NC: Star Chamber Bill Would Authorize Firearms Confiscation - The Firearms Forum

WAGCEVP · 07-09-2003, 06:49 PM

Star Chamber Bill Would Authorize Firearms Confiscation
-- Please call your state legislators in opposition to SB 919

Gun Owners of America E-Mail/FAX Alert
8001 Forbes Place, Suite 102
Springfield, Virginia 22151
703-321-8585 / FAX: 703-321-8408

July 9, 2003

A dangerous threat to your gun rights is steamrolling toward the
governor's desk, and your help is needed to stop it!

In the name of preventing domestic violence, this bill would disarm
decent citizens for mere shouting matches that occur at home -- and
would allow confiscation of firearms despite the fact that an
individual has NOT been convicted of any crime!

This bill has already passed the House, and is now on the Senate
calendar where it can be voted on at any time. SB 919 would
authorize a court to seize the firearms, ammunition, and permits of
a person following a "star chamber" proceeding. In English history,
the Court of Star Chamber operated outside of the common law courts,
and met in secret -- while becoming a political weapon that meted
out punishment against the king's opponents.

In SB 919, Senator Tony Rand (D-Cumberland) would bring this brand
of stealth judicial hearings to North Carolina for the purpose of
confiscating firearms. In a secret session, the individual
threatened with the deprivation of his rights and the seizure of his
property would have no notice and no right to appear.

In many divorce cases, attorneys seek out protective orders as a
matter of course to give their clients a leg up during the divorce
proceeding. The result, if SB 919 becomes law, is that people can
have their guns confiscated without a trial, without a jury -- in
short, without real due process of law.

Following the expiration of any "protective" order prohibiting a
person from possessing a firearm or ammunition, the individual is
authorized to "request" the return of his seized firearms or other
property, but the firearms may not be returned to the owner unless
the court orders their return.

Thus, the mere expiration of the "protective" order does not restore
an individual's right to retrieve his property.

The firearms owner may petition a court for the firearms' return
within 90 days after the "protective" order has expired. And,
although a court is required to consider a number of factors during
the hearing on that motion, it is not REQUIRED to return the
firearms, no matter what the circumstances.

The court may order that the firearms be "disposed of" merely
because the owner, for financial or other reasons, fails to comply
with a timetable for the payment of fees or the petition for return.

In addition, the defendant is required to pay for "storage" of his
seized property. The sheriff is not responsible to the owner of the
firearms if they are lost or destroyed, even through negligence, or,
for that matter, malice.

Finally, in an incredible act of hypocrisy, S.B. 919 explicitly
exempts police who beat their wives.

ACTION: Please send your state senator a letter and ask him to
oppose SB 919. A roster and pre-written message are included
below for your convenience. If you don't know who your senator is,
go to http://www.gunowners.org/activism.htm and plug in your zip
code under Elected Officials, then click on the State link.

---- Pre-written letter ----

Dear __________:

I urge you to oppose SB 919. In the name of preventing domestic
violence, this bill would disarm decent citizens for mere shouting
matches that occur at home -- and would allow confiscation of
firearms despite the fact that the individual has NOT been convicted
of any crime!

Interestingly, a bill that is concerned with domestic violence
exempts police -- which would lead one to believe this bill is more
about "gun control" than it is concerned with real safety.

This bill could allow a person's firearms to be confiscated because
of minor pushing-shoving incidents or shouting matches in the home.
And even though the gun owner can petition to get the firearms
returned when a restraining order is lifted, there is NOTHING in
this bill that REQUIRES the return of the firearms, no matter what
the circumstances.

Adding insult to injury, the court may order that the firearms be
"disposed of" merely because the owner, for financial or other
reasons, fails to comply with a timetable for the payment of fees or
the petition for return.

In addition, the defendant is required to pay for "storage" of his
seized property. The sheriff is not responsible to the owner of the
firearms if they are lost or destroyed, even through negligence, or,
for that matter, malice.

Again, please oppose SB 919.

