Eileen Hart objected to a state re-evaluation of her property value that would drastically increase her tax rates
She read the Constitution at a tax dispute forum and called one of the appraisers a “pencil-pusher”
One of tax officials called 911 saying Hart threatened to return with a gun, but she unequivocally denies the claim
Hart was charged with making “terroristic threats” and told that if she didn’t turn over her weapons, her bail would be prohibitively high and it was unclear how long she would have to remain in jail
I am not a lawyer. This is NOT legal advice.! Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
It seems to me that one of the basic tenets of the document in question is "Innocent until proven guilty" but she has to turn in her guns, before a trial to determine her guilt or innocence, in order to avoid a "prohibitively high" bail?
So besides seizing her property without proper warrant: IE the Fourth Amendment "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Then they are violating her Eight Amendment rights: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
Which SCOTUS has held: "In Furman v. Georgia, 408 U.S. 238 (1972), Justice Brennan wrote, "There are, then, four principles by which we may determine whether a particular punishment is 'cruel and unusual'."
The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity," especially torture.
"A severe punishment that is obviously inflicted in wholly arbitrary fashion."
"A severe punishment that is clearly and totally rejected throughout society."
"A severe punishment that is patently unnecessary."
I went through something resembling this when I fought a re-evaluation in my little town back in the 80s. My evaluation was significantly higher than my neighbor's with the same house, which had some specific improvements that my house didn't. The town building inspector was a former friend, whose wife (a closer friend) had lived with us for a while when she was in the process of leaving him (a whole 'nother story) and that earned me his everlasting enmity.
Somebody filed a report with the police - or called them - and said that she made threats to use a gun. How is it that the person who made the claim (I can only assume that they were false, based on everything that I've heard and read) is not charged with filing a false report? I thought that in most places if you make a false statement to the police about somebody, that itself is an offense and you go to jail - or at least are fined for it. What am I missing here?
As an aside, isn't this also a GREAT example of how our FIRST Amendment rights are being taken away. Say something that somebody doesn't like and get the cuffs slapped on you, guns confiscated, legal costs, etc., etc.
A gun is like a parachute. If you need one, and don't have one, you'll probably never need one again.
This is New Jersey. This is what New England has become. I read stuff like this, and like the story in the other thread about colorado voters trying to confront their representatives, and I KNOW beyond any shadow of a doubt that we are trapped on the train to political violence, and liberals are driving the train. It's a trainwreck in the making, and like any other trainwreck, it is impossible not to watch it, and impossible not to feel powerless to prevent it any longer. No wonder these people hate guns. They're scared to death that we'll actually insist that the Constitution be followed. In all my 60 years, I have never seen the country as close to rebellion as it is today.......and it isn't conservatives or libertarians who are stimulating that spirit of rebellion, it is the fascists on the left, because they just don't know when to back off.
That's what they are. Fascist dictatorial monsters. They cannot be redeemed, and they do not believe in a Constitutional Republic. The blood will be on their heads because their train has no brakes and the tracks they're on lead right over the edge of a cliff.
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”
The Annoyed Man wrote:This is New Jersey. This is what New England has become. I read stuff like this, and like the story in the other thread about colorado voters trying to confront their representatives, and I KNOW beyond any shadow of a doubt that we are trapped on the train to political violence, and liberals are driving the train. It's a trainwreck in the making, and like any other trainwreck, it is impossible not to watch it, and impossible not to feel powerless to prevent it any longer. No wonder these people hate guns. They're scared to death that we'll actually insist that the Constitution be followed. In all my 60 years, I have never seen the country as close to rebellion as it is today.......and it isn't conservatives or libertarians who are stimulating that spirit of rebellion, it is the fascists on the left, because they just don't know when to back off.
That's what they are. Fascist dictatorial monsters. They cannot be redeemed, and they do not believe in a Constitutional Republic. The blood will be on their heads because their train has no brakes and the tracks they're on lead right over the edge of a cliff.
