Family’s Home Raided over Facebook Photo of Child’s Rifle

[bheadboy]

Family’s Home Raided over Facebook Photo of Child’s Rifle


Mar 19, 2013


By Todd Starnes

New Jersey police and Dept. of Children and Families officials raided the home of a firearms instructor and demanded to see his guns after he posted a Facebook photo of his 11-year-old son holding a rifle.

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“Someone called family services about the photo,” said Evan Nappen, an attorney representing Shawn Moore. “It led to an incredible, heavy-handed raid on his house. They wanted to see his gun safe, his guns and search his house. They even threatened to take his kids.”

Moore was not arrested or charged.


This is the Facebook photo that led to the police raid.

A Dept. of Children and Families spokesperson told Fox News they could not confirm or deny an investigation or raid had taken place due to government regulations.

“The department has a child abuse hotline for the state of New Jersey and anybody can make a call to that hotline,” spokesperson Kristen Brown said. “We are required to follow up on every single allegation that comes into the central registry.”

Moore, of Carneys Point, is a certified firearms instructor for the National Rifle Association, an NRA range safety officer and a New Jersey hunter education instructor.

He recently posted a photograph of his son wearing camouflage and holding his new .22 rifle. The child has a New Jersey hunting license and recently passed the state’s hunter safety course.

“If you look at the picture, his finger isn’t even on the trigger – which is proper,” Nappen told Fox News. “If half of Hollywood could follow that rule we’d be thankful.”

Brown said their role is not to go out and search Facebook for photos of children holding weapons.

“In general our role is to investigate allegations of child abuse and neglect,” she said.

The family’s trouble started Saturday night when Moore received an urgent text message from his wife. The Carneys Point Police Dept. and the New Jersey Dept. of Children and Families had raided their home.

Moore immediately called Nappen and rushed home to find officers demanding to check his guns and his gun safe.

Instead, he handed the cell phone to one of the officers – so they could speak with Nappen.

“If you have a warrant, you’re coming in,” Nappen told the officers. “If you don’t, then you’re not. That’s what privacy is all about.”

With his attorney on speaker phone, Moore instructed the officers to leave his home.

“I was told I was being unreasonable and that I was acting suspicious because I wouldn’t open my safe,” Moore wrote on the Delaware Open Carry website. “They told me they were going to get a search warrant. I told them to go ahead.”


Moore took this photo of police outside his home.

Nappen told Fox News the police wanted to inventory his firearms.

“”We said no way, it’s not happening,” he said. “This is a guy who is completely credentialed and his son is also credentialed.”

The attorney said police eventually left and never returned.

“He has a Fourth Amendment right and he’s not going to give up his Fourth Amendment right or his Second Amendment right,” he said. “They didn’t have a warrant – so see you later.”

Brown told Fox News that it’s “prudent and wise to protect children.”

“In many cases we may follow up on something and we don’t find any problems and the case is closed,” she said.

But the person who reported the false allegations of abuse cannot be held liable, she noted.

“You can’t be prosecuted for making an allegation of child abuse –even if it’s false,” she said.

Nappen said what happened to the Moore family should serve as a warning to gun owners across the nation.

“To make someone go through this because he posted a picture of his son with a .22 rifle on his Facebook page is pretty outrageous,” he said. “Does that mean that anyone who posts a picture like that has to consent to a home inspection and a gun inspection? I don’t think so.”

Nappen said they are considering taking legal action against the state for the late night raid.

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[people]

Yes typical gestapo tactics. If he did not know his rights they would have walked all over them. Here is a link to the story.

http://www.humanevents.com/2013/03/19/familys-home-raided-over-facebook-photo-of-childs-rifle/
The kid looks pretty happy with his 22lr rifle. As far as his cammo wow if they are scared of that maybe they should grow a sack or ovaries and toughen the frack up.

Our way of life and this nation is directly threatened by these tactics. We really need to get kids involved in the shooting sports.

