Miami judges to yank concealed weapons permits

[ceetee]

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Miami judges to yank concealed weapons permits in domestic violence cases
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People accused of domestic violence must surrender their concealed weapon licenses along with their guns and ammunition under new procedures implemented by the courts in Miami-Dade County.

Earlier this month, Amy Karan, administrative judge for the county's Domestic Violence Division, ordered that firearm forms for restraining orders and misdemeanor acts of domestic abuse be revised to specifically require that people give up their licenses to carry guns.


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Under the revised procedures, people who are subjected to domestic violence restraining orders will have to surrender their gun licenses immediately to the nearest police department. The change will also apply to orders governing pre-trial release, probation and instances in which criminal defendants are required to "stay away" from victims.

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Those who do not show proof of having surrendered the license can be held in contempt and jailed until they comply, the judge said.

To recover the license when a restraining order is lifted, individuals will have to reapply to the state Division of Licensing in the Department of Agriculture and Consumer Services.

"It will not be reinstated automatically," Karan said.

So let me get this straight... a person can accuse another of this new bugaboo, "domestic violence", and get somebody's CCW card pulled, and that person then has to go through the entire process of getting fingerprinted, and applying for a new card, even if those allegations are proven to be completely false? I'm all for protecting the innocent, and punishing the guilty, but when did it become constitutional to punish the innocent?

 

[Outlaw Man]

This is truely sad.

 

[Malone LaVeigh]

Of course, having given up the sacred card, the accused will be rendered completely harmless...

 

[MrRezister]

Earlier this month, Amy Karan, administrative judge for the county's Domestic Violence Division, ordered that firearm forms for restraining orders and misdemeanor acts of domestic abuse be revised to specifically require that people give up their licenses to carry guns.

I thought it also worth noting that apparently the judicial branch is creating legislation here. It's a good sign, that whole "checks and balances" thing really wasn't working out in the judges' favor.

 

[subierex]

GUILTY, until proven innocent. It's the Amerikan way.

 

[Edmond]

Yep, I'm sure an enraged spouse won't dare carry a gun to carry out any crime against their former spouse once that sheet of paper is taken away...

 

[REOIV]

Gun control of any sort is bad.

Law is a slippery slope. And rights are lost incrementally.

Its like saying if you publish something libelous that you lose your right to freedom of the press until that case is settled. And if you lose the case you can NEVER make new printings of anything.

 

[jaholder1971]

Been there, done that in Kansas

Had my brother and mother file false charges of domestic battery against me several years ago. I exposed some shady dealings regarding my late father's estate and this was a bit of payback.

The Florida courts are probably using their incredible latitude under bond conditions to do this. Do what the courts say or you stay in jail. The laws already give them that authority unfortunately.

DV is such a politically charged issue that the pendulum has swung well out of kilter for men. If you're ever accused you've got no choice but to hire the meanest, nastiest lawyer you can despite the cost.

 

[geekWithA.45]

It may not be so much the judicial branch creating legislation, as it would be stepping on the toes of the regulatory process, which I believe belongs to the executive branch, whose responsibility is to actually implement whatever the legislation provides for.

This would be the case IF there is verbiage in the state statues to provide for disarming folks meeting the various criteria mentioned.

If not, well, then it's literally legislating from the bench.


Incidentally, this is where the executive rubber meets the road, in that these things can be implemented in more and less enlightened fashions when the statute remains silent or unspecific. No automatic return when pronounced "not guilty"? That would be less enlightened. The fact that domestic restraining orders are passed out like candy on Halloween, and therefore sets up a mechanism for abuse in the first place is a legislative flaw.

 

[Old Fuff]

People accused of domestic violence must surrender their concealed weapon licenses along with their guns and ammunition under new procedures implemented by the courts in Miami-Dade County.

All of this seems very logical. Since many if not most domestic violence injunctions are routinely issued on the basis of the female partner’s accusations – usually not supported by other evidence – why require evidence to strip the male of his guns and licenses – if he has such. The whole issue of domestic violence restraining orders is a can of worms that needs to be investigated and overhauled.

If this judge thinks that a piece of paper will actually restrain someone who is bent on committing violence against a former or current partner, she must, as my mother used to say, “be lacking enough brains to keep her ears apart.”

 

[buzz_knox]

If this judge thinks that a piece of paper will actually restrain someone who is bent on committing violence against a former or current partner, she must, as my mother used to say, “be lacking enough brains to keep her ears apart.”

It'll make the "vicitm" feel better, and that's all that matters.

 

[Sistema1927]

This is one of the "intended" consequences of the Lautenberg amendments. Sad, very sad, that disarmament will occur incrementally as more and more are accused of domestic violence by the frustrated "Million moms" of the nation.

 

[Speer]

People accused of domestic violence must surrender their concealed weapon licenses along with their guns and ammunition under new procedures implemented by the courts in Miami-Dade County.

Any way they can get them. Soon you'll be forced to give up your guns for a harsh glare.

Kiss my ass.

 

[Flyboy]

Under the revised procedures, people who are subjected to domestic violence restraining orders will have to surrender their gun licenses immediately to the nearest police department.

Yes, I know it's a PITA to have to reapply for a permit, but don't most states already have this as a mirror of the Lautenberg amendment?

It is, of course, still wrong.

 

[HankB]

I don't know . . . maybe my tinfoil hat is leaking, but as I keep reading stuff like this, day in and day out, I can't help but wonder . . . is somebody actually trying to provoke violence?

 

[obxned]

Guilty until proven innocent, and even after. What country has laws like that? Surely not in America!

 

[Valkman]

In another thread I alluded to a guy I know who's wife laid a divorce on him. She then went to a judge and said he had PTSD and she was afraid and his guns were taken and custody to his girl restricted. No proof at all needed.

But another poster told me "It's family court - doesn't matter". Yea well, judges are jerks everywhere from family court to the OJ trial to the one who got caught playing with himself during a trial to the 9th Circuit Court of Appeals. It's coming where our guns will stay or go on someone else's whim.

 

[Orthonym]

Yeah, HankB, that might be the effect on someone trying to control his bad feelings about an injustice; teetering on the fence, ya'know? I can see how something like that could tip one over to the bad side. I think that may have happened somewhere, that I read about. I dunno.

Edited for clarity. Added "somewhere, that I read about"

 

[MarkDido]

Well, if a person has been ACCUSED of domestic violence, shouldn't we just throw him (and it will usually be a him) in an 8 x 8 cell forever?

I mean, guns aside, couldn't he kill his spouse with a knife, baseball bat, tire iron, pool cue, heavy flower pot, etc etc?

I mean we need to remove ALL avenues for him to possibly hurt someone, right?