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Iowa Senate File 2357

Discussion in 'Legal' started by bumm, Feb 25, 2010.

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  1. bumm

    bumm Member

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    small town Iowa
    http://www.ammoland.com/2010/02/24/i...-for-doing-so/

    Iowa Gun Bill Takes Away Your Guns, Charges You For Doing So & Denies You Due Process, All In One
    We can’t even make this stuff up….
    Iowa Gun Owners

    Iowa Gun Owners

    Iowa - -(AmmoLand.com)- Members and Friends of Iowa Gun Owners, your emails and phone calls into the Capitol have been taking a toll on the anti-gunners in the Capitol as many elected officials have told us. We are writing you now to urge you to stand up for your gun rights again.

    The Senate bill that we asked you to oppose last week, Senate File 2357, was brought up on the Senate floor yesterday evening with an amendment being offered. Both the bill and the amendment are overtly hostile to your gun rights.

    The bill, Senate File 2357 and its Amendment, S-5126 are set to receive a vote as early as this morning!

    It is vital that you act today and contact your State Senator and demand that he or she oppose this legislation.

    Allow us to briefly review what this legislation would do.

    If passed this bill would:

    * Allow virtually anyone who knows you to apply to the court for a no-contact order – even if no physical contact has ever occurred between the two of you. As condition of this no-contact order you would be required to hand over all of your firearms and ammunition.
    * Not require that you even be present at the court hearing. This bill does not even ensure that you have the right to even have legal counsel present or a chance to confront your accusers in a court of law.
    * Allow an anti-gun court to decide who is qualified to take possession of your firearms should they decide to take them from you.
    * Allow this same court to decide that no one is qualified to take your guns and order the sheriff’s department to seize them, and make you pay the sheriff for the right to lose your guns! Yeah, you get to pay the government $50 per gun that they seize from you!
    Declare you a felon, and unable to ever own guns again, if you fail to turn over so much as a single .22 cartridge.

    There is more but I am sure you get the idea.

    Even as amended this bill is very dangerous. Don’t let them fool you by saying ‘all we are doing is making Iowa code mirror federal code.’ That is not true!

    Even federal language, as bad as it is on this issue, provides for some standard of due process. The amended version of this bill simply states that ‘Upon the issuance of a protective order…the court shall inform the person who is the subject of such order or conviction that the person shall not possess, ship, transport, or receive a firearm…”

    Just like that, you are done owning firearms. Also, there is no mention, in either the bill or the amendment, of how or if you can get your guns back. The amendment talks about the protective order being lifted but there is no requirement for the state to return your guns to you! This has the appearance of a lifetime gun ban – all because some ex-girlfriend went to the court saying that she is afraid.

    It is vital that you send out the pre-written email below to your State Senator immediately as the vote could happen at any time.

    In additional Gun Rights News
    Iowa Gun Owners would like to call special attention to State Senator Keith Kreiman (D-47). Senator Kreiman has refused to move the REAL Right-to-Carry bill out of his sub-committee and onto the Floor for a vote all session. He is aggressively opposed to your right to keep and bear arms.

    Care to guess who is sponsoring the bill we are discussing above?
    That’s right – Senator Keith Kreiman. Sarah Brady of Handgun Control Inc. would certainly be proud of Senator Kreiman.

    Please take a moment to send Senator Kreiman an email as well. Let him know what you think of his refusal to pass REAL Right-to-Carry as well as his support for the bill mentioned above. As the Chair of the committee holding up our carry bill and of the committee that is producing this anti-gun legislation, Senator Kreiman needs to be contacted whether or not he is your Senator.

    Feel free to use the second pre-written email below for this purpose or you may compose your own. His email address is: [email protected] .

    If you need assistance in figuring out who your State Senator is please click here to find out.

    If you need to locate your State Senator’s email address please click here for that information.

    If you would like to call your State Senator please call 515-281-3371 and ask to be transferred.

    ———————————————————————
    (Pre-Written Email)

    Dear State Senator _____________________,

    I am writing to urge you to OPPOSE Senate File 2357 and the amendment currently filed on the bill, S-5126.

    This bill would allow me to lose my gun rights based on the accusation of a mere acquaintance who says that he/she is afraid of me – with no physical contact. As amended, this bill would not even require that I be present for this process and would deny my due process rights by not even allowing me to confront my accuser.

    Also, should some anti-gun court decide to take my guns away under this proposal the court gets to decide who is qualified to take my guns!

    The court would even have the option to allow the government to seize my guns, and make me pay them to do it!

    Lastly, there is no mention of how I can ever get my property back! This seems to be a lifetime gun ban based on the words of one person in a hearing that I might not even be able to attend.

    Regardless of how many amendments are added to this bill to make it ‘better’ this bill will always be anti-gun and I certainly expect you to vote no on it. I will be watching to see how you vote on this important matter.

