permit holder for seven years can I carry if order of protection against me???

[strickj]

I showed them the letter and the lady who went by and inspected the property went nuts. She said I carried a gun and was dangerous and the lady had done nothing wrong, etc.

So is it the people your suing saying this or codes?And why did the Lady inspecting the property go nuts?

[Guest kwikrnu]

So is it the people your suing saying this or codes?And why did the Lady inspecting the property go nuts?

The codes lady said this. I reported what I believed to be violations on the 2nd. The inspector goes out there and talks to the lady. I guess they are soul sisters because when I went back to codes on the 3rd I get this, "you are dangerous and you have no right to report codes violations." According to the OofP the codes lady also feels threatened. The lady(who filed the OPagainst me) told codes lady all she does is take phone calls at the house and then flies out all over the world to repair computers. I'm like calm down I'm just reporting what I think are violations. If I was the bad guy she says I am why am I not in jail? Besides why are you taking sides?

Basically, I'm going to get satisfaction through the courts and through the bureaucracy.

Edited April 18, 2008 by kwikrnu

[Marswolf]

It is really a good idea to get an attorney. Yes they are expensive, but you may end up in front of judge smart-ass if you represent yourself. Would you like to appear before Judge Judy? Many judges are much worse. Attorneys can often head off problems.

You could end up with a permanent protection injunction against you that will prevent not only carry, but buying any more guns. You will need an attorney later to get that reascended. Pay now or pay later. BTW, they will be more expensive later.

Meantime, you may pack until they rescind your permit.

[Guest kwikrnu]

It is really a good idea to get an attorney. Yes they are expensive, but you may end up in front of judge smart-ass if you represent yourself. Would you like to appear before Judge Judy? Many judges are much worse. Attorneys can often head off problems.

You could end up with a permanent protection injunction against you that will prevent not only carry, but buying any more guns. You will need an attorney later to get that reascended. Pay now or pay later. BTW, they will be more expensive later.

Meantime, you may pack until they rescind your permit.

I'm pretty sure the max is five years. You are right about buying and carrying a gun though.

[Fallguy]

OK... And Im not trying to be a smartazz, just posting what everyone else is probably thinking.

1. If your firearm had been concealed she wouldnt have seen your gun. That can be a threat by intimidation if you made the wrong move while wearing the firearm.

2. When suing someone, let the Sheriffs office serve any paperwork, thats the reason they do these things to keep the plaintiffs out of the middle.

3. I bet if you try and buy a gun between now and the hearing you will be denied.

All IMHO!

Actually I didn't think any of those things...but never been accused of thinking like everyone else.

1. No law against Open Carry in TN. Simply carrying openly is not a threatening move. IMO short of actually gripping or placing your hand on the gun, especially if it was in the open, would seem threatening...to me.

2. The sheriff's dept does serve civil papers, but it is a real low priority for many of them. Otherwise there wouldn't be such things as "civil process servers" If you want it served quickly your best bet is to do it yourself or hire a civil process server.

3. Probably right on that one....however that doesn't necessarily directly affect his HCP status.

[Guest Phantom6]

It is really a good idea to get an attorney. Yes they are expensive, but you may end up in front of judge smart-ass if you represent yourself. Would you like to appear before Judge Judy? Many judges are much worse. Attorneys can often head off problems.

I really have to agree with Mars on this one. Waiting to hire an atty. for an appellate case is not something I would EVER consider. Kill this thing now at the circuit court level while it will only cost you $500- $1000 for the atty and they (your adversary) can pay all the costs involved when the atty successfully defends you on this apparantly bum rap. Appellate cases cost money. Most attorneys charge more for them and you can bet your guns the court sure does. Believe me when I tell you this, between business and personal cases I've been in court a number of times over the last 35 years and the only time I showed up without an attorney was one of the few times I have ever lost a case and also was the last time I did so. I blew what should have been a "slam-dunk" case because I figured I couldn't lose but did not know enough about the law to side-step a landmine or trap laid out by the opposing atty. IMHO attorneys aren't worth a damn and are little more than thieves and hustlers....... unless they are working for you. Then they are generally worth every damned Penney.

If my right to own and carry firearms was in jeopardy I sure as heck would have an atty. .....but, that's just me.

[Marswolf]

That's the thing. You don't know enough about the eccentricities, and personal favors, of the law to win.

Get a lawyer. I'd suggest an older lawyer.

I might win without a lawyer, but then again I know the law and also at my age, the judge is probably a personal friend....

Edited April 18, 2008 by Marswolf

[EMTRN]

Before you guys feel sorry for this guy, you should go to glocktalk and read his post in the "coptalk" section. In this post he is seeking info on if he can sue the SHERIFF'S DEPUTY that served him with the order of protection because he has "no trespassing" signs posted on his property. I lost all sympathy for him at that point and I think other LEO's and many of the members on this board might feel the same.

[Guest kwikrnu]

Before you guys feel sorry for this guy, you should go to glocktalk and read his post in the "coptalk" section. In this post he is seeking info on if he can sue the SHERIFF'S DEPUTY that served him with the order of protection because he has "no trespassing" signs posted on his property. I lost all sympathy for him at that point and I think other LEO's and many of the members on this board might feel the same.

#1 That is an inaccurate statement. I asked if a deputy was on duty when he served papers.

#2 Why would I sue the deputy who served me the civil process? I went down to the sheriffs dept this morning and signed them there.

#3 I never asked for sympathy.

Edited April 19, 2008 by kwikrnu

[EMTRN]

Um, did you think he was doing it on his day off for fun?

[Guest kwikrnu]

Um, did you think he was doing it on his day off for fun?

