Another restraining order ?

[Rob Boudrie]

Thanks for the correction - rep inbound.

 

[GSG]

A felony carries state prison time and has many consequences including a lifetime of not being able to touch a firearm.

I agree with you on due process grounds. But maybe we should use a misdemeanor for the purposes of this example?

Great point. Plus, if you're charged with a felony you can't have guns until it clears up anyway.

(Howard v. Wakefied, 59 Mass. App. Ct. 901 (2003) )

Here's a link to that case.

http://masscases.com/cases/app/59/59massappct901.html

Someone tried to poison his wife's tree...the cops even took his speargun under the 209A...unreal.

They can also make sure they raise a credible threat of jail time, run up a few tens of $K in your legal fees, and then offer you the tough choice by way of a plea deal that makes you a prohibited person for life but avoids prison, or refresh your counsel's retainer and roll the dice with your freedom. Everyone talks tough about fighting for what is right when they are not the one charged, or early in the process before they have been ground down by the system. The reality of the situation is no doubt something that cannot be fully appreciated by someone who has not experienced it. Fortunately, I have no experience in this area.

This is quite true; thankfully I don't have any firsthand experience with this either.