Sincerely,

****************************

North Carolina State Senate Roster

Dis Pty Name Phone E-mail

01 D Basnight 919-733-6854 Marcb@ncleg.net
02 D Thomas 919-733-6275 scottt@ncleg.net
03 D Jenkins 919-715-3040 Clarkj@ncleg.net
04 D Holloman 919-715-3032 Robertho@ncleg.net
05 D Moore 919-733-5953 Tonym@ncleg.net
06 D Hargett 919-715-3034 Cecilh@ncleg.net
07 D Kerr 919-733-5621 Johnk@ncleg.net
08 D Soles 919-733-5963 Rcsoles@ncleg.net
09 R Ballantine 919-715-2525 Patrickb@ncleg.net
10 D Albertson 919-733-5705 Charliea@ncleg.net
11 D Swindell 919-733-5655 abs@ncleg.net
12 R Smith 919-733-5850 Freds@ncleg.net
13 D Weinstein 919-733-5651 Davidw@ncleg.net
14 D Malone 919-715-8363 Vernonm@ncleg.net
15 R Carrington 919-733-5653 Johnca@ncleg.net
16 D Reeves 919-715-6400 Ericr@ncleg.net
17 R Stevens 919-715-3030 Richards@ncleg.net
18 D Gulley 919-715-3036 Wibg@ncleg.net
19 D Rand 919-733-9892 Tonyr@ncleg.net
20 D Lucas 919-733-4599 Jeannel@ncleg.net
21 D Shaw 919-733-9349 Larrys@ncleg.net
22 R Blake 919-733-4809 Harrisb@ncleg.net
23 D Kinnaird 919-733-5804 Elliek@ncleg.net
24 R Webster 919-733-5745 Hughw@ncleg.net
25 D Purcell 919-715-0690 Williamp@ncleg.net
26 R Berger 919-733-7659 philbe@ncleg.net
27 D Hagan 919-733-5856 Kayh@ncleg.net
28 D Dorsett 919-715-3042 Katied@ncleg.net
29 R Tillman 919-733-5870 Jerryt@ncleg.net
30 R Garwood 919-733-5742 Johnga@ncleg.net
31 R Horton 919-733-7850 Hamh@ncleg.net
32 D Garrou 919-733-5620 Lindag@ncleg.net
33 R Bingham 919-733-5665 stanb@ncleg.net
34 R Brock 919-715-3050 Andrewb@ncleg.net
35 R Shubert 919-733-5739 Ferns@ncleg.net
36 R Hartsell 919-733-7223 Fletcherh@ncleg.net
37 D Clodfelter 919-715-8331 Danielc@ncleg.net
38 D Dannelly 919-733-5955 Charlied@ncleg.net
39 R Rucho 919-733-5650 Bobr@ncleg.net
40 R Pittenger 919-733-5707 Robertp@ncleg.net
41 R Sloan 919-715-0706 Rbs@ncleg.net
42 R Forrester 919-733-5708 Jamesf@ncleg.net
43 D Hoyle 919-733-5734 Davidh@ncleg.net
44 R Allran 919-733-5876 Austina@ncleg.net
45 R Foxx 919-733-5743 Virginiaf@ncleg.net
46 D Dalton 919-715-3038 Walterd@ncleg.net
47 D Queen 919-733-3460 Joeq@ncleg.net
48 R Apodaca 919-733-5880 Toma@ncleg.net
49 D Metcalf 919-715-8361 Stevem@ncleg.net
50 R Carpenter 919-733-5875 Robertc@ncleg.net

Shizamus · 07-12-2003, 03:49 AM

We shall bind them with the chains of the Constitution.

Where is the Constitution on this one ??

Thousands of gun owners should be strapping
on their sidearms or long arms and start marching
to the Capitol and start a mass evacuation of all
these pinko commies and find them a new home.
Traitors committing Treason !
How many to a 100' of rope ?

GUN LAWS ARE ENFORCED AT GUNPOINT !

Evilahole · 07-13-2003, 08:03 AM

Unless things quickly change, Shiz, I fear that day is quickly coming.

