Florida AG: No proof by the state required to strip your gun rights... - Survivalist Forum
Survivalist Forum

Advertise Here

Go Back   Survivalist Forum > >
Articles Classifieds Donations Gallery Groups Links Store Survival Files


Notices

Firearms General Discussion Rifles, pistols, shotguns, scopes, grips and everything in between.

Advertise Here
Reply
 
Thread Tools Display Modes
Old 09-28-2019, 10:15 AM
Israel Putnam's Avatar
Israel Putnam Israel Putnam is offline
Survivor
 
Join Date: Oct 2014
Location: W. Central PA
Posts: 7,704
Thanks: 4,342
Thanked 12,184 Times in 4,918 Posts
Default Florida AG: No proof by the state required to strip your gun rights...



Advertise Here

https://www.ammoland.com/2019/09/fl-...#axzz60pQKL3c7

Florida AG Ashley Moody seems to be just another in the line of politicians hellbent on stripping citizens of their Due Process rights.

Some excerpts from the article:

Quote:
In a pending legal case of LEONARDO LYNCH v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT the Florida Attorny General Ashley Moody argued that the Florida Department Of Law Enforcement does not have to provide any evidence or proof and should not be questioned when it denies anyone their right to purchase firearms.
Quote:
Mr Lynch is an Active Duty U.S. Navy Sailor stationed in Florida who FDLE has denied the right to purchase a firearm based solely on an unproven NICS flag placed by the State of New York.
Quote:
The Court should accept FDLE’s statement that a person is prohibited from purchasing firearms without any evidence to support FDLE’s claim.
Quote:
FDLE can allege that a person is prohibited from purchasing firearms and is not required to offer any evidence that the purchaser is prohibited.
Quote:
FDLE has full discretion as to whether a purchase denial is final, and the courts have no authority to require FDLE to issue a final decision, even almost a year later.

Yeah, take the guns first (or not allow them in the first place), due process later (Oops, no due process later) seems to be catching on...

Oh, she's a Republican BTW...
Quick reply to this message
Old 09-28-2019, 10:43 AM
JBryan314's Avatar
JBryan314 JBryan314 is offline
Nationalist, Combat Vet
 
Join Date: Dec 2012
Location: Florida Panhandle
Age: 33
Posts: 11,973
Thanks: 16,989
Thanked 46,273 Times in 9,702 Posts
Default

Of course she is a Republican. That’s pretty much how they are.

She’s also a woman, and that’s pretty much they are too.
__________________
Read my content at www.FreeAmericanNational.blogspot.com and www.AmericanPartisan.org.
Quick reply to this message
The Following 9 Users Say Thank You to JBryan314 For This Useful Post:
Old 09-28-2019, 10:45 AM
Jlrhiner's Avatar
Jlrhiner Jlrhiner is offline
Curmudgeon
 
Join Date: Nov 2012
Location: Arnold, Missouri
Age: 61
Posts: 1,267
Thanks: 2,423
Thanked 2,997 Times in 893 Posts
Default

Thats her opinion. It doesn't mean the Judge is going to agree with her.
Quick reply to this message
The Following 3 Users Say Thank You to Jlrhiner For This Useful Post:
Sponsored Links
Advertisement
 
Old 09-28-2019, 10:46 AM
Revmgt Revmgt is offline
Survivor
 
Join Date: Jul 2013
Location: South florida
Posts: 5,202
Thanks: 8,749
Thanked 14,193 Times in 3,815 Posts
Default

I think it’s incumbent upon gun owners to stop saying “it’ll never happen”, because it can. We should take every statement made as sincere.
If a person was threatened in the street with bodily harm they’d probably take it seriously, and should. Someone just saying they want to take your guns indicates their desire to do so, that means if they get the opportunity that’s what they’re going to do. That’s a serious threat, and the more people say it’ll never happen the more it lulls people back to sleep.

