Beware your "Justice" system

[Artful]

http://www.everyjoe.com/2015/04/02/news/navy-vet-guns-confiscated-dispute-neighbor/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+b5media%2Feveryjoe+(EveryJoe)


The Reason This Veteran’s Guns Were ConfiscatedPosted in News (http://www.everyjoe.com/topic/news/)
Thu, Apr 2 - 6:00 am EDT | 3 hours ago by Mark Edward (http://www.everyjoe.com/author/markedward/)


A dispute with a neighbor turned into a shocking nightmare for Rick Bailey, a retired 56-year-old Navy veteran from Glendale, Arizona. After taking issue with his neighbor’s insistence on parking bulky company vehicles in their shared cul-de-sac, Bailey became the victim of a court injunction that resulted in $25,000 worth of guns being confiscated from his home by police.
http://cdn3.everyjoe.com/wp-content/uploads/2015/04/rifle-gun-rights.jpgAccording to Bailey (http://www.theblaze.com/stories/2015/04/01/disabled-navy-vet-left-devastated-after-all-of-his-guns-are-confiscated-and-he-still-cant-believe-why/), who worked as a software systems engineer until his disability forced him to retire, his neighbor would bring vehicles used by his landscaping company and park them in front of his home. These vehicles, Bailey claims, were essentially dump trucks, filled with smelly waste products that would irritate him as he relaxed on his porch.
Fed up with his neighbor’s refusal to remove the vehicles, Bailey took his dispute to the city, which sided with the veteran. His neighbor was required to move any and all work-related vehicles from his private residence. Even then, Bailey claims that his neighbor would bring the offending dump trucks to his home on the weekend, when city officials were not working, just to spite him.
Their arrangement worked well enough for two months, until Bailey called the police to report toxic odors coming from his neighbor’s home. The call backfired: when police arrived at Bailey’s home, they told him that his neighbor had previously called the police to complain about death threats. They accused Bailey of threatening to shoot his neighbor and hide his body in his dump trucks, a claim that Bailey vehemently denies.
Bailey’s neighbor took the issue further, requesting a protective order. The judge who approved the order also decided that Bailey, who hadn’t been convicted of issuing any threats, should be compelled to relinquish the rights to his firearms. As soon as the judge signed the order, police arrived at Bailey’s house to execute it, removing all firearms from his home.
According to the terms of the protective order (which can be seen on The Blaze (http://www.theblaze.com/stories/2015/04/01/disabled-navy-vet-left-devastated-after-all-of-his-guns-are-confiscated-and-he-still-cant-believe-why/), Bailey should have his guns returned to him in one year. Still, Bailey plans to fight what he sees as an unfair turn of events. A GoFundMe page (http://www.gofundme.com/pvtxkk) has been set up to pay for legal fees related to the order, and so far $4,200 has been raised of the $5,000 goal Bailey, who spent a decade collecting his firearms, wants people to realize how unfair the legal system has treated a legal gun owner and veteran. He warns that others could find their guns taken away for dubious reasons as well.

http://buzzpo.com/disabled-veteran-has-firearms-confiscated-after-neighbor-makes-false-allegations/



Glendale, AZ - A disabled Navy veteran has just had all of his firearms confiscated due to false claims made by his next door neighbor.

Rick Bailey, 56, was honorably discharged from the Navy with a medical discharge in 1986. He then worked as a software systems engineer until 2001, when he finally had to retire due to medical reasons.


