A judge has stripped a disabled veteran of his Second Amendment rights because of unsubstantiated allegations made by a neighbor.
Even though he has not been convicted of a crime, Rick Bailey, 56, had all 28 of his guns confiscated by police and has lost his right to buy firearms.
“I was totally devastated,” Bailey said of the day officers came to take his guns. “I couldn’t believe something like this could happen. I had a 3-hour anxiety-slash-panic attack while officers were there and after they left. They wanted to call an ambulance.”
Officers came to Bailey’s home March 17 in Glendale, Arizona — a Phoenix suburb – to enforce a court order called an “injunction against harassment.” On the order an unidentified city court judge wrote, “Def (defendant) shall not have/buy firearms, surrender any to Glendale PD,” The Blaze reported.
The order was issued after a neighbor told police that Bailey had threatened to shoot him. Bailey has not been charged with any crime and was not given a chance to appeal or contest the order before police came to his home.
Feud with Neighbor Led to Gun Confiscation
Bailey told The Blaze that he had been feuding with the unidentified neighbor for months. He was apparently upset because the neighbor parked dump trucks in his driveway.
Bailey eventually filed a complaint with the city of Glendale that prompted authorities to remove the trucks and other equipment. He contends that the neighbor ignored the order and kept storing vehicles and equipment used in a landscaping business on Bailey’s property.
On March 16, the day before the injunction was issued, Bailey had called police because he thought he smelled toxic chemicals coming from the neighbor’s home.
“The smell got so bad, I had to come back to my patio and use my inhaler — so I called the police to see if anything could be done,” Bailey told The Blaze. The neighbor apparently told the police about the alleged death threats when officers approached him about the chemicals.
Bailey denies making any threats. The Blaze reported that court documents say that Bailey had threatened to stuff the neighbor in his dump truck. The neighbor also says Bailey threatened to shoot him – an allegation Bailey denies. Bailey says he is disabled and physically incapable of harming anyone.
The court order will be in force for one year, Glendale Police spokesman Sergeant David Vidaure told The Blaze. During that period, Bailey cannot own, use or buy firearms. When the order expires, Bailey’s guns could be returned.
Bailey said he is disabled because of an accident that occurred while he was serving in the Navy. He is a retired software engineer.
Bailey plans to hire an attorney and challenge the court order. A Go Fund Me account was set up to raise $5,000 for Bailey’s legal defense.
Restraining Orders Threaten Second Amendment
Arizona is not the only state where judges can order gun confiscations and restrict Second Amendment rights with a court order. On Sept. 30, California Governor Jerry Brown signed Assembly Bill 1014, as Off The Grid News previously reported.
That law gives judges the power to issue restraining orders that would prevent people from possessing guns for 21 days at the recommendation of a doctor or psychologist. The law also allows for the confiscation of weapons from individuals at the recommendation of a psychologist.
The lesson? Depending on where you live, be careful what you say to neighbors.
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