07-09-2003, 06:49 PM	#1
WAGCEVP V.I.P. Member Join Date: May 2003 Location: Georgia Posts: 179	NC: Star Chamber Bill Would Authorize Firearms Confiscation Star Chamber Bill Would Authorize Firearms Confiscation -- Please call your state legislators in opposition to SB 919 Gun Owners of America E-Mail/FAX Alert 8001 Forbes Place, Suite 102 Springfield, Virginia 22151 703-321-8585 / FAX: 703-321-8408 July 9, 2003 A dangerous threat to your gun rights is steamrolling toward the governor's desk, and your help is needed to stop it! In the name of preventing domestic violence, this bill would disarm decent citizens for mere shouting matches that occur at home -- and would allow confiscation of firearms despite the fact that an individual has NOT been convicted of any crime! This bill has already passed the House, and is now on the Senate calendar where it can be voted on at any time. SB 919 would authorize a court to seize the firearms, ammunition, and permits of a person following a "star chamber" proceeding. In English history, the Court of Star Chamber operated outside of the common law courts, and met in secret -- while becoming a political weapon that meted out punishment against the king's opponents. In SB 919, Senator Tony Rand (D-Cumberland) would bring this brand of stealth judicial hearings to North Carolina for the purpose of confiscating firearms. In a secret session, the individual threatened with the deprivation of his rights and the seizure of his property would have no notice and no right to appear. In many divorce cases, attorneys seek out protective orders as a matter of course to give their clients a leg up during the divorce proceeding. The result, if SB 919 becomes law, is that people can have their guns confiscated without a trial, without a jury -- in short, without real due process of law. Following the expiration of any "protective" order prohibiting a person from possessing a firearm or ammunition, the individual is authorized to "request" the return of his seized firearms or other property, but the firearms may not be returned to the owner unless the court orders their return. Thus, the mere expiration of the "protective" order does not restore an individual's right to retrieve his property. The firearms owner may petition a court for the firearms' return within 90 days after the "protective" order has expired. And, although a court is required to consider a number of factors during the hearing on that motion, it is not REQUIRED to return the firearms, no matter what the circumstances. The court may order that the firearms be "disposed of" merely because the owner, for financial or other reasons, fails to comply with a timetable for the payment of fees or the petition for return. In addition, the defendant is required to pay for "storage" of his seized property. The sheriff is not responsible to the owner of the firearms if they are lost or destroyed, even through negligence, or, for that matter, malice. Finally, in an incredible act of hypocrisy, S.B. 919 explicitly exempts police who beat their wives. ACTION: Please send your state senator a letter and ask him to oppose SB 919. A roster and pre-written message are included below for your convenience. If you don't know who your senator is, go to http://www.gunowners.org/activism.htm and plug in your zip code under Elected Officials, then click on the State link. ---- Pre-written letter ---- Dear __________: I urge you to oppose SB 919. In the name of preventing domestic violence, this bill would disarm decent citizens for mere shouting matches that occur at home -- and would allow confiscation of firearms despite the fact that the individual has NOT been convicted of any crime! Interestingly, a bill that is concerned with domestic violence exempts police -- which would lead one to believe this bill is more about "gun