There is an orchestrated and concerted effort to disarm all American citizens, disarm them of all their guns, not just “assault rifles”, and that effort will never stop.
Incrementalism
First background checks, then registration, then bump stocks, then red flag laws... on and on. They’re moving the ball forward constantly and some people still say it’ll never happen. Well guess what, it’s actually in the process of happening right now, and it has been for years.
Quick reply to this message
Old 09-28-2019, 10:49 AM
tedlovesjeeps71's Avatar
tedlovesjeeps71 tedlovesjeeps71 is offline
Survivor
 
Join Date: Feb 2015
Posts: 14,509
Thanks: 10,498
Thanked 38,239 Times in 11,444 Posts
Default

Quote:
Originally Posted by Jlrhiner View Post
Thats her opinion. It doesn't mean the Judge is going to agree with her.


Time will tell. I don’t have much faith in either our politicians nor our judicial people.
Hope I’m wrong.
Quick reply to this message
The Following 11 Users Say Thank You to tedlovesjeeps71 For This Useful Post:
Old 09-28-2019, 11:57 AM
Hick Industries's Avatar
Hick Industries Hick Industries is online now
Live Secret, Live Happy
 
Join Date: Apr 2009
Location: Eastern Oklahoma
Posts: 14,242
Thanks: 17,668
Thanked 34,670 Times in 9,720 Posts
Default

Quote:
Originally Posted by Israel Putnam View Post
https://www.ammoland.com/2019/09/fl-...#axzz60pQKL3c7

Florida AG Ashley Moody seems to be just another in the line of politicians hellbent on stripping citizens of their Due Process rights.

Some excerpts from the article:

Yeah, take the guns first (or not allow them in the first place), due process later (Oops, no due process later) seems to be catching on...

Oh, she's a Republican BTW...
The USSC better stomp this quickly. Removing a persons civil rights without due process, without a court hearing, without evidence, even without first hand testimony. This will rapidly become the death of the Republic.

Btw, when the US population looses faith in the Republican form of government (not talking the Republican party) the alternative will not be a democracy.
If the Republic dies, the most likely option is Empire. An Empire means no voting, no representation, no civil rights at all.
Quick reply to this message
The Following 11 Users Say Thank You to Hick Industries For This Useful Post:
Old 09-28-2019, 12:02 PM
Pitbull_Dallas's Avatar
Pitbull_Dallas Pitbull_Dallas is online now
Survivor
 
Join Date: May 2015
Posts: 9,852
Thanks: 11,326
Thanked 28,844 Times in 7,534 Posts
Default

Where's Pam Bondi when you need her. That AG couldn't be more wrong when She says the courts have no say. I think she's gonna lose that argument and thus the case..
Quick reply to this message
The Following 3 Users Say Thank You to Pitbull_Dallas For This Useful Post:
Old 09-28-2019, 12:14 PM
Jack Swilling's Avatar
Jack Swilling Jack Swilling is online now
VIP Member
 
Join Date: Nov 2017
Location: Ozarks
Posts: 3,022
Thanks: 4,872
Thanked 6,868 Times in 2,158 Posts
Default

The Florida AG is taking the position that the buyer has to clear his NICS flag. The state will not just ignore it. It is the State of New York that put the flag on the buyer. Seems like the buyer got screwed, but, no surprise, the thread is super-stupid.
The proper title of this thread should be, State of Florida Requires Prospective Gun Buyer to Clear His NICS Flag
Buyer was instructed to clear it up
I prefer no background checks, just like the good old days
State of Florida did nothing wrong
If the NICS is mistaken, there is a remedy for that.
Buyer, unfortunately, is required to fix the NICS problem if it is false or in error.
Has nothing to do with the republican party. Putz logic, wrong again.
If you take the time to find out the facts, read the briefs, it clarifies what is happening.
Quick reply to this message
The Following 8 Users Say Thank You to Jack Swilling For This Useful Post:
Old 09-28-2019, 12:22 PM
A_SonofLiberty's Avatar
A_SonofLiberty A_SonofLiberty is offline
Gone Fishing
 
Join Date: Sep 2014
Location: Sitting on the dock of the bay
Posts: 3,100
Thanks: 12,326
Thanked 10,578 Times in 2,517 Posts
Default

Florida is definitely swinging towards dhimmirat.
Quick reply to this message
The Following 7 Users Say Thank You to A_SonofLiberty For This Useful Post:
Old 09-28-2019, 03:26 PM
Israel Putnam's Avatar
Israel Putnam Israel Putnam is offline
Survivor
 
Join Date: Oct 2014
Location: W. Central PA
Posts: 7,704
Thanks: 4,342
Thanked 12,184 Times in 4,918 Posts
Default

How childish does one have to be to change someone’s user name to create an insult?

