Incident that happened on 8/25/08 need advice/help *updates 7/07/09*

[leetninja]

I spoke with Evan today at the Concord Gun Show and he had not heard anything about it yet.
Don't worry about bothering anyone on a weekend.

i left him a lengthy voice mail the other night.  at the  223-0001 number listed on his site.  i had no other way to contact him.  if anyone sees him please ask him if he can call me?

[leetninja]

due to all of this going on with me, i am getting quite a surprising education in how things really work.  it saddens me.  it makes me want to do more with my life than just sit around twiddling my thumbs until i grow old.  my family wants me to call the NRA and ACLU.  I have no idea if that would be worthwhile or even where to start.   

I have retained a lawyer that a friend recommended very highly.  he seems to really know what he is doing and talking about and even came out to my home today to speak with me and get a visual and walk through on what happened etc.  he is confident that we can beat all of these BS claims.  I am ready (and i told him this) to have a TEAM of lawyers if that is necessary.  he agreed if it was it was.  I'm not a rich man but i will sacrifice everything for my rights and my freedoms.  i am not willing to just let them be taken away.  especially not by lying grandmothers and children. 

i dont care what color they are or where they reside or what gang they are or are not in.  i care about my family, friends, neighbors and community.  I will not just stand by and give up.  If it takes the rest of my life I will stand up for myself.  maybe it is more than myself, maybe it isnt.  some part of me thinks that by standing up for myself in this situation i stand up for all responsible gun owners like myself. 

some of these laws and rules are just crazy!  Being able to lie and get a restraining order, costing a citizen their 2nd amendment rights, forcing them to sacrifice their potentially thousands of dollars of hard earned money, forcing them to sacrifice their reputation, their sense of security, and their firearms that also cost money.  That is just outrageous!  It needs to change!   

I have a very new view on things.  I really wish I had this view sooner as now it may be too late.  I will try to remain optimistic.  I again thank you all for your help.  I will obviously keep everyone updated if anything new happens and I will try to make it to as many events as I can if things are calm enough. 

I wish I could adequately explain how grateful I am for all the support.

[J’raxis 270145]

due to all of this going on with me, i am getting quite a surprising education in how things really work.  it saddens me.  it makes me want to do more with my life than just sit around twiddling my thumbs until i grow old.  my family wants me to call the NRA and ACLU.  I have no idea if that would be worthwhile or even where to start.   

The NHCLU is actually one of the few ACLU State chapters that's pro-gun. Call them.

As for the NRA, I think the State-level organizations GO-NH and PGNH would be more helpful, but it wouldn't hurt to try to bring NRA lawyers in if they're willing to help. The other big national pro-gun group is Gun Owners of America.

some of these laws and rules are just crazy!  Being able to lie and get a restraining order, costing a citizen their 2nd amendment rights, forcing them to sacrifice their potentially thousands of dollars of hard earned money, forcing them to sacrifice their reputation, their sense of security, and their firearms that also cost money.  That is just outrageous!  It needs to change!   

The New Hampshire Liberty Alliance is working on fixing all these bad laws. If you want to get involved in helping elect good legislators, or legislative action next year, the NHLA has its own forum for discussion of such topics.

[KBCraig]

I got your Porc-411 message tonight about the kids attempting to break in next door. Did the police ever show up? How good is the video you got?

[leetninja]

had to just call the police because the kids were banging around in the house next door (abandoned) and my girlfriend got scared and called.  very hard to hav ea fast reaction when really under pressure.  my phone was dying and then dead, the camera i borrowed even though it has been on the charger all day died almost immediately when i tried to turn it on, my girlfriend forgot to put the phone on speaker, and i forgot to call porc411 with the phonecall to the police!  wow do i FAIL at this!  i am making a mental checklist and going over it with her from this point on.  i need to train myself and her as to what we need to do to be effective and efficient!  never thought it would be this hard.  wow!

i think i also forgot to mention that my lawyer unfortunately verified that if a restraining order is taken, issued, and served against me, that i will have to turn in any and all firearms on the premises.  I really have a hard time with this "law".  he says that hopefully i can simply appear in superior court and fight it and win undoubtedly due to the inconsistencies in the kids and grandmother's story.

