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Activist Judges

by , Posted to on 09/08/2009 10:48 PM | "Quote" | "Quick Reply" |

Joined: 02/28/2002
Location: ND
I was reading the court reports in the Jamestown paper and found something rather interesting.  A few judges from this district (one in particular) have a habit of sentencing every defendant that comes before them that they lose thier right to own or posses a fire arm.  DUI - lose your guns.  Driving under suspension - lose your guns.  Write a bad check - lose your guns.  Even something as minor as fishing without a licesene - lose your guns.  Every defendant, every time - they lose thier right to own or posses thier guns.  I know this is a standard punishment for someone convicted of a serious felony involving violence or someone convicted of a domestic assault, but since when was the law meant to apply to minor infractions?  Is this even legal?  Who the he** do these judges think they are, and more importantly when are they up for re-election?  I see this as nothing les than anti-gun activist judges ramming thier beliefs down our throats even if it violates the very law they are sworn to uphold.  I know one thing for sure - I will NEVER plead guilty to anything in this judicial district.  I will demand a trial and I will make sure to call Uncle Ted and let him know what is going on here and see what he can do to help out.
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Re: Activist Judges
by on 09/08/2009 11:47 PM | Reply #1 | "Quote" | "Quick Reply" |

Joined: 05/23/2002
Location: ND
I thought you were goofy so I looked it up myself.  You weren't messing with us.  What the heck is going on down there?

It was more than one judge.  Fishing without a license and you lose your right to own or possess a firearm?  I might understand it for assault or something violent but this seems way out there.

Some of the sentences had no jail time and included a fine.  So how long is the firearm ban?  Until the fine is paid?  Forever?

You are closer to this.  Let us know if you get more information.
Re: Activist Judges
by on 09/09/2009 00:01 AM | Reply #2 | "Quote" | "Quick Reply" |

Joined: 02/28/2002
Location: ND
I've heard of this before.  Someone here on FBO got a DUI a couple of years ago in MN and lost thier gun "rights" for 5 years ------ For a first time DUI.  This is nuts and getting worse.  What's next - get a parking ticket and lost your guns for life?  Where does it end?  I actually did forsee this coming though.  When anyone convicted of a domestic assault lost thier guns, I knew that it wouldn't be long before more and more crimes were added to the list.  I know someone who got into a fight with his wife.  She slapped him first and he slapped her back.  Someone ended up calling the cops and the husband got arrested (FYI - in any domestic dispute, it doesn't matter who hits who. Anyone hits anybody and chances are 99% that it is the husband going to jail).  Ultimately the husband pled guilty under the terms of a plea agreement that he was offered.  The plea agreement stated that he recieve a deffered imposition of sentence for one year - no fine, no jail, no counseling, just stay out of trouble for one year.  After that year was up he went back into court and had the offense removed from his record (or so he thought it was removed).  Then the law got passed which took away your gun rights if you were convicted of a domestic assault.  The law was made retro-active - which by every legal standard is illegal in the first place.  Even though the guy's conviction had been removed from his record, the courts came back and took away his right to own a gun - for slapping his wife with an open hand after she had slapped him first.  I thought that was the dumbest thing I had ever heard of, but now I see people losing thier gun rights over very minor infractions.  The legislature isn't moving fast enough to take our guns, so the judges are taking it upon themselves to do it.  How long until election day?
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Re: Activist Judges
by on 09/09/2009 07:43 AM | Reply #3 | "Quote" | "Quick Reply" |

Joined: 05/23/2002
Location: ND
Sportsman,
It was Jig em up Josh that had the issue with the DUI and the gun / hunting rights.  That was totally different than what you are seeing in Jamestown.

