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2013.03.20_josh_moore_fb_large_cropped.jpg
An anonymous tipper gave this Facebook photo to law enforcement, who came to the house of Shawn Moore demanding to catalog his guns. (Shawn Moore Facebook Photo)

Cops try to force illegal search over a Facebook gun photo

BY Jillian Raftery  on March 20, 2013 @ 2:06 pm (Updated: 4:03 pm - 3/20/13 )

Shawn Moore had no idea that a Facebook photo of his happy son could bring the police to his doorstep.

The gun in the photo, a .22 caliber rifle, was a birthday present to his 11-year-old son, Josh. Both father and son are state licensed hunters who enjoy the sport together, and Josh is an NRA Certified Firearms Instructor, Range Safety Instructor, and a State Certified Firearms Hunting Instructor.

"There's absolutely nothing illegal with this picture," said Dori.

But one concerned citizen saw the photo and alerted the New Jersey Department of Child Services, who then went to the Moore family's home with two police officers.

"They wanted to go through the house and make sure that guns were not available to kids," said Shawn in an interview with Fox News. "And once they went through the house they wanted to get into my safe and they wanted to run all the serial numbers on my firearms and make sure they were all registered to me. And catalog them."

But Shawn stood his ground. He called his attorney, who told him that he didn't have to let the police in without a warrant. In New Jersey, registering firearms is not a requirement; it's voluntary.

But The Department of Child Services of New Jersey wouldn't let it go, and they threatened to take Shawn's children away if he didn't go along with the search.

"They were asking me if I had anything to hide - if I didn't, why wouldn't I open the safe?" said Shawn. "After about an hour of arguing with me, they packed up their stuff and left."

Dori says the whole thing was unconstitutional.

"They never came back because they didn't have any reason," said Dori. "They had no probable cause other than a proud father and a happy son putting a picture up on Facebook."

Shawn's son, on the other hand, couldn't understand what all the fuss was about.

"I've been shooting guns since I was five," said Josh. "I was really happy about getting the gun. Then when they showed up, that was seriously getting me really mad."

Jillian Raftery, Social Media Captain
Jillian Raftery is a social media captain for the Dori Monson Show. She loves the neighborly vibe of the Pacific Northwest and spends as much time as possible outdoors.
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Comments (25)


  • Add A Comment

  • mynorthwester wrote...
    oh god Dori
    March 20, 2013 3:08 pm
    Here we go
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • FormerMarineSgt wrote...
    I do not support the CPS or cops on this one - but what's sad is that...
    March 21, 2013 6:08 am
    (I AM NOT supporting the actions of the child protection folks or the police - imho they were way out of line). What's sad is that if an older child went on a shooting spree / younger child played with gun and shot his sibling/others, and it was found out after the fact that this kind of thing was posted on Facebook and no one did anything, Dori would spend lots of time screaming that 'everyone ignored the obvious and blatant danger signs'.....
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • mnpat wrote...
    The Department of Child Services of New Jersey
    March 20, 2013 3:23 pm
    can go pack sand between their buttocks, over reaching their authority and when that doesn't work try the threat game I guess.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • ron prevost wrote...
    J'Accuse --
    March 20, 2013 3:31 pm
    First off, to all of you with a phobia about guns, this is NOT a 2nd Amendment Issue. ... The Constitution also has this thing called the FORTH AMENDMENT.

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.

    Now a quiz for the average American - just how many times and ways did New Jersey violate or try to violate this Forth Amendment ?????

    .

    Beyond all that, scary as it may look, it's just a 22. Put a wood stock on it and a straight barrel on it and it would be what I and the rest of the kids in the neighborhood dinged cans and shot rats with way back way I was 11 years old. A 22 used to be the next step up from a BB gun before you got a real hunting rifle.

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  • William Lawn wrote...
    Don't forget the 5 round Mag Mr. ron, along with the "wood stock and a straight barre"l
    March 20, 2013 3:47 pm
    I believe our little dude has a hundred round mag.

    Dressing the little guy up in fatigues, handing him a military LOOKING gun and putting him out on Facebook.

    No bad outcomes are gonna be in his future.

    Dad is an idiot, although he did nothing illegal. Stupid isn't illegal.

    Unfortunately.

    Just have the little shaver join he army. As soon as he can.

    Get the clothes and the rifle for free.

    Wanna bet what dad would say about that?

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  • HPD 5-0 wrote...
    His future is probably bright.
    March 20, 2013 4:14 pm
    STUPID isn't illegal. If it were you'd be in prison for life.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • William Lawn wrote...
    You know HPD, I normally dismiss you as a union, public employee thug
    March 20, 2013 4:30 pm
    But that was pretty funny.

    You still are a union, public employee thug, though.

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • ron prevost wrote...
    Actually, Mr. Lawn, the rifle I has was a single load .
    March 20, 2013 5:28 pm
    NO clip.

