48 weapons seized from GOP politician

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Andrewsky

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http://www.in-forum.com/articles/index.cfm?id=192546&section=news&freebie_check&CFID=7657692&CFTOKEN=63277775&jsessionid=883022490708292cf4a6

Two years ago, Matt Mechtel was in the spotlight of North Dakota’s Republican Party as a congressional candidate, talking of plans to start a “pandemic” among people with his infectious energy and smile.

On Thursday, the 39-year-old’s father found him dead in a shop on the family’s Page farm from a self-inflicted gunshot wound.

Cass County court documents obtained Thursday provide a glimpse into a life that appears to have unraveled following Mechtel’s 2006 congressional bid, a campaign he eventually lost to incumbent Rep. Earl Pomeroy.

During the past year, Mechtel lost his crops to weather and his home to a fire. His wife filed for divorce, and Mechtel found himself at the center of a federal investigation.

Mechtel’s parents feared he was suicidal, prompting them three months ago to obtain temporary guardianship over Mechtel. They described to the court that his physical and mental health was “in serious question” following the series of unsettling events, which appeared to have started in spring 2007.

Cass County sheriff’s deputies were sent to Mechtel’s home last April 20 to serve an order of protection against him filed by his wife, Denise, according to Chief Deputy Jim Thoreson.

As part of the order, deputies seized 48 weapons from Mechtel.

Two days later, they were back with the beginnings of divorce proceedings, Thoreson said. The woman who had answered Mechtel’s ad for a combine driver and later married him was ending their union of almost 12 years.

In June and July, storms struck the region and destroyed most of Mechtel’s corn and soybean crop.

And later, an August fire destroyed his home and possessions. Officials said in November that a cause could not be determined for the blaze, but federal Alcohol, Tobacco and Firearms officials were investigating Mechtel as a possible arson suspect, causing him “tremendous mental stress,” his parents wrote in the guardianship papers filed in November.

Beginning in August, Mechtel started spending thousands of dollars, estimated in the court papers to have reached at least $250,000, with “no tangible property to show for the expenditures.”

His parents believed a female had befriended Mechtel and was using one of his credit cards, writing checks from his account and having him pay rent for her apartment.

Those events and his statements that “nothing works” and “I don’t have anything to live for,” coupled with threats of suicide to multiple family members, led to Mechtel entering a treatment center in Grand Forks, N.D., at the behest of his family.

He initially refused to go, but did so on Nov. 10 after his mother called 911 when he left the home “in an extremely despondent manner” and authorities gave him a choice of going to The Stadter Center with family or with law enforcement.

His parents worried he had “lost sight of fact versus fiction in his life.”

Mechtel also was being investigated by federal authorities, North Dakota U.S. Attorney Drew Wrigley confirmed Thursday, although he would not say how long it had been under way or what it involved.

Wrigley said when he heard news of Mechtel’s death Thursday he had not decided “what if any charges would be presented to the grand jury for their consideration.”

Wrigley declined to comment about whether a grand jury had been given any information about a potential case against Mechtel.

“I want to caution everyone to refrain from drawing conclusions that may or may not be justified,” he said.

A woman who answered the phone at the home of Mechtel’s parents declined to comment.

Mechtel was scheduled to appear in Cass County District Court on Thursday afternoon regarding his divorce.

Authorities said an autopsy was scheduled for today.

Before rising in statewide politics, Mechtel was a former chairman of the North Dakota Soybean Council and the Northern Crops Council. He also raised elk and ran a gun shop and a retail tire shop in Page.


Was that a legal confiscation?
 
First of all, this is a tragic loss and I feel sorry for the late runner-up.

so let me get this straight, your parents or your wife can legally take all your guns away by telling the court you're having mental problems.

I guess we all need to call our parents and spouses daily to tell them how stable we feel :barf:

To answer the question, no I don't feel this was a legal confiscation
 
Mechtel’s parents feared he was suicidal, prompting them three months ago to obtain temporary guardianship over Mechtel.
If it was determined by the court that he was incapable of caring for himself to the extent that his parents were appointed as his guardians, then yes, the legal process was followed, his parents and the confiscation was legal.
 
I could be wrong but I believe in this case a "protection order" is the same as a restraining order. Firearms are routinely confiscated by court order in those situations where a restraining order has been filed, in this case as a result of the service of civil papers and the pending divorce. It falls under the "domestic violence" type prohibitions. Check box 11 (h) on the 4473.

Not saying it's right or wrong...but it's done "legally" all the time and has been since the Lautenberg Amendment went into effect.
 
so let me get this straight, your parents or your wife can legally take all your guns away by telling the court you're having mental problems.