I don't know. If I knew the answer I wouldn't of asked the question.

[ZenDog]

Get a lawyer.

Once I represented myself- It ended up costing me about 3 years of time (not incarcerated, just in going through the courts) and about $100,000 in income. I was trying to save money by representing myself and not paying an attorney $2500. Was that smart or what?

I don't like paying lawyers anymore than I like paying plumbers. But if I don't know what I am doing, paying a lawyer (or plumber) is usually cheaper than me doing it myself.

[Rightwinger]

It did not matter if he was on or off duty. The only thing neccessary was that he be of legal age in the State of TN to serve the papers. You should have asked him how old he was?

To many people have watched to much TV and think they know how to avoid service. When I have served supoenas on folks, they have tried to say I didn't "touch" them with it as a defense to not show up. Once I have identified them "are you Sum Beech?" and they say yes, all I have to do is state that these papers are ordering you to appear and you are served.

[Guest kwikrnu]

I have sued people several times in general sessions. I have won 3 times and lost once. All have property damage cases. The case I lost I appealed to circuit court and they settled for more than I was asking in general sessions...but I had an attorney handle the appeal.

I did consult one attorney this afternoon.

Marty Kooperman, he has been doing this awhile maybe 26 years. $600.

I'll decide what I want to do this weekend. Like was said earlier judges vary. I could get a judge who is against guns and this could go bad or a judge who wants a higher standard of proof. Who knows.

[EMTRN]

I agree with you rightwinger. I don't know why someone would even worry about whether an officer is on-duty while serving papers, and then talk about his no-trespassing signs.

Did the deputy have his hat on?

[Guest kwikrnu]

It did not matter if he was on or off duty. The only thing neccessary was that he be of legal age in the State of TN to serve the papers. You should have asked him how old he was?

To many people have watched to much TV and think they know how to avoid service. When I have served supoenas on folks, they have tried to say I didn't "touch" them with it as a defense to not show up. Once I have identified them "are you Sum Beech?" and they say yes, all I have to do is state that these papers are ordering you to appear and you are served.

When did I say anything about avoiding service? If I waned to avoid service I could have done it. I was at soccer last night when the deputy came and left the note. I called this morning and told them I was coming down to the sheriffs office to sign for the service and find out why I was being served.

Coincidence she files an order of protection the day after I file a law suit against her friend who may live with her.

[Guest kwikrnu]

I agree with you rightwinger. I don't know why someone would even worry about whether an officer is on-duty while serving papers, and then talk about his no-trespassing signs.

Did the deputy have his hat on?

I am tired of people trespassing on my property that is why I asked the question.

NO, the deputy from whom I accepted the papers didn't have her hat on.

[Guest bulletproof]

Er....why would a deputy not be on duty when serving papers?

:rofl::rofl:

[Guest kwikrnu]

Er....why would a deputy not be on duty when serving papers?

:rofl::rofl:

It was a simple question. You have never asked a question before?

[Rightwinger]

No tresspass means just that, tresspass. Any person with a valid reason to approach your residence can do so. I could have served you those papers and you could not sue me per TN law. I had an obligation to approach your residence just as you had a reason and right to approach the person your suing. You, just as that person can then inform the other person that they are on private property and you (or they) wish you to leave. As stated before, I would say you are served and exit the area. The meter reader will note your KWs used and leave, etc etc ad nauseum.

Dude, this Everest you've built over the mouse turd general sessions law suit is amazing. Calm down, get with Marty and get it taken care of. Hire a PI to serve your papers next time (it will be around 100.00 bucks if they have to find an address)

The majority isn't always right but with what you've stirred up on Glocktalk and here, you have to admit your not winning any hearts and minds. Please don't represent yourself in front of a judge on this.

Have a better day tomorrow (I got soccer all day too)

I'm out.

[Guest bulletproof]

When did I say anything about avoiding service? If I waned to avoid service I could have done it. I was at soccer last night when the deputy came and left the note. I called this morning and told them I was coming down to the sheriffs office to sign for the service and find out why I was being served.

Coincidence she files an order of protection the day after I file a law suit against her friend who may live with her.

And don't forget you tried to report them to Codes which probably got them a little miffed too.

I'm outta here.

[TripleDigitRide]

I'm really anxious to hear exactly what these people did for you to create all this BS over.

[Guest jackdog]

I have sued people several times in general sessions. I have won 3 times and lost once. All have property damage cases. The case I lost I appealed to circuit court and they settled for more than I was asking in general sessions...but I had an attorney handle the appeal.

Item one get a lawyer

Item 2. You state that you have sued four other people, Is this your main source of income, or does everybody go out of there way to screw you. Not trying to pass judgement on you but four law suits seems pretty excessive from where I sit.

[Guest kwikrnu]

Item one get a lawyer

Item 2. You state that you have sued four other people, Is this your main source of income, or does everybody go out of there way to screw you. Not trying to pass judgement on you but four law suits seems pretty excessive from where I sit.

#1 I was rear ended while waiting in line at an emmisions testing center.

#2 rear ended in a parking lot.

#3 Car was damged and contents were stolen while car was parked after service in the crown ford parking lot.

#4 Side swiped.

So, what is excessive? Irresponsible people need to be sued.

[Mike.357]

I can't see paying a lawyer to get it done.

I don't think impersonating an officer and threatening is going to stick

Just because YOU can't see or don't think something does not mean it isn't so.

I think you are foolish if you do not hire the best attorney your money can buy. Google Lautenberg Laws.

Whatever a lawyer costs you will be money well spent. And in the long run you will be glad you did it.

Four civil suits? I am 50 years old and have never sued anyone. I think they are all out to get you.

Edited April 19, 2008 by Mike.357