Josh's deal was unfortunate but I understand what happened.  That was a Minnesota violation and the sentence included probation.  In Minnesota, the probation for that kind of offense would not have affected his rights to own and possess firearms.  It is also not unusual for Minnesota judges to include probation in their sentences.  His problem was that North Dakota doesn't make a distinction.  Probation is probation and you can't possess firearms.  Minnesota judges really don't care if their sentences cause trouble for North Dakota residents standing in front of their bench getting sentenced for violations of Minnesota law.

The stuff in Jamestown is pretty scary and we need to find out what is really going on there.
Re: Activist Judges
by on 09/09/2009 08:09 AM | Reply #4 | "Quote" | "Quick Reply" |

Joined: 05/24/2008
Location: Mo
 
Re: Activist Judges
by on 09/09/2009 11:13 AM | Reply #5 | "Quote" | "Quick Reply" |

Joined: 12/17/2003
Location: ND
Fishing without a license and loose your guns??????

Wow!!!!  Now that is ridiculous!!!!

Next thing they will do is take your guns if you get a speeding ticket!!!





Re: Activist Judges
by on 09/09/2009 11:24 AM | Reply #6 | "Quote" | "Quick Reply" |

Joined: 07/14/2003
Location: ND
Oh come on guys, we are just being right wing bigot racist conspirators.  No one is out to take your guns.  Don't worry about it...




 
Kirsch's Outdoor Products | Fargo, ND | 701-261-9017 koutdoorproducts.com
Risovi Taxidermy Studio | New Rockford, ND | 701-947-2048 risovitaxidermystudio.com
Jig-em-Up Guide Service | Grand Forks, ND | 701-739-9198 jig-em-up-guide-service.com

 
Re: Activist Judges
by on 09/09/2009 11:35 AM | Reply #7 | "Quote" | "Quick Reply" |

Joined: 05/23/2002
Location: ND
whitetailhunter Said:
Fishing without a license and loose your guns??????

Wow!!!!  Now that is ridiculous!!!!

Next thing they will do is take your guns if you get a speeding ticket!!!
It seems so crazy.  I read the court reports myself after Sportsman brought this up.

The only thing that might make any sense is if the gun thing is ONLY there to insure that the fine gets paid.  That would certainly incent people to get it behind them.

Like I said earlier, most of the stuff in the court reports did not include jail time.  Pay the fine and it is over.  None of the firearm restrictions referenced a specific time period.

Re: Activist Judges
by on 09/09/2009 11:45 AM | Reply #8 | "Quote" | "Quick Reply" |

Joined: 02/28/2008
Location: ND

Tim Sandstrom Said:
Oh come on guys, we are just being right wing bigot racist conspirators.  No one is out to take your guns.  Don't worry about it...


Yes Tim all these judges are liberal and are out to get your guns. Worry about it.
Re: Activist Judges
by on 09/09/2009 11:59 AM | Reply #9 | "Quote" | "Quick Reply" |

Joined: 07/14/2003
Location: ND
I didn't say that Marble.  What the point is, we should be concerned at all levels and raise the appropriate discussion.  Ignorning the smallest of instances is how things get out of control.  But when we do raise questions, we are often times, labeled...right wing bigot racist conspirators.




 
Kirsch's Outdoor Products | Fargo, ND | 701-261-9017 koutdoorproducts.com
Risovi Taxidermy Studio | New Rockford, ND | 701-947-2048 risovitaxidermystudio.com
Jig-em-Up Guide Service | Grand Forks, ND | 701-739-9198 jig-em-up-guide-service.com

 
Re: Activist Judges
by on 09/09/2009 12:00 PM | Reply #10 | "Quote" | "Quick Reply" |

Joined: 05/23/2002
Location: ND
Marbleyes Said:

Tim Sandstrom Said:
Oh come on guys, we are just being right wing bigot racist conspirators.  No one is out to take your guns.  Don't worry about it...


Yes Tim all these judges are liberal and are out to get your guns. Worry about it.
Dude, your sarcasm detector is busted or needs new batteries.