I guess we all need to call our parents and spouses daily to tell them how stable we feel

In Florida, it only takes two witnesses to sign an affidavit to have a person committed under the infamous "Baker Act."

I think laws like this are evil.

If this guy was of the mind to kill himself, which he apparently was, that is none of anyone else's business.
Should his family attempt to comfort him in his time of depression? Of course. Should anyone have legal standing to force their will upon him or confiscate his property when he has done nothing wrong? Hell no.
 
Dating is scary knowing that all it takes to ruin a young man's life is for a girl to claim she feels threatened by him and ask for a restraining order. I don't think there is any due process involved and it is exceedingly easy for a vindictive ex or a girl with some stability issues to fully destroy your standing in your community, in my case end my career, end my favorite activity, have my most valued possessions taken, it's something I am always worried about.

the only real solution is to just continue to be good to them and try to spot the crazies ahead of time. frightening.
 
Cass County sheriff’s deputies were sent to Mechtel’s home last April 20 to serve an order of protection against him filed by his wife, Denise, according to Chief Deputy Jim Thoreson.

As part of the order, deputies seized 48 weapons from Mechtel.


Regarding the seizure of firearms based upon one person's uncorroborated statement and without realistic due process. Let's give credit where credit is due for this matter....Senator Frank Lautenberg (D-NJ), the author of the now infamous "Lautenberg Amendment".
 
But I always wonder about these things. Why do it all at once? Why not grab them when you find them instead of waiting for an operation the size of D-Day?
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oliviaharis
Maine Drug Treatment
 
Yes it was a legal confiscation under Lautenberg. Of course I think that law is unconstitutional, and hopefully it will be addressed again soon in the courts.
 
Unfortunately, circumstances like this are knee-jerk reactions to the world around us. There are more and more shootings involving mental illnesses (whether it be a complete nut case, or a spurned lover). Its sad to think that this occurs and I dont agree with it. We should be unmolested in our rights and this one is a prime example of such molestation.

However, things like this CAN be avoided. How, you might ask? Prenuptual agreements. Learning more about the person we are dating before revealing things (or bank accounts) with them. A little personal security can prevent some gold digger from taking one to the washers.
 
"In Florida, it only takes two witnesses to sign an affidavit to have a person committed under the infamous "Baker Act.""

That's not true. You've omitted the involuntary psychiatric evaluation and hearing. And you get legal representation at the hearing and can present your own witnesses. One outcome of the hearing can be involuntary committment; the other two being voluntary committment and release.

www.psychlaws.org/PressRoom/faqonbakeract.htm
 
I had a few of my coworkers read the article. So far we have votes for Bipolar Disorder, psychotic break of some sort, Borderline Personality (which mimics a wide variety of diagnoses) and a crack or meth habit.

But who knows, it could also be a traumatic brain injury or brain tumor.

John
 
He had no good luck whatever. I'm sorry he decided to check out in the fashion that he did. Kinda shuts the door on any "rags-to-riches" recovery.
 
Sure it was legal. Court order. Given what the article says about his parents' involvement, the wife was fully justified in filing for it. And, for all that the effort was unsuccessful, the court order was fully justified by events. The family in this case did indeed do what the authorities should have done but didn't do at Virginia Tech.

When people change dramatically from their own historic norm, you better by golly do something about it. Anytime somebody is seriously outside the mainstream of rational thought, some checking is darned well worth doing. You may not need to take action, but you don't just sit around and say, "Oh, well..."

Unfortunately, when folks get into that suicidal downward path, they generally find one way or another to be successful.
 
All of us responsible gun-owners need to follow our own advice when dealing with mentally ill family members. None of us think that suicidal or seriously mentally incapacitated people should have firearms, right? Otherwise we're encouraging the kind of behavior that the Anti's will fold into their statistical arguments against RKBA. This was the family trying to act responsibly, and within the law, to protect this very unstable person's life. It's very sad that it did not work.
 
Was that a legal confiscation?

Of course it was not a legal confiscation. It fully complies with the letter of the highly unconstitutional Lautenberg law, but the Constitution is the Supreme law of the land. This was no more legal than Mayor Fenty refusing to let Heller register his semi-auto handgun. They can get away with it, but that doesn't make it "legal" under the supreme law of the land, the Constitution.

Said it before and I'll say it again. You cannot EVER fully trust your significant other. Don't enter into a domestic relationship unless you value what it can possibly bring more than you value your guns. Because it takes little more than some bare allegations of *alleged* violent behavior and poof, your rights are unconstitutionally trampled under Lautenberg.
 
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