Domestic Violence, Guns and You

Domestic Violence, Guns and You

It is becoming more and more evident to me that that there a lot more people who are getting caught up now in the criminal justice system, who shouldn’t be here. When I say more people now, I mean people who have never been arrested before in their lives, and who 10 or 20 years ago would not have even been arrested for what they are being arrested for now. Why is that?

Are people becoming more careless with their behavior?

No, that’s not it.

I believe that the police, prosecution and judges are becoming more willing to subject someone to the pain, agony and economic suffering that goes along with an arrest, without regard to what the actual consequences may be to that individual. Our society as a whole is generally moving to a let’s-blame-the-other-guy attitude to make these finger-pointers feel better about their own problems and frustrations.

For example, domestic violence laws that are meant to protect actual victims, have gone way over the top to now punish someone who may not have actually committed a crime, but who is believed to have the potential to commit a crime. Every year we see more and more laws enacted to restrict one’s constitutional 2nd Amendment right to possess a firearm, as one of many knee-jerk reactions to a shooting somewhere far away that is committed by a mentally unstable person, usually. So, rather than look for the real cause of the mental instability or the socio-economic factors that may have led to the instability, and then deal with those causes, the government rather decides that guns kill people, not that people kill people. This has resulted in laws in California that say you cannot own or possess a firearm if a domestic violence temporary restraining order has been issued against you. Note that I said “temporary”. This means that if you raise your voice against your spouse, the neighbor calls 911 to report a domestic disturbance, the police come to investigate and you are arrested because the police want to separate you and your spouse until things cool down, then a temporary restraining order may be issued against you if the police believe that it is the thing that they recommend be done. BOOM! You now have 24 hours from being served with that temporary restraining order to sell or store your guns with a gun dealer and show the court proof of the sale or storing of the guns within 48 hours, or you may be charged with a new offense of violating the court’s order.

Even if your spouse says nothing happened and she doesn’t want you arrested, once the police are called, it is out of his or her hands.

So, why have things changed so much?

Why are good people who would not have been subjected to such consequences just a few years ago, now being put in these terrible situations?

I believe that it is all about money. Another knee-jerk government reaction to some tragedy in some other part of the country is to disperse more money for punishment….not education, punishment! Police departments and prosecutor offices are offered grant money for domestic violence and gun control programs. How do they get that money? By showing statistically, there is a local problem that requires money to fix. How do they get those statistics? By arresting as many people for those offenses as they can…whether that arrest will actually result in a criminal prosecution in court or not. Then, if they get that money, they must justify receiving it by showing that they are making even more arrests…again, whether those arrests result in a case going to court or not.

We can help you avoid such a case going to court, and if it does, we can help you beat that bogus case and get your constitutional rights restored to you!

Call us any time of day or night 760-345-4777.

2016-12-05T12:48:55+00:00