Ohio Supreme Court is going to act; Rules to Seize Guns

Discussion of Firearm Politics & Legislation. This forum is now strictly limited to discussions directly related to firearms.

Moderators: Chuck, Mustang380gal, Coordinators, Moderators

User avatar
WY_Not
OFCC Patron Member
OFCC Patron Member
Posts: 2435
Joined: Wed May 02, 2007 10:15 pm
Location: Miami County, OH
Contact:

Re: Ohio Supreme Court is going to act; Rules to Seize Guns

Post by WY_Not »

Right, as long as the individual is not a prohibited person then their property should be returned to them when the order expires. If a judgement is later put into effect after the order expires then the property can be collected again.

If as a result of the proceedings they become a prohibited person but the property was not involved in the crime then it should go to a chosen proxy to be sold/disposed of. If they were a prohibited person before the fact then I can see the LEO being allowed to dispose of said property.
JediSkipdogg wrote:
WY_Not wrote:Separate issue I suppose... But, if the protection order ends then unless the owner is a prohibited person then they shouldn't have to ask for their property back, shouldn't have to beg the court to tell the LEOs to return what is theirs. That should be a given; anything else is just plain thievery.
I can unfortunately see it both ways. Keep in mind there are many types of protection orders. The issue comes in why it was issued and does a subsequent court case that was tied along with it overrule the reason it was issued. All protection orders have time limits on them and they do expire. The ones that "stick" generally expire and are then replaced with a judgement, something law enforcement may not have easy access to.
Learn how Project Appleseed is supporting freedom through Marksmanship and Heritage clinics.
Samuel Adams wrote:If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen.
User avatar
schmieg
OFCC Coordinator
OFCC Coordinator
Posts: 5751
Joined: Mon Jul 04, 2005 11:11 pm
Location: Madeira, Ohio

Re: Ohio Supreme Court is going to act; Rules to Seize Guns

Post by schmieg »

WY_Not wrote:Right, as long as the individual is not a prohibited person then their property should be returned to them when the order expires. If a judgement is later put into effect after the order expires then the property can be collected again.

If as a result of the proceedings they become a prohibited person but the property was not involved in the crime then it should go to a chosen proxy to be sold/disposed of. If they were a prohibited person before the fact then I can see the LEO being allowed to dispose of said property.
Good suggestion for the legislature to do something about that.
-- Mike

"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." - Ayn Rand
Post Reply