 

[kelbro]

People need to be very careful about pictures that they post on the internet. Especially pictures of their children.

 

[Geronimo Jim]

Just a snapshot of the future.

 

[Dgd6mm]

Yeah like the Hatfields & McCoys, from 5 -105 holding firearms. Oh yeah, I forgot, they didn't have the internet.... ;D

 

[jonbearman]

Having had experience with the state police in new jersey,my observation is they are arrogant and act above the law.I witnessed something that the officer should of been arrested for and believe me,they cant wait to pounce on law abiding citizen's whenever they can and go around the lawful process.

 

[4xforfun]

These pics have been both mine and my sons facebook profile pictures.

Bring it on!!

 

[people]

4xforfun how dare you teach your kid to be a sniper? You will be visited by the black chopers and swat team any time now.

I do like the pics. How did they do?

 

[4xforfun]

4xforfun how dare you teach your kid to be a sniper? You will be visited by the black chopers and swat team any time now.

I do like the pics. How did they do?

He loves both "F" class and 1K BR. Did pretty well in 1 k BR matches at Harris the last two years. The "f" class is just mid range practice, but it close to home (100 miles).

I need to get some pics of him with my Rem R-25 with a pile of 20 round mags

 

[tinkerer]

Fine pic of the kids, having fun I bet.

The story is a crying shame. I almost bet the cops come back.

Facebook :-*

Larry
Tinkerer

 

[Outrider27]

Having had experience with the state police in new jersey,my observation is they are arrogant and act above the law.I witnessed something that the officer should of been arrested for and believe me,they cant wait to pounce on law abiding citizen's whenever they can and go around the lawful process.

Your experience mirrors mine with regard to New Jersey. I give that state a wide birth whenever possible. Very poor judgement on the part of Child Services; they don't have to orchestrate a police raid over a picture just because someone makes a report, all they have to do is review the evidence and realize whoever reported it was a wacko. But it is typical of the New Jersey approach to anything to do with firearms.

 

[DangerousDrummer]

It is time to push back! We must start doing every thing we can to stop government tyranny whichis occuring at all levels, from the garbage man to the President. Pushing back means strongly insisting that ANY government official that does not say "yes sir, no sir" and treat their employers with respect be chastised, especially in public. Do not turn away when you see out of control government employees, get involved! If you see police break the law, FILE CHARGES, or at least try to file charges. It is your right and duty to demand respect from your public SERVANTS. There is no law that says you have to be nice, at least not yet. Remember that we, the people are the ultimate authority and should demand respect for authority.

 

[scott in ohio]

RIGHT ON DD!!!!! WE need to establish a defense fund for people to SUE for false arrest!!!! Scotty

 

[Jack Frost]

This story pisses me off to no end.

 

[NateHaler]

Nappen said they are considering taking legal action against the state for the late night raid.

The state doesn't care, nor do the drones who do their bidding. After all, the state would pay any settlement with YOUR money.

The Child Protective Services are an abomination. Another group of Nazis, cloaked in the guise of "protecting kids", i.e. "if it protects even one kid, it's worth it". And yet some of you on this very website forum voted for expansion of our benevolent government. That is insanity, and a vote for the spread of evil. I worked with a guy, (Vlad, Russian immigrant), whose neighbor was an a-hole, and complained about Vlad's daughter crying. She was two, and was teething or something. Vlad told the guy to stuff it, that the girl would cry like all kids. So the a-hole neighbor a few days later called CPS. Who, like Nazis, showed up, and demanded to see the kid, and forced Vlad and his wife to wait in another room while these government thugs stripped his daughter naked and looked for signs of abuse. Had Vlad and his wife refused, these Nazis would have taken his daughter from the house, and examined her in a state facility.

And some of you vote for more of this. The government is not your friend, and they forgot generations ago that they work for us.

 

[markr]

+1 Nate... Vote the Libs in, then bitch when their toes are stepped on!

 

[DanConzo]

+ i also Nate.