Bailey was recently involved in a landscaping dispute with his neighbor, Dustin Moss. These verbal disagreements reportedly lasted for several months.
On March 16th, Bailey called the police due to a strong smell of toxic chemicals coming from his neighbors home. Then on March 17th, Moss went to the courthouse and filed for a protective order, stating that Bailey threatened to shoot him quite some time ago.
I personally spoke with Bailey who adamantly denies ever making those threats. Furthermore, there’s no police record of any complaints made against Bailey.
Despite having no evidence other than the allegations made by Moss, Judge Baxter still issued the protective order. The judge also attached a separate injunction to confiscate all of Mr. Bailey’s firearms.
(See documents below)
http://cdn.buzzpo.com/wp-content/uploads/2015/03/image216-195x300.jpg (http://cdn.buzzpo.com/wp-content/uploads/2015/03/image216.jpg)
http://cdn.buzzpo.com/wp-content/uploads/2015/03/image217-232x300.jpg (http://cdn.buzzpo.com/wp-content/uploads/2015/03/image217.jpg)
http://cdn.buzzpo.com/wp-content/uploads/2015/03/image218-223x300.jpg (http://cdn.buzzpo.com/wp-content/uploads/2015/03/image218.jpg)
http://cdn.buzzpo.com/wp-content/uploads/2015/03/image219-226x300.jpg (http://cdn.buzzpo.com/wp-content/uploads/2015/03/image219.jpg)
http://cdn.buzzpo.com/wp-content/uploads/2015/03/image220-241x300.jpg (http://cdn.buzzpo.com/wp-content/uploads/2015/03/image220.jpg)
The same day that Judge Baxter issued the injunctions, the Glendale police department confiscated Bailey’s collection of firearms that took him a lifetime to accumulate. Bailey told me that 28 guns were taken valued at over $25,000. Within his collection was a World War 2 era M1 Garand valued at $5500, and a Winchester 1897 pump shotgun.
http://cdn.buzzpo.com/wp-content/uploads/2015/03/image221-300x100.jpg (http://cdn.buzzpo.com/wp-content/uploads/2015/03/image221.jpg)
Mr. Bailey obviously plans to appeal these court orders, as there’s no truth to Moss’s claims whatsoever.
Furthermore, the laws that got Mr. Bailey’s guns taken away are the same type of so-called “Gun Sense” laws that today’s anti-gun groups are lobbying for.
A Go Fund Me page (http://www.gofundme.com/pvtxkk) has been set up to assist Mr. Bailey with his legal fees he’ll likely encounter attempting to recover his guns.


:sad: world we live in.

http://www.studentofthegunradio.com/disabled-vets-gun-confiscation-proves-guns-are-a-privilege-not-your-property/


Firearms ownership is a privilege, not a right. That would be the implication in Glendale, Arizona, where a sitting judge ordered the complete confiscation of a disabled veterans firearms without a charge being filed, only the complaint of a disgruntled neighbor. We have an exclusive interview with Mr. Rick Bailey, the victim of this tyranny. Support Mr. Bailey via this GoFundMe account.

Oregon is seeking to keep up with its socialist neighbor to the north. The Beaver State senate is “fast-tracking” a bill that would make it illegal sell or transfer a firearm from one citizen to another without first seeking government approval. Again, you are supposed to accept a loss of rights for the promise of “safety.”

[MtGun44]

This needs to be fought vigourously. The Second Amendment says "shall not be infringed"
and that is what it means. Without ANY facts in the case being judged this guy's
2nd Amendment rights were instantly cancelled. Absolutely unconstitutional. The
Supreme Court has ruled that anything that may interfere with 2A rights should
be subjected to at least "intermediate scrutiny", which basically requires that the
government prove a pretty serious need for some large public good, not just a
"we thought it was a good idea" kind of baloney. This should definitely be
unconstitutional, but we are still training the lower court knuckleheads that the
2nd Amend ACTUALLY means something and must be followed.

Also, the judge is a total idiot. Since the problem is the idiot with the dump trucks,
and he has lost the "argument" with the city, it would seem to be fairly obvious who
should be believed about the next iteration of accusations. My bet is that the judge is a
gun hater and took some glee in screwing over a gun owner.

[DR Owl Creek]

The land of the brave, and the home of the free...

[starmac]

In Arizona no less, something tells me there is more to the story.

[dtknowles]

If the story is accurate the Judge is in error and the case should be overturned on appeal. If there is more to the story that has not been reported, like something that lends credibility to the claim that the gun owner made threats, the gun owner should not have been shooting off his mouth. I expect that the gun owner had a chance to defend himself in court it could be he was not credible in his denials or it could be the judge is biased.

I am not sure what kind of smelly stuff a landscaper would have in his dump truck but just the trucks would be annoying. I have had and still have neighbors who park vehicles in the neighborhood that are prohibited by the covenants and restrictions, they are so common that I expect if the issue was raised at a home owners association meetings the covenants and restrictions would be revised instead of enforced.

Picking fights with you neighbors is like opening a can of worms.

Tim

[freebullet]

I'll just be quite.

[Beau Cassidy]

It is my understanding that going after guns back door like that is becoming more and more prevalent. I know for sure it is happening in the county I live in.

[starmac]

He is in about as gun friendly part of the country there is. I am betting there is much more to the story. I'm not sure about Glendale itself, but much of that are is controlled by retirees and the laws are set up against the working man, much of that area, they do not mind letting a person spend the weekend in jail if they try to perform any work on the weekend. So I'm thinking we are only listening of his version of he said, she said. I would be curious as to what the rest of the neighbors have to say.

