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 [email protected]
02 D Thomas 919-733-6275 [email protected]
03 D Jenkins 919-715-3040 [email protected]
04 D Holloman 919-715-3032 [email protected]
05 D Moore 919-733-5953 [email protected]
06 D Hargett 919-715-3034 [email protected]
07 D Kerr 919-733-5621 [email protected]
08 D Soles 919-733-5963 [email protected]
09 R Ballantine 919-715-2525 [email protected]
10 D Albertson 919-733-5705 [email protected]
11 D Swindell 919-733-5655 [email protected]
12 R Smith 919-733-5850 [email protected]
13 D Weinstein 919-733-5651 [email protected]
14 D Malone 919-715-8363 [email protected]
15 R Carrington 919-733-5653 [email protected]
16 D Reeves 919-715-6400 [email protected]
17 R Stevens 919-715-3030 [email protected]
18 D Gulley 919-715-3036 [email protected]
19 D Rand 919-733-9892 [email protected]
20 D Lucas 919-733-4599 [email protected]
21 D Shaw 919-733-9349 [email protected]
22 R Blake 919-733-4809 [email protected]
23 D Kinnaird 919-733-5804 [email protected]
24 R Webster 919-733-5745 [email protected]
25 D Purcell 919-715-0690 [email protected]
26 R Berger 919-733-7659 [email protected]
27 D Hagan 919-733-5856 [email protected]
28 D Dorsett 919-715-3042 [email protected]
29 R Tillman 919-733-5870 [email protected]
30 R Garwood 919-733-5742 [email protected]
31 R Horton 919-733-7850 [email protected]
32 D Garrou 919-733-5620 [email protected]
33 R Bingham 919-733-5665 [email protected]
34 R Brock 919-715-3050 [email protected]
35 R Shubert 919-733-5739 [email protected]
36 R Hartsell 919-733-7223 [email protected]
37 D Clodfelter 919-715-8331 [email protected]
38 D Dannelly 919-733-5955 [email protected]
39 R Rucho 919-733-5650 [email protected]
40 R Pittenger 919-733-5707 [email protected]
41 R Sloan 919-715-0706 [email protected]
42 R Forrester 919-733-5708 [email protected]
43 D Hoyle 919-733-5734 [email protected]
44 R Allran 919-733-5876 [email protected]
45 R Foxx 919-733-5743 [email protected]
46 D Dalton 919-715-3038 [email protected]
47 D Queen 919-733-3460 [email protected]
48 R Apodaca 919-733-5880 [email protected]
49 D Metcalf 919-715-8361 [email protected]
50 R Carpenter 919-733-5875 [email protected]
-- 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 [email protected]
02 D Thomas 919-733-6275 [email protected]
03 D Jenkins 919-715-3040 [email protected]
04 D Holloman 919-715-3032 [email protected]
05 D Moore 919-733-5953 [email protected]
06 D Hargett 919-715-3034 [email protected]
07 D Kerr 919-733-5621 [email protected]
08 D Soles 919-733-5963 [email protected]
09 R Ballantine 919-715-2525 [email protected]
10 D Albertson 919-733-5705 [email protected]
11 D Swindell 919-733-5655 [email protected]
12 R Smith 919-733-5850 [email protected]
13 D Weinstein 919-733-5651 [email protected]
14 D Malone 919-715-8363 [email protected]
15 R Carrington 919-733-5653 [email protected]
16 D Reeves 919-715-6400 [email protected]
17 R Stevens 919-715-3030 [email protected]
18 D Gulley 919-715-3036 [email protected]
19 D Rand 919-733-9892 [email protected]
20 D Lucas 919-733-4599 [email protected]
21 D Shaw 919-733-9349 [email protected]
22 R Blake 919-733-4809 [email protected]
23 D Kinnaird 919-733-5804 [email protected]
24 R Webster 919-733-5745 [email protected]
25 D Purcell 919-715-0690 [email protected]
26 R Berger 919-733-7659 [email protected]
27 D Hagan 919-733-5856 [email protected]
28 D Dorsett 919-715-3042 [email protected]
29 R Tillman 919-733-5870 [email protected]
30 R Garwood 919-733-5742 [email protected]
31 R Horton 919-733-7850 [email protected]
32 D Garrou 919-733-5620 [email protected]
33 R Bingham 919-733-5665 [email protected]
34 R Brock 919-715-3050 [email protected]
35 R Shubert 919-733-5739 [email protected]
36 R Hartsell 919-733-7223 [email protected]
37 D Clodfelter 919-715-8331 [email protected]
38 D Dannelly 919-733-5955 [email protected]
39 R Rucho 919-733-5650 [email protected]
40 R Pittenger 919-733-5707 [email protected]
41 R Sloan 919-715-0706 [email protected]
42 R Forrester 919-733-5708 [email protected]
43 D Hoyle 919-733-5734 [email protected]
44 R Allran 919-733-5876 [email protected]
45 R Foxx 919-733-5743 [email protected]
46 D Dalton 919-715-3038 [email protected]
47 D Queen 919-733-3460 [email protected]
48 R Apodaca 919-733-5880 [email protected]
49 D Metcalf 919-715-8361 [email protected]
50 R Carpenter 919-733-5875 [email protected]
