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Thread: Red flag law costs Korean War vet his guns .... but the complaint was from a waitress?!?!?!?!

  1. #1
    Senior Member tank_monkey's Avatar

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    Red flag law costs Korean War vet his guns .... but the complaint was from a waitress?!?!?!?!

    https://dailycaller.com/2019/10/16/e...-red-flag-law/

    So this guy who works as a crossing guard at a school in Massachusetts is talking to his friend at a DINER and casually mentions that if the guards leave for a bathroom break, there is a potential window for a school shooter to enter the premises, and some dumbfuck WAITRESS overhears the conversation, calls the cops and the guy has his GUNS confiscated?!?!?!

    According to the states own 'red flag' laws, the only people who can even 'declare you a threat to yourself and others' are cops, family members (and now in some states, your boss, your teacher and your co workers).

    How the FUCK does a random waitress walking by count as someone who can credibly call in a report and have your fucking guns confiscated!!?!?!?!

    A waitress at the diner apparently overheard parts of that conversation and and made a complaint to the Tisbury police two days later. Based on the waitress’s complaint, Police Chief Mark Saloio and another officer relieved Nichols of his crossing guard duties in the midst of performing them, drove to his house, and seized his guns and firearms license. The confiscated guns were then turned over to Nichols’ son-in-law.

    “He came up and told me what I said was a felony but he wasn’t going to charge me,” Nichols said of Saloio. Additionally, Nichols claimed that he never received any paperwork or receipts for the confiscation of his gun license or his firearms.

    When asked by the Martha’s Vinyard Times to comment, Saloio said “there’s nothing that I can legally discuss about the matter. Period.” The police department has also refused to release the police report from the investigation citing the “personnel” exemption of the public records law.
    Last edited by tank_monkey; 10-17-2019 at 03:17 PM.

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    Administrator imanaknut's Avatar

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    The founders of this country would actually wonder why they risked their lives for our freedom when you read stories like this.

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    Team GunsNet Silver 03/2014 sevlex's Avatar

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    Expedite this to SCOTUS.

    There is no way this crap law would survive scrutiny.
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    Team GunsNet Platinum 02/2015 davepool's Avatar

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    At least the swat team didn't kick his door in at 2 am and murder him, but you can count on it happening sometime, these laws facilitate that kind of action by the cops.

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    Team Guns Network Silver 04/2013 alismith's Avatar

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    This whole situation stinks. Since when does making a statement, like what was said in the story, constitute a felony?

    Is it a felony to say that people usually kill other people when cops aren't around? That's similar to what this guy said.

    Of course, this happened in Mass-of-two-shits, where gun owners are treated with respect and courtesy.
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    Just another reason to hate SWINE.
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    Team Gunsnet Platinum 06/2016 ltorlo64's Avatar

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    This shows that it is impossible to violate one right without violating others at the same time. In this case there are violations of the 1st, 2nd, 5th and 14 amendments (free speech, right to keep and bear arms, and right to due process).
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    Team Guns Network Silver 04/2013 alismith's Avatar

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    Quote Originally Posted by ltorlo64 View Post
    This shows that it is impossible to violate one right without violating others at the same time. In this case there are violations of the 1st, 2nd, 5th and 14 amendments (free speech, right to keep and bear arms, and right to due process).
    And, the police weren't bothered about violating the Constitution, either....
    "Valar morghulis; valar dohaeris."

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    Senior Member JTHunter's Avatar

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    Sad and sickening at the same time.
    “I have little patience with people who take the Bill of Rights for granted. The Bill of Rights, contained in the first ten amendments to the Constitution, is every American’s guarantee of freedom.” - - President Harry S. Truman, “Years of Trial and Hope”

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    Team Gunsnet Platinum 06/2016 ltorlo64's Avatar

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    Quote Originally Posted by alismith View Post
    And, the police weren't bothered about violating the Constitution, either....
    No they weren't. But in there defense, and to condemn them, all at the same time, they were not taught the Constitution in school and have probably not taken the time to study and learn about it since they graduated. They did not realize they were violating multiple sections of it. Ignorance is no excuse, however. Just providing context as to why it was done so easily.
    "Nothing ever gets so bad that government "help" can't make it worse." Pat Garrett, March 22, 2014

