This post is out of order, but recent events force it to be so. This post was primarily intended to focus on Michael Roth's (of Quartzsite) unlawful Injunction Against Harassment, which even JP Judge Slaughter admitted was unlawful when she vacated it. However, this post serves as a basis for seeking a Federal Injunction against Arizona for Arizona's unconstitutional Injunction law.
There were several elements of Roth's Injunction which were invalid. But here we focus on the unlawful deprivation of a citizen's federal 2nd Amendment right (and Arizona's constitutional right, Art. II, § 26) to keep and bear arms, especially in the "defense of oneself." (The latter per Arizona.)
JP Judge Slaughter’s prohibition against Mr. Roth possessing firearms is unconstitutional. Specifically, an Injunction against Harassment is a civil matter. It is not a criminal matter as is an Order of Protection. Firearms can only be prohibited under an OOP, per Brady and the Violence Against Women Act. See A.R.S. §13-3602 G(4).
In contrast, Injunction law does NOT give a judge the right to prohibit firearms because Brady does not apply in an Injunction. The Legislature does not speak to firearms in Injunction law. (No mention of firearms in A.R.S. § 12-1809.) It is only an internal handbook of the AZ Supreme Court—which is not law—which claims a judge can prohibit firearm possession in a civil injunction. (See Rule 6, E e 2 on page 20 of the AZ Rules of Protective Order Procedure. But the handbook is wrong. In fact, it does not cite any lawful basis for its Rule (as it does for every other Rule) because there is no lawful basis for their Rule! This makes a prohibition against firearms a violation of the 2nd Amendment to the U.S. Constitution as well as Arizona’s Constitution. JP Slaughter deprived Mr. Roth a Constitutional right.
Note: A petition was filed in the Arizona Supreme Court’s public forum to correct this error in the ARPOP. But the State Bar fought it and the Activist Liberals on the Court denied the petition. A Federal Civil Right lawsuit suing the Justices and JP Slaughter is the only way to make the court obey the law and uphold the 2nd Amendment.