I’d ask but the poster is probably ironing his sheet for the meeting later.
Quick reply to this message
Old 09-28-2019, 03:27 PM
Israel Putnam's Avatar
Israel Putnam Israel Putnam is offline
Survivor
 
Join Date: Oct 2014
Location: W. Central PA
Posts: 7,704
Thanks: 4,342
Thanked 12,184 Times in 4,918 Posts
Default

And that she’s a Republican does mean something, it shows that one party shouldn’t be trusted over another when it comes to due process and firearm rights.

You’d think a brilliant legal mind would see that...
Quick reply to this message
The Following 3 Users Say Thank You to Israel Putnam For This Useful Post:
Old 09-28-2019, 04:58 PM
AK103K's Avatar
AK103K AK103K is offline
Survivor
 
Join Date: Sep 2015
Posts: 6,531
Thanks: 6,463
Thanked 10,852 Times in 4,404 Posts
Default

Quote:
Originally Posted by Israel Putnam View Post
And that she’s a Republican does mean something, it shows that one party shouldn’t be trusted over another when it comes to due process and firearm rights.

You’d think a brilliant legal mind would see that...
There is only one party. It has two radical halves, and both are nuttier than the fruitcake they have been passing back and forth since they got together to run things.

Now, if we could only get people to realize that, and vote "for America", for ourselves, we might get somewhere.

I doubt the crips and bloods will give it up that easy though.
Quick reply to this message
The Following 6 Users Say Thank You to AK103K For This Useful Post:
Old 09-28-2019, 06:10 PM
barnetmill's Avatar
barnetmill barnetmill is online now
Survivor
 
Join Date: Jan 2009
Location: Western part of FL Panhandle
Posts: 2,580
Thanks: 6,792
Thanked 2,335 Times in 1,313 Posts
Default ‘Assault weapon’ ban goes before Florida Supreme Court

At least give her credit where it is due and I do live in FL:

There is a constitutional amendment to ban any semiauto shoulder arm that can fire more than ten shots including .22 RF that use a tubular magaine.
Quote:
That language is “clearly and conclusively defective,” Moody argued in a July 26 petition to the Supreme Court to block the measure from being on the ballot.

Moody said BAWN’s proposal would ask voters to outlaw the possession of virtually every semi-automatic long-barreled firearm, including shotguns and rifles, as “assault weapons.”

In her petition, Moody said “voters will not be able to understand the true meaning and ramifications of the proposed amendment, making the ballot language clearly and conclusively defective.”
https://www.thecentersquare.com/flor...18a4ce412.html Moody
https://bloximages.newyork1.vip.town...ze=1674%2C1238
Quick reply to this message
The Following 4 Users Say Thank You to barnetmill For This Useful Post:
Old 09-28-2019, 06:20 PM
PatrioticAmerican's Avatar
PatrioticAmerican PatrioticAmerican is offline
Hunter
 
Join Date: May 2015
Location: Castle Rock, CO
Age: 59
Posts: 1,179
Thanks: 2,172
Thanked 2,684 Times in 785 Posts
Default

There was women's suffrage for a reason.
Quick reply to this message
The Following User Says Thank You to PatrioticAmerican For This Useful Post:
Old 09-28-2019, 07:33 PM
roseman roseman is online now
NRA Life 1971
 
Join Date: Mar 2014
Location: CT
Posts: 6,922
Thanks: 7,976
Thanked 12,467 Times in 5,564 Posts
Default

How did she pass.
Quick reply to this message
The Following User Says Thank You to roseman For This Useful Post:
Old 09-28-2019, 11:31 PM
leadcounsel's Avatar
leadcounsel leadcounsel is offline
Comic, not your lawyer!
 
