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UT:Second Amendment Supporter Finally Prevails in Legal Fight Over Protective Order
Gun Watch ^ | 5 February, 2014 | Dean Weingarten

Posted on 02/04/2014 1:30:22 PM PST by marktwain

Clark Aposhian stands with his arm on his truck

Clark Aposhian, an outspoken second amendment supporter, was arrested  on domestic violence charges on May 27th, 2013.   At the time, I thought it was likely a false accusation.  As a prominent constitutional rights activist who ran a business teaching concealed carry courses, in the middle of a divorce, Aposhian was clearly at risk of being hit with a domestic violence restraining order.  Such an order would take away his second amendment rights for an indeterminate period, and divert enormous time, resources and energy away from his political battles, right when they were needed the most, in early 2013.

It was what has become a classic ploy in divorce cases ever since the ill conceived Lautenberg amendment was passed in the Clinton administration.

Now, a long and painful eight months later, Aposhian has been vindicated.    From the sltrib.com:
Third District Judge Andrew Stone denied a protective order request from Aposhian’s ex-wife, Natalie Meyer, last Tuesday and ruled the woman has no reason to fear the gun lobbyist.
There are three cases that have been pending against Aposhian, all stemming from one incident in which he showed up to pick up his 11 year old daughter in a 2.5 ton surplus military truck.  In June, he was ordered to surrender all of his firearms within 24 hours.  Aposhian's lawyer has always contended that the charges were false.  Now, eight months later, a judge has ruled that no protective order is justified.  It seems likely that Aposhian will be vindicated in the ongoing domestic abuse case stemming from the same incident.
Aposhian still faces misdemeanor domestic violence charges in Holladay Justice Court, but his attorneys hope Stone’s ruling, which states there was no abuse or criminal trespassing on the Meyers’ property, will help them in fighting that case.

"The court’s recent ruling clearly vindicates Mr. Aposhian," defense attorney Morgan Philpot said in a written statement provided to The Tribune. "Mr. Aposhian now looks forward to resuming the process of clearing up the residue of false allegations and returning to focus on his family and relationship with his daughter."
These sort of actions have become expected by men who own guns in divorce cases.   Lawyers know that they have a large lever to make the lives of the opposition miserable.   I have had a lawyer friend tell me of instances where unscrupulous men have used the amendment to disarm their former wives and girlfriends as well.

The anti-second amendment press in Salt Lake City has had a field day with the incident, using it to smear Aposhian and by association, all gun owners in Utah.  it has clearly limited Mr. Aposhian's effectiveness as a lobbyist during the last eight months.

The court ruling is not completely unexpected.

Stone pointed out that Meyer never mentioned any ongoing emotional or verbal abuse in her divorce filings.

The judge also wrote that despite having a mutual restraining order that instructed both Aposhian and Meyer to communicate strictly through email, Meyer elected to waive those protections "for some time," interacted with Aposhian in person and maintained a joint-custody arrangement with their daughter.
 The judge was careful to let Aposhian's ex-wife, Natalie Meyer, who was remarried and living with her new husband when the original incident occurred, down gently:
"The Court accepts Ms. Meyer’s testimony that she has found her interactions with Mr. Aposhian since her separation upsetting, intimidating and annoying," Stone wrote in his ruling. "That does not lead to a conclusion that they will escalate to violence."
The question is: how does Clark Aposhian get his reputation back?

  
©2013 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch


TOPICS: Business/Economy; Government; Politics; Society
KEYWORDS: aposhian; banglist; lautenberg; ut
Several attorneys have told me that the decks are stacked against me in protective order cases.
1 posted on 02/04/2014 1:30:22 PM PST by marktwain
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To: marktwain

They were having custody differences at the time of the incident.


2 posted on 02/04/2014 1:31:43 PM PST by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: marktwain
" ...in a 2.5 ton surplus military truck."

The Truck rocks....

3 posted on 02/04/2014 1:35:15 PM PST by Paladin2
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To: Paladin2

I looked into getting one. The surplus ones tend to be underpowered, and have a hard time going faster than 50 mph.


4 posted on 02/04/2014 1:37:51 PM PST by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: marktwain
"...have a hard time going faster than 50 mph."

Yabut, can you run it on single malt Scotch and push over trees?

5 posted on 02/04/2014 1:40:44 PM PST by Paladin2
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To: marktwain

Most, but not all, U.S. traffic, and family law courts are nothing more or less than Kangaroo Courts. Actually calling them Kangaroo Courts is being generous.


6 posted on 02/04/2014 1:57:39 PM PST by yarddog (Romans 8: verses 38 and 39. "For I am persuaded".)
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To: marktwain

I learned to drive in a not too dissimilar truck back in the 60’s. You could put it in creeper, and climb a cliff in it!


7 posted on 02/04/2014 1:58:28 PM PST by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: marktwain

In this case as in virtually ALL family court cases the man
lost....the man loses in 99.9% of these cases. Even when
the man WINS and the judge rules the wife’s claims are utter and complete bullshi*t the man still loses. He loses because he’s been robbed of his time, his dignity, his reputation and most of all THOUSANDS of dollars in legal fees. Fees that he will NEVER recover. This insanity is no
different from all the other abuses heaped on people by
the system, it will persist and expand until stopped by the
shedding of blood.....the blood of the abusers. In this case
the judicial pirates who oversee this travesty.


8 posted on 02/04/2014 2:03:45 PM PST by nvscanman
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To: Dr. Bogus Pachysandra

Yes. You can climb over a 3 foot vertical obstical. That is the military standard. Very impressive. They get about 5 miles per gallon. I am still thinking of getting one for a business that I am considering.


9 posted on 02/04/2014 2:04:10 PM PST by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: marktwain

I used to have an F-250 with a Borg Warner T-19 with a really low first gear. It also had a 460.

There was a mountain road in Western N.C. which was about as steep as one will ever see. It was just about a mile to the top or from the top to the pavement.

Out of curiosity, I one time climbed it and went back down without touching the brakes or accelerator. No real problems going up in first but it got a little exciting going down due to the rear wheels slipping.on the rocks.


10 posted on 02/04/2014 2:10:10 PM PST by yarddog (Romans 8: verses 38 and 39. "For I am persuaded".)
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To: marktwain

Decks are stacked against you ??

There are no decks to stack...you’re a man, you are always wrong, you are dangerous, and did I mention that you are always wrong.

When you accept that as fact, your life will get easier.


11 posted on 02/04/2014 2:15:55 PM PST by Ouderkirk (To the left, everything must evidence that this or that strand of leftist theory is true)
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To: marktwain

” I am still thinking of getting one for a business that I am considering.”
yeah. My Dad bought his surplus for his home building business. What was it called, a 6X6? Thing was a blast!


12 posted on 02/04/2014 2:30:55 PM PST by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: Ouderkirk

In other news, Frank Lautenberg sends his warmest regards from Hades.


13 posted on 02/04/2014 3:31:19 PM PST by TurboZamboni (Marx smelled bad and lived with his parents .)
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