Re: Activist Judges
by on 09/09/2009 12:58 PM | Reply #11 | "Quote" | "Quick Reply" |

Joined: 10/31/2003
Location: ND
Farnorth Said:
Marbleyes Said:

Tim Sandstrom Said:
Oh come on guys, we are just being right wing bigot racist conspirators.  No one is out to take your guns.  Don't worry about it...


Yes Tim all these judges are liberal and are out to get your guns. Worry about it.
Dude, your sarcasm detector is busted or needs new batteries.


Yes, I think so too.

Yep, that was Jig-em-up-Josh who got nailed in April of 2004, I just turned 21 and thought I was "above the law" and made a terrible terrible mistake. I won't be able to hunt (including bowhunting) until May 23 2010, yes, that's 6 years.

If I had a dollar for every time somebody had some smart a$$ opinion of my situation like "there has to be more to the story," etc, I would have a buttload of dollars.

When the judge said "probation", I thought it was just unsupervised, meaning that you're good to go as long as you don't mess up. I was wrong. I paid BIGTIME for that mistake too.

I didn't know this was happening in our state though, that's too bad. I wish my wife would move to the mountains with me. Probably wouldn't be safe for long there either though.

Captain Josh Burgett

www.jig-em-up-guide-service.com

Re: Activist Judges
by on 09/09/2009 1:04 PM | Reply #12 | "Quote" | "Quick Reply" |

Joined: 02/28/2002
Location: ND
I am glad to see a few people fired up about this, but am HUGELY dissapointed that more people are not up in arms about this.  Just sitting back and not doing or saying anything about it is a sure fired way to make sure that it keeps happening.

Farnorth:  I guess Josh's case is different, but still is something that should be protested.  ND and MN have what is called an interstate violator compact which states that each state will recognize the other's laws, rules, probations, and also intent of the law.  The intent of the probation in MN apparantly is not to restrict gun ownership in any fashion, therefore ND should honor the intent of the probation and not try to lump him into our probation rules. He is not on probation from a law violation in our state.  He is on probation for a MN violation and the intent of the probation of the other state is what should be honored - not the letter of the law probation rules for our own state.  It is a HUGE injustice that the legislators, judges, and probation people should be falling all over themselves to correct, but nothing is done about it.  That is not justice.  That is just plain wrong (I could have called it a few more fitting terms but my post would have been deleted because of them).
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Re: Activist Judges
by on 09/09/2009 1:08 PM | Reply #13 | "Quote" | "Quick Reply" |

Joined: 07/14/2003
Location: ND
Farnorth,

While I was being sarcastic at a level I was more serious than anything.  But yeah, Marble took offense.  He and I enjoy each other's company on political talk.  Don't we marble? 




 
Kirsch's Outdoor Products | Fargo, ND | 701-261-9017 koutdoorproducts.com
Risovi Taxidermy Studio | New Rockford, ND | 701-947-2048 risovitaxidermystudio.com
Jig-em-Up Guide Service | Grand Forks, ND | 701-739-9198 jig-em-up-guide-service.com

 
Re: Activist Judges
by on 09/09/2009 1:41 PM | Reply #14 | "Quote" | "Quick Reply" |

Joined: 05/23/2002
Location: ND
Tim,
You were being sarcastic to make a serious point.  I got it.  I think marble might have missed it.  I was trying to point it out in a lighthearted manner.  We Ok there, dude?

Sportsman,
I remember Josh's case well because there was a lot of discussion about it.  I make no judgements about the circumstances.  Josh got a raw deal that I doubt anybody in the legal system anticipated.  Does it really surprise you that the wheels of justice are slow to do anything about it?  One person got hosed up by a technicality and probably suffered more because he was honest.  You know how the system works as well as anybody.

