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Indiana stole his 32

Discussion in 'Legal' started by jdl357, Jul 10, 2005.

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  1. jdl357

    jdl357 Member

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  2. Joejojoba111

    Joejojoba111 Member

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    I feel for that guy, wish him luck.

    As for this;

    "While being questioned, Birtwhistle said, he also made it a point to ask whether he would get his gun back.
    "They said, 'Yes, but it has to go downstate, so it's going to take a month to six weeks,' " Birtwhistle said. "And it's been five months now."

    What can you say? That's the police, that's all. He should just be thankful he didn't have cash on him from the rent of the other property. ...Or maybe he missed their subtle hints, and that's the trick to getting his gun back...
     
  3. TheGoodLife

    TheGoodLife Member

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    give the man his gun back

    Wow.

    The intruder was intent on getting in, even after two shots had been fired:

    If an intruder doesn't stop after shots are fired, they are intent on what?

    Is it legal for the state to keep his gun if he didn't commit any crime? Isn't that the end of the investigation, justifiable homicide?

    Sounds bogus to me.
     
  4. Hawkmoon

    Hawkmoon Member

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    What "investigation"? What evidence? What records?

    What a crock! They declined to press charges because they knew it was a good shoot. The "investigation" must have lasted at least 10 or 15 minutes -- Birdwhistle told them what happened, they can see the holes ih the door and the blood on the carpet. It ain't like it's a big mystery who shot the guy or why. Evidence? What's the need for evidence when it has been determined that NO CRIME HAS BEEN COMMITTED?

    Records? They need the GUN for the records? This is a wild guess, but I'm going to go way out on a limb and suggest that the gun just might have a bunch of little sguiggley marks on the side, sometimes known as a "serial number." If they want a record --- write down the serial number and give the man back HIS gun.

    Sheesh.
     
    Last edited: Jul 11, 2005
  5. El Tejon

    El Tejon Member

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    Wow, where to begin?

    Do they have some sort of voluntary registration program there? I know here they would do it for collectors. Don't believe in "them guns" but he bought one anyway? O.K.

    The CDPA is talking though his hat. Has to go "downstate"? Where? Indianapolis? Why, for what purpose? What's the beef, chief? What alleged "crime" that you have probable cause for are you investigating, sir?

    You don't just get to keep any property the state feels like keeping. Time to petition a judge for an order to release property ahora mismo.

    The CDPA just wants to disarm an 84 year old man. He should feel very ashamed for that.
     
  6. armoredman

    armoredman Member

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    What a CROCK! Do we have an e-mail addy for this Chief of Thieves?
     
  7. RavenVT100

    RavenVT100 Member

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    In NJ, not only would they keep his guns, but he'd likely be tried for First Degree Murder.

    I'd feel lucky just losing a gun after that.
     
  8. jdl357

    jdl357 Member

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    This form is the only way I can find to contact the St Joseph Co Prosecutor. I'm not sure if you have to fill out all the info or just submit a comment.
    http://www.stjoepros.org/contactUs.html
     
  9. svtruth

    svtruth Member

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    II & IV

    Sounds like a violation of his second and fourth amendment rights.
     
  10. molonlabe

    molonlabe Member

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    The bad part about this is the man is probably on a limited income. I would personally beat them over the head with a lawyer just for principal. I wouldn't care if it cost more than the gun.
     
  11. CAS700850

    CAS700850 Member

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    I don't know if I caught something, or if it was just the way the article was written, but it seemed to imply that the shooting was ruled justified by the D.A. By implication, it does not say the case was rejected by a Grand Jury. Difference? The D.A.'s decision isn't the end of the road, it can be changed at any time. And, with the possibility of a murder charge, there is no statute of limitations to end the case. the D.A. can just hold it out as being "under investigation" for all time.

    So, you say take the issue to COurt and get an order returning the property. D.A. goes in and says "the item is the weapon used in a fatal shooting which is still under investigation" and the judge says okay. You lose. Go home without the gun.

