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2nd Amendment and Right to Bear Arms/Loss of Gun ownership?
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Question
Hello,
This question makes me nervious. I am a purple heart veteran and because of a traffic accident I was put on probation and charged with a mis demdemeanor 2, bad advice from mt attorney. I had never been in any kind of legal problem in my life and I am 59 and will be 60 in a couple months. I belong to a perstagious gun club and there was NO involvement in the insident called an accident in janurary. I drive a suv and alledged backed into a honda, I did not feel any bump and drove on well, this lady said I hit her even though there was absoutly no damage to her car. I said that from the beginign but no one would listen to me. woman have the rights in todays legal system. Do I loose my rights to have my guns? Monday I go to court for the fourth time for this sick joke and their suppose to drop the probation. Can I have my guns back after that? OH God please say yes. One was also confacated from my house by a cop and refuse to return it even after producing paperwork of ownership, I only had it for 11/2 weeks. It was a birthday gift to myself. Illegal search and seizure?
What are your thoughts
Thanks a million for you time,
Michael Long
Mike,
Thanks for contacting me. Your accident is not a felony so yes, you can still have guns. It appears that the officer that took your gun is violating search & seizure rules: IE without probable cause or a search warrant.
I recommend having your attorney look into retrieving your firearm.
Best wishes,
Dan
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| Rating(1-10) | Knowledgeability = 10 | Clarity of Response = 10 | Politeness = 10 |
| Comment | Mr. Haynes, I apologize for the second entry of the same questionthere were problems on my end with my computer. I am VERY releaved by your answer. I am NOT happy with my attorneys at all, being the first time I have ever needed their services I had no idea what I was doing. And a lot of very bad advice!! I thank you very much for your help and I pray this time on Monday I am off probation! Thanks again, Michael Long | ||
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Answers by Expert:
Dan Haynes
Expertise
I will answer questions on the 2nd amendment from both historical and present day applications. I will answer questions on the right to keep and bear arms and the significance of this right. I will not answer questions that require legal interpretation or those that are outside of my areas of expertise.
Experience
I have studied the 2nd amendment from a historical view. I have certified as an NRA Range Safety Officer. I am a Federal Firearms License holder, and have a CCW permit. Since 2004, I operated my own gunsmithing shop and offer custom pistolsmithing services.
I have served a 4 year term as an elected offical on the Montrose Colorado City Council, becoming Mayor in my 4th year. I am well versed on the US Constitution and firearm laws.
Organizations
NRA, NAHC, M1 Garand Collectors Association
Publications
Smith & Wesson Club 1852 fall 2007 issue.
Education/Credentials
NRA hunter safety course, NRA Range Safety Officer training, Colorado CCW permit holder, Federal Firearm Licensee, professional pistolsmith.
Past/Present Clients
Valhalla Shooting Club
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