AZ-Judge orders complete confiscation based on neighbor's complaint?

[mikelets456]

There has to be more to this story other than what's on this site...anyone have more info?


http://www.studentofthegunradio.com/...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

http://www.gofundme.com/pvtxkk

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 computer engineer until 2001, when he 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)

[customloaded]

I have not heard of this but as with any protection from abuse, firearms/weapons are to be turned in/confiscated...so confiscation doesn't surprise me at all.

Got to love big city life!

CL

[Carson]

I have not heard of this but as with any protection from abuse, firearms/weapons are to be turned in/confiscated...so confiscation doesn't surprise me at all.

Got to love big city life!

CL

Not sure about out there, but in Philadelphia, you can only get a Protection from Abuse Order if it is a Domestic situation, not just a neighbor dispute.

And with the PFA order you have a couple options before confiscation.

[customloaded]

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)

I am making my statement based on the article attached...I have highlighted the areas I am speaking of...

Protective order and weapons confiscation...apparently regardless of relationship status of the complainant and defendant.

CL

[Bang]

Lower courts hear accusations and denials with zero supporting evidence either way a lot.

With a liberal judge, it's not the evidence. It's the seriousness of the charge.

Judge thinks, "I don't know what if anything happened in the past, but I know what I can prevent in the future".

Err on the side of caution. Err on the seriousness of the charge.

If lying about being threatened is a less serious crime than if the threats occurred, the guns go.

[JenniferG]

Not enough information. One man's word against the other. Without proof of the threat the judge should have denied a protection from abuse order. Judges need to learn they should err on the side of freedom.

[John222]

Smells like a scam to me. I searched and found nothing other than what Mike posted. Maybe someone trying to crowd source some money.

[Deleted]

As for "there is more to the story"..... this is what Arizona says about who can get a protection order.

You may apply for and receive an Order of Protection if you meet the following requirements:

The defendant is:

Your spouse or your former spouse.
Your roommate or your former roommate.
The father or mother of your child or your unborn child.
A person that you were previously or are currently involved with either romantically or sexually.
Your parent, grandparent, brother, sister, child, or grandchild.
Your spouse's parent, grandparent, brother, sister, child or grandchild.

[YosemiteSam]

As for "there is more to the story"..... this is what Arizona says about who can get a protection order.

You may apply for and receive an Order of Protection if you meet the following requirements:

The defendant is:

Your spouse or your former spouse.
Your roommate or your former roommate.
The father or mother of your child or your unborn child.
A person that you were previously or are currently involved with either romantically or sexually.
Your parent, grandparent, brother, sister, child, or grandchild.
Your spouse's parent, grandparent, brother, sister, child or grandchild.

Help if you read the rest of the law.

http://www.superiorcourt.maricopa.go...Center/iah.asp

To obtain an Injunction Against Harassment: An Injunction Against Harassment is available if the conduct of any person is "harassment" as defined by Arizona law:

The defendant can be anyone, whether or not related to you.
The conduct can be any conduct which is harassment. Harassment is defined as a series of acts (at least two events) over any period of time that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys, or harasses the person and serves no legitimate purpose (A.R.S. 12-1809(R)).

Firearms: You may request that the judge order the Defendant not to possess, receive, or purchase firearms or ammunition.

[robert slabaugh]

Being as Glendale is a very conservative area, I would guess[only a guess now] that the gun owner may have somewhere crossed the line in dealing with his neighbor. Ever since my neighbor Jared Loughner shot Gabby Giffords, I would guess that folks are a little skittish about conflict.