I Stood My Ground

[BallisticGuy]

No f**king comment....

This interests me!

 

[Shadowrider]

That would be Doug Friesen. If you're a serious gun aficionado, his counter-assault on the BATFE should be required reading.


The Law Offices of Doug Friesen, P.C.

1309 North Shartel Avenue
Oklahoma City, Oklahoma 73103
Office (405) 239-2722
Fax (405) 235-2453

THE Case: United States of America, Plaintiff-Appellant, v. Larry Douglas Friesen, Defendant-Appellee., 853 F.2d 816 (10th Cir. 1988)

Federal Circuits

Docket Number: 88-1189

Reporting Judge: 97 A.L.R.Fed. 647

http://www.examiner.com/article/why-atf-folded-friesen-case

I read the entire court transcript at least the part that I found online. I think they have his testimony and that statistician that audited the ATF's registry online. It was riveting! It's so freaking awesome to see someone who is being railroaded hand them their ass! And make no mistake they were trying to lock him up for nothing. Doug Friesen is a standup guy for sure. Stories like this are going to make me pay his retainer yet!

 

[AKguy1985]

Messed up

 

[Cinaet]

One more reason to keep your mouth shut about your guns.

 

[BIG_MIKE2005]

It is absolutely insane how much some agencies will try to over-reach their powers without just cause. And then when questioned or refused the honest citizen is suddenly the criminal. They are too used to the ignorant masses who do not know or understand their rights. Those types would have just blindly let them search the entire house & invade their families privacy without just cause or proper documentation allowing it by law. Just watch, this will slowly become a reoccurring event across the country, more so in heavy anti-gun states. The wheels are turning & they wont stop until forced to stop.

 

[n2sooners]

More info on the story

In an exclusive interview with TheBlaze, Mr. Nappen - the attorney who was listening to the entire incident via Moore’s speaker phone - added more details:

The DYFS worker repeatedly demanded access to the house and for Moore to open his safe where the firearms were stored. She said that the guns should be catalogued and checked to make certain they were “properly registered.” (NJ does not require registration, it is voluntary.)
The four police officers acted professionally, they were there at the request of DYFS.
The worker refused to identify herself. Mr. Moore demanded that she giver her name. She refused and ran away.
As of Tuesday morning, Mr. Nappen believes that DYFS is still pushing for an inspection, “which is not happening.”

Mr. Nappen also shared few very important facts about this case. For instance, Shawn Moore holds three very significant firearms designations:

NRA Certified Firearms Instructor – One of the toughest certifications to attain, requiring skills with the weapons as well as teaching.
NRA Certified Range Safety Instructor
NJ State Certified Firearms Hunting Instructor

Shawn’s son is also someone who has been certified by the state of New Jersey. In order for a person under the age of 18 to go hunting in New Jersey, they must be accompanied by a parent or adult supervisor, and they must also pass a state firearms hunter safety test. The young Mr. Moore passed the test and his father was NOT his instructor.

Full Story

 

[Michael Brown]

We have discussed this issue (DHS calls) extensively at work and have come to the conclusion that most DHS workers just aren't familiar with the limits of their authority and most, while not malicious, have only a passing similarity to uniform standards as to what is acceptable based on Oklahoma statute.

One of the other significant conversations we had at in-service was the limits of exigent searches.

For the peace of mind of those in Tulsa, it would seem that there was universal agreement on the court-approved exigencies and no one appeared to be interested in pushing the bounderies.

There are exceptions to every rule, but I am confident that those who work for me, or around me, understand the limits of their authority.

While I applaud the homeowner in this case for asserting his rights, I would caution anyone here about:

1) Posting it on the internet without first vetting it with your attorney.

2) Do not relinquish your rights but do NOT attempt to make witty comments while doing so. POLITELY request names, credentials, and badge numbers and do not be confrontational when taking photos or making recordings i.e. do not stick a phone in someone's face. Being polite doesn't make you less of a man in the face of unwarranted intrusion, but the bottom line is you win in court, not on the front porch. Don't make things more difficult by being rude or confrontational while asserting your rights.

This advice is worth what you paid for it.

Michael Brown

 

[Caliyanks]

Maybe I should just call my attorney and ask him what I'm allowed to do today. This stuff is getting beyond ridiculous. The man can't even enjoy and share a family moment. You'd think he was preparing the kid for war.

 

[Arin Morris]

You'd think he was preparing the kid for war.

May be more truth to this than you think.

 

[criticalbass]

It could be that the jackboots were just itching to trample on someone's rights, but my guess would be that there is some kind of custody dispute (or other family disagreement) going on here. There may be more to the story than what is on that forum. I don't know about NJ or Del. or anywhere else, but many times DHS is called in with some kind of phony complaint against the other parent to boost a custody/support claim. It is sick, but happens all the time. That would also explain why he has an attorney on speed dial. But, whatever is going on, that should be a lesson to not post pics of your kids or any real personal information on social media.

Normally I am most suspicious of this sort of thing, but I suspect if you read this (gigantic) thread, you'll see some good indicators that this family hasn't had any contact with the child protective folks.

As to having an attorney on speed dial, I'll bet lots of OSA folks do too. I certainly do, simply because it's good business.

http://deloc.org/forums/viewtopic.php?f=13&t=8175

"you win in court, not on the front porch" Michael Brown's comment is worthy of a sig line.