Join Date: Dec 2012
Posts: 10,442
Thanks: 23,773
Thanked 32,197 Times in 7,780 Posts
Default

So I scanned the underlying case. https://www.scribd.com/document/4277...nse#from_embed

In summary, the state will now deny your 2A rights ("...shall not be infringed.") based upon a failed UnConstitutional background check which is essentially proving your innocence to exercise a right (violating 4A, 5A, 6A) regardless if that report is correct. Then the burden is on the person to chase down the government to correct the report (violating due process in various ways, and property rights because none of this is free so it is a back-door taking).

What's the problem???!!!

I read the case, and I think that the AG should be disbarred. The arguments and positions taken are so offensive to the Constitution that no lawyer should be allowed to practice taking such offensive positions.

If you'd like to report this disgraceful lawyer to the Florida state bar, it's easy and free. https://www.floridabar.org/public/acap/
Quick reply to this message
The Following 12 Users Say Thank You to leadcounsel For This Useful Post:
Old 09-29-2019, 10:10 AM
Israel Putnam's Avatar
Israel Putnam Israel Putnam is offline
Survivor
 
Join Date: Oct 2014
Location: W. Central PA
Posts: 7,704
Thanks: 4,342
Thanked 12,184 Times in 4,918 Posts
Default

Quote:
Originally Posted by leadcounsel View Post
So I scanned the underlying case. https://www.scribd.com/document/4277...nse#from_embed

In summary, the state will now deny your 2A rights ("...shall not be infringed.") based upon a failed UnConstitutional background check which is essentially proving your innocence to exercise a right (violating 4A, 5A, 6A) regardless if that report is correct. Then the burden is on the person to chase down the government to correct the report (violating due process in various ways, and property rights because none of this is free so it is a back-door taking).

What's the problem???!!!

I read the case, and I think that the AG should be disbarred. The arguments and positions taken are so offensive to the Constitution that no lawyer should be allowed to practice taking such offensive positions.

If you'd like to report this disgraceful lawyer to the Florida state bar, it's easy and free. https://www.floridabar.org/public/acap/
Our resident drunk klansman disagrees with you?

I’m no lawyer, never claimed to be, but I can read.
I agree with your assessment.

I know here in PA there have been people that have been denied.
I’ve personally conducted their PICS (PA uses background checks as a money making scheme by having their own system based on NICS) checks.
I am not informed why they are denied at the time or ever unless the person shares it later.
I give them a challenge form which is basically them sending in a paper claiming there was a mistake.
The PSP then sends them a reason which they can agree with or challenge.
Sometimes they are cleared after the form is submitted and a further check is done.

I have dealt with two people who have been flagged in another state.
States that created their own rules making certain offenses prohibiting.
These offenses are not prohibiting as far as the feds are concerned but the state still flags them.
IIRC (it’s been a while since this has happened) one was a former MA resident “caught” with an “illegal” banned firearm or magazines.

Using the challenge form he was cleared.

He didn’t have to go to MA and try to clear his “record”.
PA did this for him, they obtained his “record” and determined that his “crime” in MA was not a prohibiting offense and he was cleared in PA.
I don’t know if this cleared his entire NICS background but it did clear him here.
Quick reply to this message
The Following 2 Users Say Thank You to Israel Putnam For This Useful Post:
Old 09-29-2019, 10:33 AM
Jack Swilling's Avatar
Jack Swilling Jack Swilling is online now
VIP Member
 
Join Date: Nov 2017
Location: Ozarks
Posts: 3,022
Thanks: 4,872
Thanked 6,868 Times in 2,158 Posts
Default

Quote:
Originally Posted by leadcounsel View Post
So I scanned the underlying case. https://www.scribd.com/document/4277...nse#from_embed

In summary, the state will now deny your 2A rights ("...shall not be infringed.") based upon a failed UnConstitutional background check which is essentially proving your innocence to exercise a right (violating 4A, 5A, 6A) regardless if that report is correct. Then the burden is on the person to chase down the government to correct the report (violating due process in various ways, and property rights because none of this is free so it is a back-door taking).

