I’m out here in California and red flag laws are all set to expand. I’m wondering what would the legal repercussions be, other than a trip to jail obviously, to refusing to open the safe for law enforcement who have come to confiscate my firearms without allowing me the due process I’m guaranteed under the bill of rights? I’m more concerned that once the state gets a hold of my firearms, legal though they may be, they will be extremely reluctant to give them back once I’ve cleared my name.
Firstly, welcome to the community!
In response, I would suggest cooperation and allow your attorney to bite the hand of those who infringed upon your rights through the courts. Believe me when I’m telling you its very understandable to feel hesitant in openly handing your self-defense over not to mention your hard earned money. If you are like me, most if not 80% are a souvenir and have A LOT of sentimental value making them priceless to me.
With that being said, I do understand but don’t resist lawful orders because in the end they will be held accountable.
Randall W. Anderson
@Okpanic I watched Live PD last night where they were at a Drug Dealers house in your state and the Officers thought the dealer had drug money in the safe and after his arrest the Fire Dept. was called in with a chop saw and cut a large hole in the safe. Sooo I would assume your safe would get the same treatment. Also it was stated that if the safe was removed from the residence a search warrant would be needed, if it was cut open in the residence no warrant was needed.
P.S. No money was found and all drugs were confiscated.
I agree with @Randall318: in the moment is not the fight. In the court room is the fight.
In my opinion, If they come to take my guns, I won’t fight them. I will sue. I will win.
Remember, our job is to de-escalate situations until we have no other options or an immediate threat of severe harm is detected.
No doubt friend!!!
Happy Birthday as well! Now since your 21 what are you gonna do?
lol Jk! Have a blessed Birthday bro!
That’s. 21 would be nice, but it’s the big 45 today. I’m thinking of buying a Colt 1911 to celebrate.
Don’t tell @Zee, I think she thinks I’m only 30.
We can make it “like” your 21st if you want!
You would finally be able to buy a pack of smokes!!
shhhhhh keep it on the down-low
All seriousness, I hope today gives joy like your 21st B-Day and many hereafters.
Hey if you can’t be my favorite Glock model, you can certainly be my favorite caliber! Happy .45th birthday
@Okpanic, with our without your consent, if they want your guns, they will have them. Warrant, EPO, “imminent threat”, there’s a method. If you resist on the spot, you’re going to be adding resisting arrest and assault on an officer to whatever legal charges are already in the offing. Where and when you make a stand … at your door or in court… is a personal choice, and these are considerations to be thought about in advance. The price is high… or higher.
In CA it is technically possible to get your firearms back but in my second-person experience its unlikely. I know of cases where guns were “accidentally destroyed” prior to the “must return by date”. I’m not personally convinced that they were destroyed, several of them were very nice very expensive firearms that I suspect somehow just … disappeared.
Sounds more like the Sheriff of that county got some new toys
I’m not talking about resisting, I’m talking about refusing to open the safe, putting my hands out and saying " it will be opened once I’ve had my day in court." The accidental destruction is what I’m concerned about. I would still be able to sue and win. I just wouldn’t allow them to deprive my private property without due process.
May or may not cost you a new safe. This is a great reason to have an attorney and to ask some questions now. Get the what-ifs sorted.
I can tell you that absolutely can and does happen. No idea how often, but it absolutely can.
That is very likely the case, just can’t usually prove it.
That’s the under lying issue too!
The plaintiff is stuck with the burden of proof.
I would comment on this but it is a lost cause. They have won. I was brought up to believe that there was always recourse.
On second thought maybe I will comment.
Right now all I’m hearing is comply, comply, comply.
What was that guys name… oh yeah Hitler, he wanted everyone to comply also. Give an inch and they will gas you!
If you have a strong feeling that they are coming maybe the guns can be moved to another residence. You could open the safe and let them see the empty vault. In my state you can purchase through private sales OR build a legal ghost AR rifle. In other words nobody needs to know what you own and if they aren’t there, they aren’t there.
@EDC_always, bummer about that boating accident.
@Scott52 - and that is a choice every person has to make for themselves and for their families - stand your ground or live to fight it out in court… and THIS is why I think this whole thing is so incredibly destructive… because they’re potentially putting law abiding citizens in a position to have to make those kind of choices with their lives.
This is not going to go well.
What is the real solution?
Can I call my lawyer from the cattle car or speak to a judge from the gas chamber.
I actually thought that the whole reason for the second amendment was for times like these. This IS the purest form of tyranny.
As in law enforcement or military operations, hesitation will get you killed.
We seem to be hesitant. Comply, call your congressman, write to your senators, they don’t seem to be working FOR the people, actually they seem to be working against the people.
I’m open to suggestions. I’m prepared to die for my country’s freedom and my grandkids freedom. I’d rather not. It seems our constitution is being erased line by line.
We shouldn’t have to INSIST on “DUE” process. Obviously something got lost in the translation.
The new law, as written, would allow pretty much anyone who isn’t a complete stranger petition for a red flag confiscation. It seems to be set up to encourage people to use it as the new “swatting” tactic. I don’t trust people I work with.