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So you get a goofy restraining order hearing.

You can simply avoid needing to turn over your guns by filing an appeal before the time is expired to do so.

In most states the filing of an appeal automatically stays any court order that requires you to do something in response to the order.

So if you file an appeal before the expiration of the time needed to hand over your guns then the order is automatically stayed.

Depending on the state, you may have to do this very quickly, within a day or two...so prepare the appeal paperwork (usually a couple of pages) and get either into the electronic filing system or opt out of it (most states now require you to file electronically, but you can sign up for that anytime -- if you want to opt out of e-filing this may take some time, so do it well before any proceeding is noticed to you).

And want to save some $$$, don't even go to the hearing...you'll save some $$$ of transcript costs -- like 100-200 bucks, if really strapped for cash.

Anyone can file an appeal, you don't need a lawyer.

Once you file an appeal then ask for extensions of time to file your other required papers at the appellate court....after this you'll find that 1 yr. may have passed and you can file a motion to dismiss due to mootness.

Enough extensions will result in the appellate court case being heard outside the time period you would be required to be separated from your guns.

Most opposing parties will not even realize what the hell just happened and won't file a motion to terminate the automatic stay.

So the need to be prepared is paramount, have your appeal paper work at the ready.

So you get a goofy restraining order hearing. You can simply avoid needing to turn over your guns by filing an appeal before the time is expired to do so. In most states the filing of an appeal automatically stays any court order that requires you to do something in response to the order. So if you file an appeal before the expiration of the time needed to hand over your guns then the order is automatically stayed. Depending on the state, you may have to do this very quickly, within a day or two...so prepare the appeal paperwork (usually a couple of pages) and get either into the electronic filing system or opt out of it (most states now require you to file electronically, but you can sign up for that anytime -- if you want to opt out of e-filing this may take some time, so do it well before any proceeding is noticed to you). And want to save some $$$, don't even go to the hearing...you'll save some $$$ of transcript costs -- like 100-200 bucks, if really strapped for cash. Anyone can file an appeal, you don't need a lawyer. Once you file an appeal then ask for extensions of time to file your other required papers at the appellate court....after this you'll find that 1 yr. may have passed and you can file a motion to dismiss due to mootness. Enough extensions will result in the appellate court case being heard outside the time period you would be required to be separated from your guns. Most opposing parties will not even realize what the hell just happened and won't file a motion to terminate the automatic stay. So the need to be prepared is paramount, have your appeal paper work at the ready.

(post is archived)

[–] 1 pt (edited )

You clearly have not bothered to learn what a 'Red Flag Law' is.

There is no notice. There is no warning. There is no goofy restraining order hearing. There is no time limit to file an appeal. There is no Due Process. The first you ever hear of it is when the armed jack boot thugs kick down your door with no warning and confiscate you guns.

The hearing and all of that pesky process and justice stuff happens AFTER THEY ALREADY RAIDED YOUR HOUSE. This is the point of the red flag laws. Someone reports you as 'A danger to you or others' and with out ever letting you know they show up with a court order to confiscate. You can only challenge it post facto. The intention is to catch you by surprise.

Innocent people have already died because they were just chilling at home without a care when armed men break down the door and in the heat of the moment they tried to defend themselves.

[–] 0 pt (edited )

Yes, mine would be limited to those orders related to protective orders and other proceedings that have a hearing prior.

As to coming in and taking as you mentioned...the process is to defend your property

[–] 1 pt

the process is to defend your property

And this will likely get you or your local police killed if it happens to you. This is why Red Flag Laws are so bad and cannot be let to stand.