[dragon813gt]

Looks like it's time for everyone to bury a few guns in the backyard for when the government takes the ones from your home. Maybe this will start a run on the burial tubes?

[MaryB]

That judge needs to be removed. He violated the guys rights without just cause if the story is accurate.

[winchester85]

several years back I was assaulted by a neighbor. a neighbor that I had tried to have prosecuted for trespassing on several occasions. He had been telling lies about me for years, ever since the first time I tried to have him prosecuted when I found him crawling out from under my locked gate. He had stolen from me and many others. I had a friend at the sheriff's department, if not, he would never have been charged for the assault. He admitted to it on video twice.
I tried to get a restraining order against him. He then applied to get one against me. The judge ordered ME to turn over all my guns AND ammo PENDING the hearing! No such order was given in relation to him. I was the victim of a FELONY assault and was ordered to turn in my guns! I had to drop my request for a restraining order to get his request dropped. He plead guilty to 3rd degree misdemeanor assault, the same judge gave him NO jail, NO fines, NO probation, only court costs and $1500 restitution (my health insurance deductible).
I would not be surprised to find that in this case in Arizona, that the man whose guns were taken, was not the problem.

My neighbors have been telling lies about me long enough that now everyone believes them. 9 years ago I talked with my attorney about how to counter the lies. It would have cost a lot of money, friends convinced me not to waste the energy on it. I wish I had put a stop to it then.

[TXGunNut]

Scary situation indeed.

[xs11jack]

Starmac, it is getting to be that gun friendly areas are only as good as a judge's jurisdiction. Arizona has fewer bad judges and law enforcement dept's that most.
Ole Jack

[starmac]

Starmac, it is getting to be that gun friendly areas are only as good as a judge's jurisdiction. Arizona has fewer bad judges and law enforcement dept's that most.
Ole Jack
I totally understand that, but like always we are reading his side of the story too. If a judge actually did this in Arizona for no more reason than what I read, I think he has a very good chance of tearing them up in court. I have worked some in that part of the country, and don't see a judge lasting too long pulling this kind of junk for no reason.

[osteodoc08]

Don't even get me started on the "justice" system. It is just beauracracy at its "finest". Anyone can make a claim, or counterclaim that can cost thousands of dollars to defend. My ex is a perfect example of using the court system as her personal playground of torture for me knowing full well it costs me thousands to defend to only have the claim thrown out last minute. Dang sick I stories like this. These judges need to grow some cajones and put a stop to all this foolishness.

[SSGOldfart]

I'll just be quite.
Me too

[Elkins45]

Why is it that we accept the media reporting as accurate in a case like this? Did any of you believe that the media stories coming out of Ferguson were accurate? Of course not, so why give them the benefit of the doubt here?

The actual set of circumstances may be 180° from what is being reported.

[1Shirt]

With Holder in office, I question if we have a justice system anymore!
1Shirt!

[dragon813gt]

I believe everything the media reports. They are on our side and do a fantastic job of getting the facts straight every single time.

[Dave18]

when people can lie, and the system allows people to lie, try casa, court appointed special advocates, these turkeys get involved in every divorce this is in Indiana, had the casa, and ex soninlaw, fill out restraining paperwork of how I threatened them at gunpoint, ect, yet, I was never there at quote incidents and luckily had people around to prove I was somewhere else at quote time ect, judge luckily called a hearing, instead of blindly following, like what was normally done, someone in the system that knew me, convinced the judge otherwise, to have a hearing, (that's all I got told when things were over with) and as always the lawyer I had knew the judge too, along with the witnesses everything fell apart for ex soninlaw and casa dipstick, and to top it off the casa turkey was a gun dealer, go figure:| I could rant for hours, but judge did award me a judgement against them, but then on, have never kept all my stuff in one place

[Taylor]

It is my understanding that going after guns back door like that is becoming more and more prevalent. I know for sure it is happening in the county I live in.


Sometimes I just can't be quite--but Davidson?

[DR Owl Creek]

... Anyone can make a claim, or counterclaim that can cost thousands of dollars to defend. My ex is a perfect example of using the court system as her personal playground of torture for me knowing full well it costs me thousands to defend to only have the claim thrown out last minute. ...


Bingo!!!


Dave

[Artful]

https://www.youtube.com/watch?v=BmIcP2dS-bk

https://www.saf.org/?p=6129


ARIZONA NAVY VET GETS GUNS BACK, THANKS SAF (https://www.saf.org/?p=6129)11 May 2015 | News & Releases (https://www.saf.org/?cat=9)
BELLEVUE, WA – A retired Navy veteran in Arizona whose gun collection had been seized by Glendale police now has his firearms back, the Second Amendment Foundation revealed today.