Worth noting maybe: The officers that responded to tonights call were actually supportive of wanting to nab these kids.

there was a party going on on Coburn street - they claimed the kids were just cutting through the "public easement" to get from the beach to home.  the officers told them to break up the party and when i told them no one has been at the beach all night because it is CLOSED after 9pm they said "we know they are full of it" and that was pretty nice to hear.  also they mentioned that these kids are known and that "usually its two houses down" which would be where my incident occurred!

what i didnt particularly like was one officer saying (without attitude) "you did the right thing by calling us.  dont try to handle it yourself."

im going to stay up for just a bit longer and then head to bed

[leetninja]

I got your Porc-411 message tonight about the kids attempting to break in next door. Did the police ever show up? How good is the video you got?

the camera doesnt appear to have night vision on it.  i borrowed it from dadaorwell so im not 100% familiar with it.  i looked all over but i dont see an emitter either so it is unlikely.  due to that the video well ... sucks.  all of it is just blackness and treelines.  the police didnt really talk to us too much and only about what my girlfriend heard and from where.  we werent asked anything too special.  no hastling by them.  these guys seem different from the day cops.  and the camera died when they did so that is pretty worthless too.  all in all the only good experience with them thus far and the only good response time - under 10 mins!  amazing!?

[error]

Remember to drop by Taproom Tuesday!

[mvpel]

i think i also forgot to mention that my lawyer unfortunately verified that if a restraining order is taken, issued, and served against me, that i will have to turn in any and all firearms on the premises.

Have him check his references again.  That requirement may only apply if the restraining order is for "domestic violence" and involves an "intimate partner."

18 USC 922(d)(8 ) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, ...

The prohibition on possession in 18 USC 922(g) also indicates that it ONLY applies to a restraining order taken out by an INTIMATE PARTNER, and only after a hearing at which you've been given notice and had a chance to participate.

A lawyer can be EXCELLENT, and still not know all the nuances of the complicated and perplexing federal gun laws.  This is why we've encouraged you to get in touch with Penny Dean or Evan Nappen, as both of them are very experienced in handling gun-related cases.

A restraining order taken out by someone other than an "intimate partner" against you DOES NOT affect your right to own and carry firearms.  Please don't be tricked or bullied into giving up your right to self-defense!  The Emerson case involved his wife, not a stranger.

[Russell Kanning]

i think i also forgot to mention that my lawyer unfortunately verified that if a restraining order is taken, issued, and served against me, that i will have to turn in any and all firearms on the premises.

what i didnt particularly like was one officer saying (without attitude) "you did the right thing by calling us.  dont try to handle it yourself."

what a surprise ... a lawyer telling you to just take it

welcome to the machine

[leetninja]

This is why we've encouraged you to get in touch with Penny Dean or Evan Nappen, as both of them are very experienced in handling gun-related cases.

i have emailed Penny and left voicemail for Evan.  the biggest problem is that we have a feeling that this order will be corrected Tuesday morning in superior court and then served etc and Tuesday is rapidly approaching.  my lawyer is saying he is researching with his contacts what is going on with that order etc, and then we may go Tuesday morning to superior court and defend against this.  he also seems relatively confident that things will be reversed on these kids in multiple ways.  i dont want to say too much but i am just basically waiting to hear back from him, penny, and evan.  I mentioned their names to him but he didnt know them.  i explained who they were etc and he said he could speak with them as well.  the other thing is that he basically said a few things that make sense to me.  "this is like a bad movie" and "i cant quite put my finger on it, maybe because there is so much, but this is wrong.  what they are doing to you is wrong, and i get a bit impassioned when someones is being taken advantage of and wronged when they are innocent and within their rights.  i do what i can do make it right and i dont give up."