I'd really like to hear more about what is going on in Jamestown.  Keep us informed.
Re: Activist Judges
by on 09/09/2009 1:44 PM | Reply #15 | "Quote" | "Quick Reply" |

Joined: 11/15/2007
Location: ND
Remember Judge Greenwood when it is time to vote,  I know lots of times these judges run unopposed.  The gun possession/ownership add on must be getting added to the sentence of people who fight the charge in court.  You don't have to go in front of a judge for fishing without a license, do you?
Re: Activist Judges
by on 09/09/2009 2:16 PM | Reply #16 | "Quote" | "Quick Reply" |

Joined: 02/28/2008
Location: ND

Farnorth, I didn't miss a thing. I know exactly what tim was saying. After reading my post again I can get why you would take it that way. You caught tim's sarcasm, but missed mine appearantly. Oh well.

Tim, I didn't take offense at all. I was pointing out what I figured you were getting at (with exaggeration of course). Glad you could spot it. Appearantly your sarcasm detector is working but some others might need a tune up. We have had our political battles and will have more I am sure.  We both have conservative values, just different opinions on how to get where we want to be. Your a racist bigot. And I am just a bigot. (Sarcasm)

Re: Activist Judges
by on 09/09/2009 2:26 PM | Reply #17 | "Quote" | "Quick Reply" |

Joined: 11/30/2007
Location: ND
You don't have to go in front of a judge for fishing without a license, do you?
No, I have never heard of one going in front of a judge for that.
Buddy got busted fishing the red lake river last year w/o a license, thinkin it was the Red and got a hefty fine, (new to area) but didnt go see a judge.

Glad I don't live in Jamestown right now

Without Hunters, Wildlife Becomes Your Next Hood Ornament! 

Re: Activist Judges
by on 09/09/2009 2:29 PM | Reply #18 | "Quote" | "Quick Reply" |

Joined: 01/08/2004
Location: ND
Doesn't Judge Greenwood reside on Valley City? Maybe it is Paulson? Either way, yeah, make sure that putz doesn't get re-elected. Oh and just for the record, I went to school with sportsman, he is goofy. :>D
IT IS BETTER TO ASK FOR FORGIVENESS THAN ASK FOR PERMISSION!!!!!!!!!!!!!!!
Re: Activist Judges
by on 09/09/2009 2:43 PM | Reply #19 | "Quote" | "Quick Reply" |

Joined: 07/25/2007
Location: ND
geesh, this topic is making me feel stupid.  i can understand taking away ur hunting and fishing rights for a short period of time if caught without a fishing license.  but, not ur guns.  for some reason this doesn't feel right legally speaking.  but, i assume at least some of these folks have had competent defense attorneys that have researched the issue(s).  what kind of infractions are u guys referring to?  got a webpage?  any idea what laws are being used as a basis for the infringement of the 2nd? 
Re: Activist Judges
by on 09/09/2009 2:49 PM | Reply #20 | "Quote" | "Quick Reply" |

Joined: 11/15/2007
Location: ND

FISHING WITHOUT A

LICENSE

David Carl Geier, YOB 1973, Cooperstown, N.D., $100 fine, $125 criminal administration fee, $100 defense/facility administration fee, $25 victim-witness fee, three months deferred imposition, not possess or own firearms (Greenwood).

 

RECKLESS DRIVING

Rory William Roth, YOB 1960, Jamestown, $300 fine, $25 indigent defense application fee, $25 victim-witness fee, not possess or own firearms (Greenwood).

 

DRIVING WHILE

LICENSE PRIVILEGE IS

SUSPENDED

Rory William Roth, YOB 1960, Jamestown, $100 indigent recoupment, $125 criminal administration fee, $100 defense/facility administration fee, $25 victim-witness fee, four days, not possess or own firearms (Greenwood).

this is out of the Jamestown Sun,    Sept 5 Court Records

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Posted On: 09/08/2009 10:48 PM
826 Views, 26 Comments

Tags: judges, activist, defendant, something, district, one, jamestown, paper, found, reading
More Tags: Jamestown, Law_Crime
Region: North Dakota

Categories: Other > Politics
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