Confiscation sounds like the tip of the iceberg in that town!!
Thread: Illegal Firearms confiscated?
Please see http://www.wnd.com/?pageId=326601
Mr. Roth wrote: "Judge Karen Slaughter reversed herself on the gun confiscation. I challenged it and she (not immediately, but after I hired an attorney) dismissed the injunction against me."
As someone who has been through an unlawful Injunction, fought an unlawful Brady gun restriction and won, a few points: JP Judge Slaughter failed to uphold the law in the Michael Roth Injunction and should be impeached.
First, she is not allowed to make up her own law, but did. Specifically, Arizona law requires a "series of acts" before issuing an Injunction. See A.R.S. § 12-1809. A series of acts is defined as "two" in the Arizona Supreme Court's Rules of Protective Order Procedure. JP Slaughter acknowledged this fact while simultaneously acknowledging that Winslow had listed only one act. Yet she issued an Injunction anyway. She did not uphold the law. Hence, a misconduct complaint and impeachment are in order.
Second is the question of "soundness of mind" for an Injunction. A.R.S. § 12-2202 says “Persons who are of unsound mind at the time they are called to testify shall not be witnesses in a civil action.” Mr. Winslow admitted to JP Slaughter that he is suffering from PTSD and seeing a psychiatrist. Therefore, he is not of sound mind and the Injunction should never have been issued. (How did he legally buy a shotgun with a mental disorder?) Again, JP Slaughter failed to uphold the law.
Third, JP Slaughter’s prohibition against firearms is unconstitutional. Specifically, an Injunction against Harassment is a civil matter. It is not a criminal matter like an Order of Protection. The courts (and people) often lump these together, but they are NOT the same.
Firearms can only be prohibited under an OOP, per Brady and the Violence Against
Women Act. See A.R.S. §13-3602 G(4).
In contrast, Injunction law does NOT give a judge the right to prohibit firearms because Brady does not apply in an Injunction. The Legislature does not speak to firearms in Injunction law. (No mention of firearms in A.R.S. § 12-1809.) It is only an internal handbook of the AZ Supreme Court—which is not law—which claims a judge can prohibit firearm possession in a civil injunction. (See AZ Rules of Protective Order Procedure Rule 6, E e 2, on page 20 at http://www.law.arizona.edu/clinics/c...ly_law_clinic/ Materials/ARPOP.pdf) But the handbook is wrong. In fact, it does not cite any lawful basis for its Rule (as it does for every other Rule) because there is no lawful basis for their Rule! This makes a prohibition against firearms a violation of the 2nd Amendment to the U.S. Constitution as well as Arizona’s Constitution. JP Slaughter deprived Mr. Roth a Constitutional right.
Note: A petition was filed last year in the Arizona Supreme Court’s public forum to correct this error in the ARPOP. But the State Bar fought it and the Activist Liberals on the Court denied the petition. A Federal Civil Right lawsuit suing the Justices and JP Slaughter is the only way to make the court obey the law and uphold the 2nd Amendment.
Last edited by Wc; 08-16-2011 at 10:29 PM.
Confiscation sounds like the tip of the iceberg in that town!!
Sounds to me like violation of rights under color of law. Maybe the FBI should go in and arrest the councilman and justice of the peace on those charges.
What I don't understand is what has kept Arizona state authorities from going in and cleaning up house. I'm not familiar with the state laws regarding municipalities in Arizona, but surely they could disincorporate the municipality to put an end to this.
Topic is MISLEADING
It is not Confiscation of ILLEGAL ARMS, it is ILLEGAL CONFISCATION of ARMS!
"The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
"Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.
Where is the Arizona Rangers ?
Don't they exist to help the Governor, fight corruption within the government in AZ ?
Where does one go when the corruption is in the ones who are to protect us from that ?
Its sad !
Th problem with Quartzite isn't as simple as an out-of-control Chief of police and a corrupt judge. It's MUCH deeper than that, and hs the potential to blow one of the best-kept secrets of Governmental Fraud WIDE OPEN...
It all comes down to the double set of books that municipalities and states use for their financial accounting. Most people only think the "Budget" is the official report for government financials, but there is another set of books that they also use--which lists all their INVESTMENTS (which aren't on the "budget") and this is how corrupt officials often skim money out of the coffers, because they are not publicly known about. This second set of accounting books is called the "Comprehensive Annual Financial Report (CAFR), and is a dark secret in our system.
The State or County will not help this mayor, because if they did, the CAFR system would come out in the national media, and then people all ocer the nation would start asking to see their local CAFRs, and the gig would be up for all the corrupt, greedy, thieving public officials who are using it to skim off the public funds.
I wish this mayor all the luck in the world because he's not going to get any help from the County or the State. They are all in thsi CAFR scam together, and they don't want to risk exposing this fraud to the Public.
Last edited by Dreamer; 08-01-2011 at 04:13 PM.
It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
--Barry Goldwater, 1964
Hey, what's this golden star?
Dreamer should have four gold stars after posted four thousands than JoeSparky's stars for money?
I don't like it.
Last edited by Wc; 08-14-2011 at 08:33 AM.
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