i have heard some amazing things about what he has done for my friend, and friends of my friend etc etc.  basically my friend called him and was talking to him and he WANTED to speak with me and get involved.  he is a very pro gun and 2nd amendment lawyer as well.  he also stopped what he was doing and left his guests at his house to come over speak with my girlfriend and i, and visually walk through what happened etc, and then later that evening make calls and show up in person to various departments to get what he needed from people he knows that he said are the "good guys that are left in the world"

im keeping my fingers crossed on all this.  i would find it very amazing, horrible, strange etc if a judge granted this order and all of these bad things happened to me, due to so many inconsistencies in this woman's story and bogus claims.  Keep in mind she claims one minute that I am waving around a pistol and pointing at the kids, yet she didnt call 911, and she had a discussion with me in the street with cars pulling up behind and in front of her for about 5-10 minutes.  i had it holstered during the entire event anyhow.  i wish i knew who those people were that were just basically sitting there waiting for two people to stop talking, but i dont.  they could point out that nothing was being waved around and that i wasnt pointing it at anyone etc but the point is that it was calm enough that she discussed with me - no yelling etc.  no one came out because there was no commotion which is why there are so few witnesses to anything.  then another biggie the kids admitting in front of an officer i didnt point it at them and didnt rack it.  there were 5-7 neighbors here at that time too that heard it all.

[FTL_Ian]

i think i also forgot to mention that my lawyer unfortunately verified that if a restraining order is taken, issued, and served against me, that i will have to turn in any and all firearms on the premises.

You only "have" to because you have agreed to follow their rules.  Stop agreeing to their system, then you can follow yourself.  They are just men like you.  You give them their power with your consent.

[leetninja]

i think i also forgot to mention that my lawyer unfortunately verified that if a restraining order is taken, issued, and served against me, that i will have to turn in any and all firearms on the premises.

You only "have" to because you have agreed to follow their rules.  Stop agreeing to their system, then you can follow yourself.  They are just men like you.  You give them their power with your consent.

what alternatives do i have?  get arrested for failure to surrender my firearm(s) at the direction of a court order?

i did decide to sell some firearms this past week, and i have plans with friends all week so I won't be home much.  if that is what you mean?

[Dave Ridley]

that doesn't make any sense about the camera failing... i watched it run for 20 minutes on half a charge the other day, with the easy-view open, to make sure it would still work.  however i wasn't rolling tape, maybe that makes a big difference.  you know to keep the easy-view thing shut most of the time right?

when you chargeed it , was there a blinking orange light at the point of power cord entry?

[leetninja]

that doesn't make any sense about the camera failing... i watched it run for 20 minutes on half a charge the other day, with the easy-view open, to make sure it would still work.  however i wasn't rolling tape, maybe that makes a big difference.  you know to keep the easy-view thing shut most of the time right?

when you chargeed it , was there a blinking orange light at the point of power cord entry?

i was recording while she was on the phone and they were hassling her and recording the yard next door while the police were on their way trying to get these kids so there would be no question of them being there etc.  probably 5-10 minutes of recording.  i had let it sit on charger for a long time too.  i was also messing trying to find a night vision option and then left it powered on while we were waiting for them to get here.  video sucks though from that night all i got was maybe some rustling in the bushes and me talking and her on the phone.  a friend of mine came over and said he has a very similar camera but his broke a long time ago but he still has extra batteries and tapes etc so he brought that all over this morning about an hour ago.  i now have 3 batteries, a bunch of tapes and I'm 100% ready for next time.  he also let me borrow his compact digital camera - it has a flash so if it is dark at least i will have that.  i am going to best buy today too and going to see what they have in the line of cameras with night vision.  i used to have an older sony that had it.  i wish i never sold that thing!

it is so weird that i am so calm but once the adrenaline kicks in on maybe being able to catch them and hoping the police make it in time and everything else i just start thinking about ... *poof*

next time - and im SURE there will be a next time ... i will be prepared fully 

[leetninja]

will be in court with lawyer tomorrow over everything