What's the problem???!!!

I read the case, and I think that the AG should be disbarred. The arguments and positions taken are so offensive to the Constitution that no lawyer should be allowed to practice taking such offensive positions.

If you'd like to report this disgraceful lawyer to the Florida state bar, it's easy and free. https://www.floridabar.org/public/acap/
Exactly what I said.

But, you leave out, the State of NY F'Up
also, it appears the FBI deserves recrimination

What government agency carries your water and fills out forms or initiates challanges for you?????

I agree dude got broom-handled
But how is this a republican issue ??????
It sucks, but if you are checked by the FBI NICS due to the State of New York and FBI,
How is that the fault of either the State of Florida or their AG ?????

The AG will never be disbarred over this
Why not keep it real ??????

Putz + I Am A Lawyer License Plate Frame Guy = fail
No big suprise

"Our resident drunk klansman disagrees with you?"
Yes I do
Quick reply to this message
Old 09-29-2019, 10:45 AM
Jack Swilling's Avatar
Jack Swilling Jack Swilling is online now
VIP Member
 
Join Date: Nov 2017
Location: Ozarks
Posts: 3,022
Thanks: 4,872
Thanked 6,868 Times in 2,158 Posts
Default

Quote:
Originally Posted by leadcounsel View Post
So I scanned the underlying case. https://www.scribd.com/document/4277...nse#from_embed

In summary, the state will now deny your 2A rights ("...shall not be infringed.") based upon a failed UnConstitutional background check which is essentially proving your innocence to exercise a right (violating 4A, 5A, 6A) regardless if that report is correct. Then the burden is on the person to chase down the government to correct the report (violating due process in various ways, and property rights because none of this is free so it is a back-door taking).

What's the problem???!!!


I read the case, and I think that the AG should be disbarred. The arguments and positions taken are so offensive to the Constitution that no lawyer should be allowed to practice taking such offensive positions.

If you'd like to report this disgraceful lawyer to the Florida state bar, it's easy and free. https://www.floridabar.org/public/acap/
So, you filed an amicus brief ??????
Right?????
Sure this sucks, but you must have gone to match-book law school if you think the AG should be disbarred.
Remember when you were in law school?
"Bad facts, make bad law."
They say that in Con-Law.
You heard that.

Bad posts make stupid threads.
Reflexive nonsense posts.

I have been admitted to the United States Supreme Court for over 30 years.
Mommy was changing your diapers at that time
Quick reply to this message
Old 09-29-2019, 10:57 AM
Israel Putnam's Avatar
Israel Putnam Israel Putnam is offline
Survivor
 
Join Date: Oct 2014
Location: W. Central PA
Posts: 7,704
Thanks: 4,342
Thanked 12,184 Times in 4,918 Posts
Default

I guess it takes a license plate frame lawyer to understand that in Florida it is law that the state is supposed to prove that the flag is valid and that the AG is claiming otherwise leaving people out to dry.

If SCOTUS allows such drunk bigots into the then court I’ve really lost all faith in the system.
Quick reply to this message
The Following User Says Thank You to Israel Putnam For This Useful Post:
Reply

Bookmarks



Quick Reply
Message:
Options

Register Now

In order to be able to post messages on the Survivalist Forum forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.
User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.
Password:
Confirm Password:
Email Address
Please enter a valid email address for yourself.
Email Address:
Gender
Insurance
Please select your insurance company (Optional)

Log-in

Human Verification

In order to verify that you are a human and not a spam bot, please enter the answer into the following box below based on the instructions contained in the graphic.



Thread Tools
Display Modes

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 09:39 AM.


Powered by vBulletin®
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
Search Engine Optimisation provided by DragonByte SEO (Lite) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.
Copyright © Kevin Felts 2006 - 2015,
Green theme by http://www.themesbydesign.net