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    Team Guns Network Silver 04/2013 alismith's Avatar

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    Quote Originally Posted by ltorlo64 View Post
    No they weren't. But in there defense, and to condemn them, all at the same time, they were not taught the Constitution in school and have probably not taken the time to study and learn about it since they graduated. They did not realize they were violating multiple sections of it. Ignorance is no excuse, however. Just providing context as to why it was done so easily.
    I don't know about that for sure. The police have to be aware of many of the Constitutional guarantees to citizens, so they can make sure they don't violate them when they arrest someone. I'm pretty sure they saw nothing wrong with arresting and confiscating the guns as they were just "following the law," regardless of if that law were a direct violation of the rights you mentioned above.

    As long as they can fall back on the "just following the law" excuse, I doubt they even thought much about violating any Constitutional guarantees.

    Now, if this guy, or any other person that this law is used against, were to win a Supreme Court case, then I would hope they turn around and sue the state, the city, to police department, and the individual officers involved.

    Make EVERYONE involved accountable.

    That is the ONLY way to stop this type of unconstitutional overreach of authority.
    "Valar morghulis; valar dohaeris."

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    Making good people helpless won't make bad people harmless.

    Freedom isn't free.

    "Attitude is the paintbrush that colors our world." TV Series, Haven.

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    Team GunsNet Platinum 02/2015 davepool's Avatar

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    AND, SEVERE criminal and civil penalties for false/frivolous reporting

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    Team Gunsnet Platinum 06/2016 ltorlo64's Avatar

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    Quote Originally Posted by alismith View Post
    I don't know about that for sure. The police have to be aware of many of the Constitutional guarantees to citizens, so they can make sure they don't violate them when they arrest someone. I'm pretty sure they saw nothing wrong with arresting and confiscating the guns as they were just "following the law," regardless of if that law were a direct violation of the rights you mentioned above.

    As long as they can fall back on the "just following the law" excuse, I doubt they even thought much about violating any Constitutional guarantees.

    Now, if this guy, or any other person that this law is used against, were to win a Supreme Court case, then I would hope they turn around and sue the state, the city, to police department, and the individual officers involved.

    Make EVERYONE involved accountable.

    That is the ONLY way to stop this type of unconstitutional overreach of authority.
    That is the point. They do not understand, because of the way public schools teach the Constitution, that it is the supreme law and that all other laws are to be subject to it. They have been taught that the Constitution is a speedbump that prevents them from doing their job and that all laws must have already been compared to it. They, like most Americans, believe that it is not their place to question whether a law violates the Constitution as Congress would not pass a law that violates it. And in the off chance they do it is not their job to decide that, it is up to lawyers as they are the only ones trained to be able to make these determinations.

    I recently had a discussion with a young man going to law school that believed just this. Any person untrained in the law that would think they had the ability to decipher the Constitution was denigrating the lawyer profession. Only lawyers have the intelligence and training to be able to properly read and apply it. It was quite sad, especially when I pointed out that it was the common people who ratified the Constitution and the Amendments, who historically illiterate this young man was about the Constitution. Especially after he had already completed graduate level courses on the Constitution.
    "Nothing ever gets so bad that government "help" can't make it worse." Pat Garrett, March 22, 2014

    "HATE IS GOOD, WHEN ITS DIRECTED AT EVIL." PROBASCO, April 20, 2012

    I tried to push the envelope, but found that it was stationery.

    Have you heard about the new corduroy pillows? They're making head lines!

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    Administrator Krupski's Avatar

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    Quote Originally Posted by alismith View Post
    This whole situation stinks. Since when does making a statement, like what was said in the story, constitute a felony?

    Is it a felony to say that people usually kill other people when cops aren't around? That's similar to what this guy said.

    Of course, this happened in Mass-of-two-shits, where gun owners are treated with respect and courtesy.
    Fixed it for ya.

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