 

[RandyD]

I am going to jump into this thread. I am an attorney in California. I practice mainly family law and I take a couple of CPS cases per year. I could write a book about the abuses of CPS, and how the law and procedures in court lean favorably towards CPS. In my opinion, they are America's Gestapo, and I do not say that lightly. Most people have no idea of what can happen when CPS sets their sights on you. Everyone of my clients that goes through this process is forever shocked at the power of the state. Reports to CPS are confidential and families who are investigated are prevented from knowing who reported them to CPS. One right that you have is your right under the Fourth Amendment. CPS can only come into your residence four general circumstances; 1) They must have probable cause that a crime has, is or is about to be committed against a child, 2), They have a warrant, 3) You have given them your consent or 4) There is an exigent circumstance.

If CPS has a warrant or probable cause or if an exigent circumstance exists, CPS will not ask for your consent. To gain your consent, can and will lie to you, convey false threats ect. Never give your consent. Stand your ground. I had one case where a family anticipated CPS coming to their residence, so they retained me in advance. My client telephoned me while the police and the CPS social worker were at her front door demanding consent to enter. I had her hand the phone to the police officer accompanying the CPS social worker and asked if they had a warrant, probable cause or if an exigent circumstance existed. The officer told me no. I told him that they had no consent to enter and I objected to them speaking futher to my client. I heard the officer tell my client that I did not know what I was doing, that I should go back to law school and that they would return with a warrant and make matters worse for my client. That was 10 years ago and they never returned.

 

[NateHaler]

Somebody once said "Be glad you don't get all the government you pay for." Nowadays, I think we are getting all the government our money (unwillingly) buys.

It's no longer "common sense"; it's "uncommon sense".

Here's another law enforcement outrage, from last year, in the SF Bay Area. A woman (a lawyer, if I'm not mistaken) called the Vallejo, CA police department, because she thought she and her family may have been the victims of identity theft. She wasn't sure what to do, so she called the people who supposedly protect and serve, right?

Instead of calling her back with an update or telling her how they usually handle such matters, the Vallejo Police merely dispatched a patrol car -- during the day -- when this woman and her family are not at home. Their house has a fence all the way around it, including in the front yard, through which the front door of the house would be accessed.

The officer opens the gate, and as he approaches the house, the family's 11 year old beloved Labrador retriever comes running up, and is barking at the officer. (Which is what dogs do...) The officer drew his service pistol and shot and killed their dog. And his superiors defended him for it. That OUTRAGE is a disgusting example of power and procedure and utter contempt for the people for whom these "public servants" are supposed to work. That cowardly officer killed a family pet, rather than risk a dog barking at him, or possibly biting him, or I suppose the humiliation of running out the gate the way he came and realizing how stupid it was to not set an appointment someplace to handle an ID theft.

That family (whom I contacted, to express my condolences and outrage) will carry the loss of their dog for the rest of their lives.

To Protect (their pensions) and to Serve (their masters). Sickening.

In Oakland, an officer was called to a house where a young deer had wandered into a residential backyard. The deer was scared (right?) and was scampering around looking for a way out. Instead of calling animal control, or one of the many animal rescue groups in this area, or how about the Oakland Zoo (!!!), the officer drew his service pistol and killed the deer.

And these cretins expect you to entrust them with your life, liberty, and property? The answer to that should be NEVER.

 

[RandyD]

In California, our public servants conduct themselves as if they are our masters. The roles have reversed. A citizen in California that resorts to self defense will most likely be charged with a crime and have to defend themselves in court at their own expense. The masters have determined that the state has the exclusive right to use force, all others must justify their use of force in court.

What is interesting is that in California the police and citizens under the law have the same right to use force to defend themselves. The difference is in the application of the law, where the District Attorney which works closely with the police, will charge a civilian that uses force. Did anyone notice, in the two recent police shootings, where the police were after the rogue former cop, that the District Attorney has not charged the police officers who shot and shot at the ladies who were delivering newspapers, or the police officers who shot at the surfer going surfing.