    It's dirty pool on the D.A.'s part, and I am a D.A. (And, I have had the pleasure of handing guns back to the rightful owners when they were recovered after a theft, etc.)
     
  12. El Tejon

    El Tejon Member

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    CAS, so true. However, I find that motioning a court will usually get the PA off the dime and get my guy's property back out of shame, if nothing else (if this is what my client wants, I often tell them that it would be a costly pistol).

    Time to write a big, fat check to the PA's opponent in the next election.

    BTW, yes, this is part of Problem #2, which despite what some on THR, does occur. BTW, this is another example of why it is wise to own multiple copies of the weapons you like.
     
  13. doger5

    doger5 Member

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    Help this man

    If you all feel this way, everybody donate $20 to him. So he can buy another pistol for protection. Have the moderator collect the funds and send it to him. His rights are being walked on. I'm not a rich man but the State is wrong.
     
  14. brian roberts

    brian roberts Member

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    Trial....

    this guy needs to go to trial for, what do they call it???? show cause, is that it???? why his property isn't returned.

    yes, is there going to be a collection??? :cool:
     
  15. armedandsafe

    armedandsafe Member

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    I'm in. Tell me how and where to send it.

    Pops
     
  16. Bufford t. Justice

    Bufford t. Justice Member

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    Count me in also. A vey noble suggestion indeed. Post an adress and I'll send some money to get him a new revolver. Poor old guy gettin raped by the system. They should be ashamed. Mods let do this if there's enough support.
     
  17. jdl357

    jdl357 Member

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    I'm in.
     
  18. GunGoBoom

    GunGoBoom member

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    Chalk one up for the simplicity of revolvers!

    I ain't gonna give $ to a guy quoted as saying "I don't believe in them guns". Still, it's legal robbery what the .gov is doing to him.
     
  19. TMM

    TMM Member

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    i never lisked the idea of them taking the GG's gun for "ballistics testing" which in itself is a sack of sh?t.

    "we are going to take the gun that you used to protect you life and make sure you don't ever get it back."

    it makes me want to spit out a very long strand of "Bad Words".

    ~TMM :fire: :fire: :fire:
     
  20. Sergeant Bob

    Sergeant Bob Member

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    If you don't want to give to him, that's fine. But, I think you may be misinterpreting what he said, as did the reporter when she wrote "84-year-old Birtwhistle said of using guns. "
    I believe what he means is he doesn't especially like shotguns

    From the article;
    Since he used a gun to kill the intruder, and he wants it returned, it is quite apparent he "believes in them guns".
     
  21. jdl357

    jdl357 Member

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    I think his quote "I don't believe in them guns" was before he bought one and needed one. I think he believes in them guns now! Why would he want it back if he did not know the value of a guns protection?
     
  22. doger5

    doger5 Member

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    Think of this

    I think the state is wrong. And if you can get the press to notice that a bunch of complete strangers got together and donated to help someone, that the lawmakers abusing, isn't worth showing them in a bad light?

    This is America, you have the right to believe differently. Even if the man does not believe in firearms. It is his right to own one. The State took it away, is this not in violation of the 4th Ammendment?

    The law makers do not care about the people, in PRK they are going to pass the bill on serial numbers on pistol ammo. It's cheaper than actually funding laws that make sense, since they can't ban guns in Kalifonia. And I did not vote for Arnie! :banghead:
     
  23. TheGoodLife

    TheGoodLife Member

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    good idea plus notify others

    I would donate some money also.

    I think it would be a great idea to contact some of the folks at worldnetdaily, newswithviews, and others who would write articles about this kind of abuse.

    I would be glad to help, just let me know.
     
  24. The Rabbi

    The Rabbi member

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    I'm in. Just the PR alone would be worth it:
    Members of Internet Gun Board Help Elderly Man

    Aside from that it is the right thing to do.

    Will the moderator follow up on this and notify us privately or however it should be done?
    Maybe a .32 H&R Magnum should be on the table. Maybe someone could contact Smith or Taurus and see about a reduced price.
     
  25. robert garner

    robert garner Member

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    and the line forms where? count one more!
     
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