Evidently Child Abuse registries are much like restraining orders, due process is unnecessary to be listed. Many people do not realize how many rights are disrupted without requiring your presence in court. Merely being charged with a felony permanently disrupts your ability to purchase firearms. Well permanently unless you’re willing to pay money to the ATF and FBI. I was unable to purchase firearms due to a NICS black list for a year after the charges were dropped. I was not convicted of a felony, the charges were dropped, the State of Washington even returned the firearm I had in my possession the day of the accident, yet I could NOT purchase a firearm. That NICS hold did not even require my being found guilty in court, it was automatic. To this day that blip on my record still causes issues. I receive a week hold when purchasing firearms others can walk out with immediately. I’m delayed in background checks for other materials, such as when I got checked out to work for Joe. Once your name is placed onto any list, it is difficult if not impossible to remove. If you can remove it, they extort you for money.
It ends up that someone getting a restraining order also results in limited rights for the target without due process. If rights of an individual are going to be limited, substantial evidence along with due process is required. Some people may feel I’m being too harsh, but if you are so afraid of your Ex that you feel you need a restraining order and their rights should be limited, you need to be willing to go to court and testify in front of them. You also need to have evidence to show that your fear is well founded. No person’s rights should be violated, much less without due process. If you feel differently so be it, however I would like to point out the Fifth Amendment says otherwise (emphasis is mine):
No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property,without due process of law; nor shall private property be taken for public use, without just compensation.
While all these things are done with an effort to do good things, rarely do I ever see any real good come out of them. Restraining orders are often abused as well and used as a revenge tactic because of their hampering ability. For some it’s a way to “get even”. More often than not I hear about honest hard working people caught in the middle. Furthermore, if you’re that afraid of your Ex, I highly doubt a restraining order is really going to do it. I would suggest instead getting a hold of myself, Joe, Laurel, anyone in the gun community and ask, “Can you teach me to shoot and defend myself.” I do not know of anyone who would not take the opportunity to teach and help. The wonder of the freedoms we have in this country come with responsibility, if you don’t want the responsibility, you will inherit the risks that go with it. Because of that fact, any law that attempts to solve a “problem” and violates due process and hampers and infringes on the rights of law abiding citizens is not acceptable and not a solution.
Barron is the owner, editor, and principal author at The Minuteman, a competitive shooter, and staff member for Boomershoot. Even in his free time he’s merging his love and knowledge of computers and technology with his love of firearms.
He has a BS in electrical engineering from Washington State University. Immediately after college he went into work on embedded software and hardware for use in critical infrastructure. This included cryptographic communications equipment as well as command and control devices that were using that communications equipment. Since then he’s worked on just about everything ranging from toys, phones, other critical infrastructure, and even desktop applications. Doing everything from hardware system design, to software architecture, to actually writing software that makes your athletic band do its thing.