    BUT - the question isn't about the gun. It's about the Forth Amendment. ... That 'secure in our homes' thing. ..... I would have been just as wrong if NJ was illegally searching for pot or whatever. ...Just because it's an 'evil gun' justifies nothing.

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • WiIliam Lawn wrote...
    'believe our little dude has a hundred round mag"
    March 20, 2013 6:12 pm
    You're an idiot Willy. 100 round mag, selling stupid fear again are we? Also it's a .22, setup with rails to "look" like something it is not. The kid even has a hunting license. I'm sure there wont be a bad outcome with his future, as long as your idiotic ideology stays out of his head.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • William Lawn wrote...
    Oh goody!
    March 20, 2013 7:34 pm
    It is set up to look like something it is not.

    Your point?

    Sorry, stupid question.

    You don't have one?

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • WiIliam Lawn wrote...
    You're too stupid Willy to understand the point
    March 20, 2013 8:38 pm
    spare us your rhetoric..
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • William Lawn wrote...
    Awwwww, an AJ faker
    March 20, 2013 9:45 pm
    AJ knows nothing about guns, so I have another one.

    Too funny.

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Regularjoe44 wrote...
    I'm no lawyer...
    March 20, 2013 7:11 pm
    ...shouldn't they have some legal recourse for an illegal search and threats?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Cash wrote...
    This is a clearly violation no question
    March 20, 2013 7:17 pm
    And the police never should have assisted CPS with this inquiry based on just this photo. It is illegal for the state government agency(s) involved here to do what they did. The thing that I find extremely sad is there were most likey a 1000 other kids in rat infested houses with doper parents who are criminals and they do nothing to help those kids and they harass this well adjusted family over a family photo. Disgusting.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • chubby wrote...
    I wonder . . .
    March 20, 2013 7:29 pm
    how many times Anne Bremner drove drunk before she was finally caught. Ask her next time you have her on your show, Dori. Hypocrite! Oh wait, Dori says that people drive an average of 80 times before they are caught. And please, please, please start taking phone calls from listeners again. It is torture to listen to you banter with that pea brain producer, Jake. It's talk radio . . . the callers make the show!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • hpitantso wrote...
    Should all eleven yr old learn to kill
    March 20, 2013 9:42 pm
    I bet this kid has never had a old fashion fist fight.Dori see's nothing illegal,maybe true, but if he learns to handle conflicts from this pimped out .22 if or when conflicts accure that's wrong. It may cross over a common sense upbringing that sometime should trump illegal.
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  • hedujg26 wrote...
    Conflict? what the heII are you talking about?
    March 21, 2013 2:27 am
    What freaking conflict? The kid likes to shoot and is a licensed hunter. He wears camouflage when hunting. Are you people retarded? Why do you see evil where there is none. Also, the reason the rifle looks the way it does is to give the used familiarity with the firearm type. When he gets older, he can own a gun that is the upgrade, but is familiar. Its called a safety feature. You know, I expect Seattle to do react this way, and it figures you people react the way you did, freaking out over nothing.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • ratrustle wrote...
    There ought to be consequences...
    March 21, 2013 5:27 am
    for the government zealots that abuse their authority in cases like this. "No harm no foul" isn't going to keep Childrens Services and the Police from doing stupid stuff like this. A hefty fine, reprimands, and a public apology by all involved might be a good start.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Clearwater3 wrote...
    How many times...
    March 21, 2013 6:08 am
    ...are we faced with stories where CPS is attacked for failing young kids? "They should have done something! Why didn't they know? Everyone's incompetent!" In this situation, they investigated what they thought was a legitimate complaint, and now (thanks to the gun fetish crowd), they are attacked for doing exactly what they are hired to do. What if they did nothing and there wreaaly was an issue that deserved attention? "They should have done something! Why didn't they know? Everyone's incompetent!" As far as taking the cops along, why not? Anyone remember a recent case around here where a CPS worker didn't take a policeman along and ended up having to beg with 911 dispatch while some guy murdered his kids? And for all you armchair lawyers out there, there was no search, therefore no 4th Ammendment violation. This is a non-story writ large by Faux News to do nothing but stir up a bunch of phony outrage.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • It's me! Ha ha! wrote...
    So tell me this Lawn Flounder,
    March 21, 2013 6:10 am
    where is the Blood Bath? The trail of dead bodies in the wake of this kid and his Scary looking gun?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • DesertRez wrote...
    The rifle
    March 21, 2013 6:12 am
    Is a S&W m&p 15-22...I have the same one and it is a sweet little rifle! Ironically it would have been banned had Komrade Feinstein's assault weapon ban been enacted (and why I have 6 30-round mags). hpitantso not everyone grew up in a concrete jungle, and we learn to shoot and fish at an early age.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
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