SAF had intervened in the case of Glendale resident Rick Bailey early last month, taking on funding of the case and working with Chandler, Ariz., attorney Marc J. Victor. Bailey’s case had fired up Second

Amendment activists across the country after police confiscated 28 firearms valued at more than $25,000, which Bailey had collected over more than a decade.

Bailey was generous in his praise of SAF’s intervention, noting, “I want to thank Alan Gottlieb and the Second Amendment Foundation for all the help in getting my firearms returned.”

SAF founder and Executive Vice President Alan Gottlieb said he was honored to have been able to step in with support for what he called a “worthy effort on behalf of a deserving veteran.”

Bailey had complained to the City of Glendale about a neighbor’s habit of parking dump trucks used in his landscaping company. The dispute unfolded over several months until Bailey called police over concerns of toxic chemical odors apparently coming from the neighbor’s property. The neighbor apparently alleged that Bailey had threatened him, and the following day, he obtained a harassment order against Bailey.

“Mr. Bailey had been devastated by incident,” Gottlieb explained. “This all started because of a dispute with a neighbor that got way out of hand. Nobody should have their life turned upside down, and their property seized, because of an allegation that should have been thoroughly investigated.

“I want to credit attorney Marc Victor for his work in this legal action,” he added. “He was on top of this case, and SAF was delighted to help out with funding.”

“Now that Rick Bailey has his firearms back,” Gottlieb observed, “perhaps his dignity can also be restored. This kind of silly season story should never happen in real life.”

[Boolit_Head]

Looks like the SAF got involved and he got his guns back.

https://www.saf.org/?p=6129


OOps I now see it's a double post.
(https://www.saf.org/?p=6129)

[dilly]

SAF does good work.

[KCSO]

Where have you all been? I have posted and posted about protection orders. This is the misdemeanour or even just an allegation that MANDATES L/E into taking away your guns.

Once again, I had a female file a bogus P/O against her ex just before deer season so we would have to take his guns away...she confessed that it was the meanest thing she could think of to do to him, It took him a YEAR to get his guns back a collection that was valued at over 50,000!

[StolzerandSons]

I hear all the time on this forum how a few bad cops don't represent the entire force but I have to ask where was the officer(s) that are standing up for the right of this citizen...from what I read, it didn't mention anywhere in any of these stories about the Officer(s) who stood up to their brothers in blue and said regardless of what the judge says this is unconstituional and I can't allow you to take his firearms in violation of his constituionally protected rights.

Where were the good cops while the bad ones were taking his guns?

Wake up people they will come get your guns and they will do it in violation of the constitution, it is happening nearly every day in this country.

[Greg S]

When your in a situation like this sometimes you just need to smiles and think outside the box. Trail cams, video or something as simple as purchasing a second/third vehicle and parking it in front of your house can avoid the situation. Granted, it costs money but it is also assets/easy to dispose of. If there is no space in front of your house, dirtbag can't use it as a company p/lot. Folks seem to eager to call the man when disputes errupt and ultimately cost you or both money and add to the aggrevation.

[shoot-n-lead]

It is a bad deal, for sure.

But, it is standard procedure here in Ga for guns to be confiscated when a protective order is filed.

[oldblinddog]

Sometimes I just can't be quiet--but Davidson?

There, fixed it for you.

[winchester85]

i am in that exact position right now, my rights have been taken away PENDING review by the judge on the 20th of this month.

[paul h]

I have no idea what the specifics of that case are, but as my wife is an attorney I am privy to the reality of what happens in our "justice" system. The government regularly oversteps what they are legally allowed and empowered to do. The trouble is, there really is no form of checks and balances and as the judges move to a more liberal big government mindset that will only get worse.

[dtknowles]

I am not pointing fingers here but it could be karmatic blow back when you get a protective order placed on your person. Normally the person who files the order is closely associated with the person they file against. If a person is careful with whom they associate, this kind of thing does not happen. Sort of like a divorce, if you are careful about who you marry, you probably won't need a divorce.

Tim

[MaryB]

So much simpler to stay single... I was to busy between work, fishing, hunting to settle down. And I am the type that prefers peace and quiet like a still morning when you are the only boat on the lake! Mist rising, loons waking and calling, noises from people waking in cabins off in the distance... splash of fish and a mug of hot chocolate while I trolled for walleye...