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this crap scares me with the last whacko landlord/roommate I had.Originally Posted by MrAK
bf/gf, gf/gf, bf/bf, brothers, sisters, parents, etc...just way too much room for abuse and wrongdoing.
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It would be a good way to investigate how difficult this is to use. I wouldn't want to be harassed by the police for the rest of my life though.
"There are no finger prints under water."
So if your guns are in a trust, would they need to be surrendered?
Possible loophole we should all use to defy silly laws?
Interesting workaround... look fwd to reading a "not legal advice" answer.
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It is terrible to contemplate how few politicians are hanged. - The Cleveland Press, March 1, 1921, GK Chesterton
No, that wouldn't work for the reasons Foxtrot stated above: "Constructive possession." IOW it would be no different than if you said "I don't own these, they all belong to my wife." If you live in the house and you have unfettered access to them then it's the same as if they're yours.
Now, if the cops show up and you don't have any guns in your home, they are stored elsewhere, I'm not sure what they could do. They could compel you to surrender your guns under threat of prosecution, perhaps.
A warrant from a judge generally allows the police to do whatever is necessary to execute the warrant. I'm just guessing here but the warrant would probably read something like "The sheriff or his designated appointee is authorized to go to Joe Respondent's house at 123 Fake Street in Springfield and remove all firearms pursuant to CRS xx-xx-xxxx.x" That gives them the authority to go into YOUR house.
But it would be an interesting case if, for example, you told the cops that all your guns were at your brother Jim's house. Could they seize them without a warrant from the judge specifically authorizing them to go into Jim's house to do it? And what if Jim lives in a different jurisdiction? Is the warrant state-wide?
Better yet, what if Jim lives in a county with a pro-gun sheriff (yes they exist) and that sheriff orders his deputies not to enforce the order?
Here's another: What if a judge signs the order and the Sheriff says "I'm not going to enforce that?" I suppose the judge could hold the sheriff in contempt but how is he going to arrest him?
(I'm thinking of that memorable scene in the movie "Tombstone": Right after the gunfight at the OK corral when Sheriff Behan belatedly approaches the Earp party and says "Your'e all under arrest!" and Kurt Russel's Wyatt Earp replies "No, Sheriff, I don't think I'm going to let you arrest me today." and walks off.)
Lots of problems with this proposed law....
Last edited by Martinjmpr; 05-02-2018 at 20:13.
Martin
If you love your freedom, thank a veteran. If you love to party, thank the Beastie Boys. They fought for that right.
This ^
If you haven't had this in mind you're at least ten years behind. Even if this law does not pass, it should still be taken into consideration ASAP.
It allows LEOs to also come to the court. So someone that you aren't even related to you drops in to talk to the local PD, hell, sends a tweet, and viola- the process is started.
I'll stop buying black rifles when my wife stops buying black shoes.
I lived in Douglas Country when Tony was "elected". What a mess that county is!
We all knew Tony wasn't the 2A supporter he claimed to be. That he likes this bill is more evidence.
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