    Sincerely,

    ———————————————————————

    Pre-Written Email to Senator Keith Kreiman
    ———————————————————————

    Dear Senator Kreiman,

    As a gun owner and someone who cherishes the Constitutional protections that I enjoy as an American I am very upset that you are bringing forth SF 2357 as well as the anti-gun amendment S-5126.

    These proposals will take guns away from people based merely on the allegations of another person and there is no guarantee that the affected party can even be present at the hearing!

    From making Iowans pay the state to come in and seize their guns, to allowing anti-gun courts to decide who is ‘qualified’ to take possession of the seized property of an Iowan who has not even been convicted of anything, this bill is anti-gun and un-American to the core.

    How dare you try to force this on law abiding Iowans!

    In addition, I would like to express my frustration at your refusal to move SF473, the REAL Right-to-Carry bill out of committee. This bill would increase public safety by allowing more law abiding Iowans the right to carry a weapon for self-defense.

    Please represent the views of the voters who elected you to office in the first place and not those of the anti-gun special interest groups in the Capitol.

    Sincerely,

    ———————————————————————

    Thank you for your continued activism and your willingness to help us as we fight for your right to keep and bear arms!

    For Freedom,
    Aaron Dorr
    Executive Director
    Iowa Gun Owners

    About:
    Iowa Gun Owners (IGO) was formed in January of 2009 to combat the oppressive gun laws in the State of Iowa. IGO does not believe that you, as a law abiding citizen, should have to beg permission from the government to be able to defend yourself and your family. That’s why we are working so hard to get a Vermont/Alaska style carry law passed in Iowa. In these states, unless you are a convicted felon or otherwise barred from possessing weapons, you don’t need a permit to carry a gun for self-defense! Join us now! Visit: www.iowagunowners.org

    Iowa Gun Owners
    Distributed to you by - AmmoLand.com – The Shooting Sports News source.
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  2. oneletterk

    oneletterk Member

    Joined:
    Mar 3, 2010
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    Sorry-- but you are terribly misinformed. I was at the courthouse the day that my sister (TereseAnn Lynch-Moore) filed a permanent protective order against Randall Moore. Randall Moore was also there. I saw him there-- I was there making sure he wasn't harassing my sister while the attorneys were conferring in another room. He had his day in court. He voluntarily signed the permanent protective order that included surrendering all his firearms. I was literally there when it all happened-- my sister was given a copy of the order that included him surrendering his firearms--THE COPY HE SIGNED.

    The problem with the current law is that the local law enforcement's hands were tied when he didn't "voluntarily surrender" the actual fire arms after signing an agreement that he would. This new law will only give law enforcement the right to enter someone's household and take the weapons that they are supposed to surrender.

    AND they do NOT have to move out of the house-- for example, my sister left their shared apartment and SHE was not allowed to remove any property from their shared apartment. For example,Randall (the guy that later murdered her with the very weapon he was supposed to surrender) would not let my sister remove diapers from the shared apartment even though my sister was the only one caring for their son. The police sided with Randall Moore because neither party can remove property from the shared residence.

    And all this happened "without so much as throwing a vase"-- only a temporary order is granted without a judge-- and after Randall's attorney saw the photographs of the bruises left on my sister's body-- Randall's attorney advised him to sign because the judge would definitely realize that it wasn't a case of "without so much as throwing a vase"

    THESE ARE THE FACTS-- YOU ARE SERIOUSLY MISLED. DO YOUR RESEARCH.

    Iowa state law does not parallel the federal law you mentioned-- that is simply what this bill is trying to do-- give local law enforcement the right to enforce what the federal law already has in place--

    FACTS ABOUT THE BILL:

    This is an issue of enforcement, not new restrictions. This law will create a mechanism for local law enforcement to remove firearms from abusers who under federal law legally should not have firearms in the first place.

    Federal law is not being enforced because only two federal agents are able to act.

    Due process is not removed. Under SF 2357 no person's right to possess a firearm will be taken away until they are afforded the full due process of law including a full hearing with the right to appeal.

    In the past 15 years 114 Iowans have been murdered by a firearm in a domestic violence situation. However, firearms are not just used by abusers to murder their victims -- they are used as a tool of intimidation and control.

    Without this law victims of domestic violence, their children, and our communities will continue to live in fear and be controlled.
     
  3. Ohio Gun Guy

    Ohio Gun Guy Member

    Joined:
    Apr 29, 2008
    Messages:
    2,472
    Location:
    Central Ohio
    ^ Sorry about your sister

    Can anyone post the actual bill? People are skeptical about these laws because all over the country due process is being side stepped. To lose ones fundimental rights, you must have due process, I would argue that does not include a hearing by a judge as you are entitled to a trial. Again, sorry about the circumstances & your sister.

    Respectfully,
    OGG
     
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