would have been accomplished a looong time ago.
    Problem is not enough people bother. They make some half attempt at defending their rights and wonder why they are stolen. The government just laughs, knowing that it still controls the sheep who make a few annoyed bleats but then comply with whatever infringements they make up.
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Quote Originally Posted by rightwinglibertarian View Post
    Well no it would include case law proving any and all restrictions on the bearing of arms are illegal and it would also prove the only ruling that can even have effect under the Constitution is an affirmation of constitutional rights.
    There is no such case law. Not in all those volumes displayed behind advertising attorneys - those are bound volumes of case law, maybe a million pages, and no where in them is a decision making "restrictions on the bearing of arms [ ] illegal."
    I am responsible for my writing, not your understanding of it.

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    Regular Member rightwinglibertarian's Avatar
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    Quote Originally Posted by Nightmare View Post
    There is no such case law. Not in all those volumes displayed behind advertising attorneys - those are bound volumes of case law, maybe a million pages, and no where in them is a decision making "restrictions on the bearing of arms [ ] illegal."
    I've quoted a few myself and i'm no expert. If I can find the needed rulings anybody can do it. Firstly the Constitution trumps any and all other laws. It says so itself. I went through this not too long ago right here
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Marbury v. Madison is hardly case law.
    I am responsible for my writing, not your understanding of it.

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    Regular Member Savioso702's Avatar
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    They gave me the citation and a property receipt page that stated I had a valid blue card that matched the guns serial number and listed my magazine and all ammo accounted for on the property sheet I have a copy of

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