control" than it is concerned with real safety. This bill could allow a person's firearms to be confiscated because of minor pushing-shoving incidents or shouting matches in the home. And even though the gun owner can petition to get the firearms returned when a restraining order is lifted, there is NOTHING in this bill that REQUIRES the return of the firearms, no matter what the circumstances. Adding insult to injury, the court may order that the firearms be "disposed of" merely because the owner, for financial or other reasons, fails to comply with a timetable for the payment of fees or the petition for return. In addition, the defendant is required to pay for "storage" of his seized property. The sheriff is not responsible to the owner of the firearms if they are lost or destroyed, even through negligence, or, for that matter, malice. Again, please oppose SB 919. Sincerely, **************************** North Carolina State Senate Roster Dis Pty Name Phone E-mail 01 D Basnight 919-733-6854 Marcb@ncleg.net 02 D Thomas 919-733-6275 scottt@ncleg.net 03 D Jenkins 919-715-3040 Clarkj@ncleg.net 04 D Holloman 919-715-3032 Robertho@ncleg.net 05 D Moore 919-733-5953 Tonym@ncleg.net 06 D Hargett 919-715-3034 Cecilh@ncleg.net 07 D Kerr 919-733-5621 Johnk@ncleg.net 08 D Soles 919-733-5963 Rcsoles@ncleg.net 09 R Ballantine 919-715-2525 Patrickb@ncleg.net 10 D Albertson 919-733-5705 Charliea@ncleg.net 11 D Swindell 919-733-5655 abs@ncleg.net 12 R Smith 919-733-5850 Freds@ncleg.net 13 D Weinstein 919-733-5651 Davidw@ncleg.net 14 D Malone 919-715-8363 Vernonm@ncleg.net 15 R Carrington 919-733-5653 Johnca@ncleg.net 16 D Reeves 919-715-6400 Ericr@ncleg.net 17 R Stevens 919-715-3030 Richards@ncleg.net 18 D Gulley 919-715-3036 Wibg@ncleg.net 19 D Rand 919-733-9892 Tonyr@ncleg.net 20 D Lucas 919-733-4599 Jeannel@ncleg.net 21 D Shaw 919-733-9349 Larrys@ncleg.net 22 R Blake 919-733-4809 Harrisb@ncleg.net 23 D Kinnaird 919-733-5804 Elliek@ncleg.net 24 R Webster 919-733-5745 Hughw@ncleg.net 25 D Purcell 919-715-0690 Williamp@ncleg.net 26 R Berger 919-733-7659 philbe@ncleg.net 27 D Hagan 919-733-5856 Kayh@ncleg.net 28 D Dorsett 919-715-3042 Katied@ncleg.net 29 R Tillman 919-733-5870 Jerryt@ncleg.net 30 R Garwood 919-733-5742 Johnga@ncleg.net 31 R Horton 919-733-7850 Hamh@ncleg.net 32 D Garrou 919-733-5620 Lindag@ncleg.net 33 R Bingham 919-733-5665 stanb@ncleg.net 34 R Brock 919-715-3050 Andrewb@ncleg.net 35 R Shubert 919-733-5739 Ferns@ncleg.net 36 R Hartsell 919-733-7223 Fletcherh@ncleg.net 37 D Clodfelter 919-715-8331 Danielc@ncleg.net 38 D Dannelly 919-733-5955 Charlied@ncleg.net 39 R Rucho 919-733-5650 Bobr@ncleg.net 40 R Pittenger 919-733-5707 Robertp@ncleg.net 41 R Sloan 919-715-0706 Rbs@ncleg.net 42 R Forrester 919-733-5708 Jamesf@ncleg.net 43 D Hoyle 919-733-5734 Davidh@ncleg.net 44 R Allran 919-733-5876 Austina@ncleg.net 45 R Foxx 919-733-5743 Virginiaf@ncleg.net 46 D Dalton 919-715-3038 Walterd@ncleg.net 47 D Queen 919-733-3460 Joeq@ncleg.net 48 R Apodaca 919-733-5880 Toma@ncleg.net 49 D Metcalf 919-715-8361 Stevem@ncleg.net 50 R Carpenter 919-733-5875 Robertc@ncleg.net __________________ The Second Amendment IS Homeland Security ! -->

07-12-2003, 03:49 AM	#2
Shizamus Senior Member Join Date: Jun 2001 Location: Vermont Posts: 891	We shall bind them with the chains of the Constitution. Where is the Constitution on this one ?? Thousands of gun owners should be strapping on their sidearms or long arms and start marching to the Capitol and start a mass evacuation of all these pinko commies and find them a new home. Traitors committing Treason ! How many to a 100' of rope ? GUN LAWS ARE ENFORCED AT GUNPOINT ! Last edited by Shizamus; 07-12-2003 at 03:51 AM..

07-13-2003, 08:03 AM	#3
Evilahole V.I.P. Member Join Date: Mar 2003 Posts: 348	Unless things quickly change, Shiz, I fear that day is quickly coming.