In the end, they will lose, and I am optimistic without bloodshed.
Wait a minute! Gov. Christie is a staunch conservative republican! The Fox News talking heads love him! This must be more propaganda from the leftist progressive media!
The GOP will save us!
Anygunanywhere
"When democracy turns to tyranny, the armed citizen still gets to vote." Mike Vanderboegh
"The Smallest Minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." – Ayn Rand
anygunanywhere wrote:Wait a minute! Gov. Christie is a staunch conservative republican! The Fox News talking heads love him! This must be more propaganda from the leftist progressive media!
anygunanywhere wrote:Wait a minute! Gov. Christie is a staunch conservative republican! The Fox News talking heads love him! This must be more propaganda from the leftist progressive media!
The GOP will save us!
Anygunanywhere
I knew this was coming.
Am I that predictable?
Fun, ain't it?
Anygunanywhere
"When democracy turns to tyranny, the armed citizen still gets to vote." Mike Vanderboegh
"The Smallest Minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." – Ayn Rand
I will not have any interaction with the government or an agent of the government that is not documented.
Failing that, seems like this was a public meeting with other members of the public present as witnesses. Shouldn't be too hard for the police to find out the real story.
The Annoyed Man wrote:This is New Jersey. This is what New England has become. I read stuff like this, and like the story in the other thread about colorado voters trying to confront their representatives, and I KNOW beyond any shadow of a doubt that we are trapped on the train to political violence, and liberals are driving the train. It's a trainwreck in the making, and like any other trainwreck, it is impossible not to watch it, and impossible not to feel powerless to prevent it any longer. No wonder these people hate guns. They're scared to death that we'll actually insist that the Constitution be followed. In all my 60 years, I have never seen the country as close to rebellion as it is today.......and it isn't conservatives or libertarians who are stimulating that spirit of rebellion, it is the fascists on the left, because they just don't know when to back off.
That's what they are. Fascist dictatorial monsters. They cannot be redeemed, and they do not believe in a Constitutional Republic. The blood will be on their heads because their train has no brakes and the tracks they're on lead right over the edge of a cliff.
Talk about not backing off....I was reading 2002 issue of the American Rifleman while waiting for an oil change and there was article about what the antis were pushing --same players, same push as today. The AWB was still in effect, but there were the same calls for regulation of private sales and registration.
"Journalism, n. A job for people who flunked out of STEM courses, enjoy making up stories, and have no detectable integrity or morals."
The Annoyed Man wrote:This is New Jersey. This is what New England has become. I read stuff like this, and like the story in the other thread about colorado voters trying to confront their representatives, and I KNOW beyond any shadow of a doubt that we are trapped on the train to political violence, and liberals are driving the train. It's a trainwreck in the making, and like any other trainwreck, it is impossible not to watch it, and impossible not to feel powerless to prevent it any longer. No wonder these people hate guns. They're scared to death that we'll actually insist that the Constitution be followed. In all my 60 years, I have never seen the country as close to rebellion as it is today.......and it isn't conservatives or libertarians who are stimulating that spirit of rebellion, it is the fascists on the left, because they just don't know when to back off.
That's what they are. Fascist dictatorial monsters. They cannot be redeemed, and they do not believe in a Constitutional Republic. The blood will be on their heads because their train has no brakes and the tracks they're on lead right over the edge of a cliff.
Talk about not backing off....I was reading 2002 issue of the American Rifleman while waiting for an oil change and there was article about what the antis were pushing --same players, same push as today. The AWB was still in effect, but there were the same calls for regulation of private sales and registration.
These players have been there all along, nipping at gun owners heels. The big difference today is they have played the sympathy card post Newtown and gotten many who before were neutral swayed over to the anti-side by their emotions and not their brains. This shift in the spectrum makes for a dangerous play because there are many of those who have been swayed in postitions of voting to take away our rights.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
