New worry for gun owners: Gun Violence Restraining Order

[SteveS]

Well, that happens to include purchasing or possessing a firearm. Basically, if we take a strict interpretation of the statute (again, this is where Steve hopefully tells me I'm reading too much into this), it's saying that the PPO shall be issued if the court determines that there is reasonable cause to believe that the individual to be restrained is going to purchase or possess a firearm.

Let that sink in for a minute.

Steve, please tell me there's some case law that negates my concern here...

But yes, you can subsequently contest the PPO.

I am not aware of any, though I am also not aware of anyone, anywhere, being granted a PPO solely on the basis that the other person possesses a firearm.

[SteveS]

Most court proceedings are pretty boring.  The exception being PPO hearings.  If you are curious about the process, spend half a day watching them.  Some of them are straight out of the Jerry Springer show. 

Yes, you can challenge them, but your success can sometimes be up to the whim of the judge.  I have seen PPO's with little or no evidence be upheld just because the judge thought it was better to be safe than sorry.  I have also seen ones thrown out that should never have been thrown out.  The other problem is that you only have a short amount of time (14 days) to file a motion to have it set aside.  Another problem is that once you have one and the other party applies for another one when it expires, the subsequent ones are way more likely to be upheld. 

IMO, they aren't revoked routinely.  Considering their effects, they are upheld way more often than they should.  If you ever get one, take it very seriously and hire a skilled attorney to aggressively fight it. 

[jgillmanjr]

Most court proceedings are pretty boring.  The exception being PPO hearings.  If you are curious about the process, spend half a day watching them.  Some of them are straight out of the Jerry Springer show. 

Yes, you can challenge them, but your success can sometimes be up to the whim of the judge.  I have seen PPO's with little or no evidence be upheld just because the judge thought it was better to be safe than sorry.  I have also seen ones thrown out that should never have been thrown out.  The other problem is that you only have a short amount of time (14 days) to file a motion to have it set aside.  Another problem is that once you have one and the other party applies for another one when it expires, the subsequent ones are way more likely to be upheld. 

IMO, they aren't revoked routinely.  Considering their effects, they are upheld way more often than they should.  If you ever get one, take it very seriously and hire a skilled attorney to aggressively fight it.

Hrm. My wife's the assistant to one of the partners for a criminal defense & family law firm here in Lansing (and I'm the part time IT guy). I'll have to see if I can't get tipped in the event they have to go handle one.

[jgillmanjr]

Mooney M20C.

I had about 1,000 hours in that one airplane, right around 1050 total.  Instructor friend of mine went flying with me one day and strongly recommend that I go get my commercial IN ANOTHER AIRPLANE   He said you and this plane are like one, but those skills would not serve me well in another airplane.

I raced in about 20 races, speed category I was almost always 1st, 2nd, or 3rd.  Michigan Air Race, which was a proficiency race, I had something like six 6th place finishes.

Traveled all over the midwest for my employer, I was lucky they let me fly, and several vacation trips to WI, NY, and FL.  Screwed up on one FL trip, it was just after I had installed bladder tanks and gained 6 gallons of fuel.  With a little more time on those tanks, I would have made the trip from PTK to PGD non stop.  BLAZING 90 kt tailwind at 12k feet.  I had a screaming GS and sipping fuel.

I used to love to go out when it was 1/2-200.  Loved the challenge.

Came really close to buying another Mooney C in December, literally had my Flight Physical scheduled when I realized it was the day before my colonoscopy... which almost killed me.  Friend of mine knows of a beautiful babied 231 with an owner kinda desperate to sell, but we're too far apart on price, and I'm rethinking the whole throwing money into the air again.

About two years after the divorce, every time I flew the plane, I was throwing 500-1,000 at fixing something.  The plane went from being zero unexpected maintenance to incredibly expensive.  Sold it to a guy in NJ who ended up totaling it in a fairly mild cross wind.  My guess from reading the accident report, he came in to hot, tried to force it on the ground, and lost control.  Mooney's do not land before they are ready.  You're along for the ride and you better have the speed nailed.

Moving this over to the thread I started a while back: http://forums.michiganopencarry.org/index.php/topic,2896.0.html

[TheQ]

Hrm. My wife's the assistant to one of the partners for a criminal defense & family law firm here in Lansing (and I'm the part time IT guy). I'll have to see if I can't get tipped in the event they have to go handle one.

Oh, oh. Let me know. I'll go too. Jerry! Jerry!

[jgillmanjr]

Oh, oh. Let me know. I'll go too. Jerry! Jerry!

Nothing like good, quality, train wreck television programming!