Had my guns taken away in nj

[kanook]

perhaps some of the people saying "move" are refering to get into a different house that his dad doesn't live in. That would enable him to retrieve his firearms regardless of his fathers situation.

 

[Deanimator]

As for all the "hire a good lawyer" advice, there is no such thing. If you never want your guns back be sure to show up at the PD with a smart azz lawyer.

Whenever somebody tells somebody else NOT to seek competent legal counsel for a substantive legal matter, I always suspect an ulterior motive.

The law is the law. If the legal process REQUIRES the police to return lawfully owned property, it doesn't matter if he shows up with a lawyer or a troupe of mimes. I could swear you just endorsed a "wrongful taking" by police...

 

[hardluk1]

We had a retired marshall that had his house raided by mistake took his guns from years of collecting and most ended up stolen from the police lock up. Go figure. Some recovered in other states some found in the hands of the police chief. . Illegal crap happens all the time in and out of the enforce departments . Get a record of your guns and do what you can to get them back . To darm many crooks on bought sides of the badge. aclu sounds like a good place to start talk'n just to see what advise comes from them. THE LAW IS THE LAW. Yes it is , to be used is they see fit sometimes to there version of the law. I grew up in collier county fl and watched a heck of a lot of crocked ass leo's do'n business as they wanted to when dealing with drug enforcement back during the 70's and 80's.

 

[zxcvbob]

the police wouldn't give me a receipt at the time and at the station they told me "they dont give receipts".

There's a reason for that. I don't know what that reason is, but here's what I suspect: they never intend to give the guns back and they don't want you to have a paper trail if you take them to court. (they will probably divide up the "good" guns amongst themselves based on seniority or rank, and the cheap guns will end up at the bottom of the Hudson or Delaware river.) I hope I'm wrong.

If you knew they were coming (to take off the scope) you should have gathered them all up and got them out of the house -- maybe locked in the trunk of your car parked at a friend's house for a few days. I guess hindsight is 20/20, and you're not old enough to be cynical and jaded

 

[Joe Cool]

If you have any receipts, pictures etc,

You may have something to go on.

One firearms owner I know here in NJ has everything documented and one copy stored in another location in case of fire, etc...

Yes NJ is a pain the butt.
But it's also worth fighting the good fight where and how you can... at least for a few of us still here in NJ...

 

[Maelstrom]

Thanks, Bob, for that "good" little piece of fiction.

I'm "probably" putting you in for a Pulitzer. Of course your story may end up at the bottom of the Hudson or Delaware river.

The only thing missing was either a mob connection tot he police or the use of his guns as "throwdown" guns so the police can shoot people at will. Hey, if you're going to make stuff up, why not go all the way?

There's a reason for that. I don't know what that reason is, but here's what I suspect: they never intend to give the guns back and they don't want you to have a paper trail if you take them to court. (they will probably divide up the "good" guns amongst themselves based on seniority or rank, and the cheap guns will end up at the bottom of the Hudson or Delaware river.) I hope I'm wrong.

 

[zxcvbob]

use of his guns as "throwdown" guns so the police can shoot people

Police used to do that in Houston. (they got caught... I believe it was about 10 years ago)

The only reason for not giving receipts is to make it harder (or impossible) to get the guns back.

 

[GRIZ22]

There's a reason for that. I don't know what that reason is, but here's what I suspect: they never intend to give the guns back and they don't want you to have a paper trail if you take them to court. (they will probably divide up the "good" guns amongst themselves based on seniority or rank, and the cheap guns will end up at the bottom of the Hudson or Delaware river.) I hope I'm wrong.


My insight to this is a few years old but from what I know in NJ seized property is listed on the investigation report. Seized firearms are required to be turned over to the Prosecutor's office within something like 24-48 hours so they are stored centrally.

 

[Cosmoline]

I doubt the NJ cops will ever give him his iron back. If he asks they're liable to arrest him as a terrorist. It's not a free state, not even close. The authorities are little more than a bunch of mobsters in uniform. Just write them off and get the heck out of there forever. At the very least get clear of these people with their relationship problems. There's ample reason to do that even without the other issues involved.

DVRO's are nasty everywhere, but there is no federal law requiring ownership cards, nor is there a federal law giving cops authority to seize third party property. In fact there's a federal constitutional amendment that is supposed to prevent that absent due process and compensation for the taking. Of course in NJ that and five dollars might get you a cup of coffee. Maybe.

 

[.308]

The ro was dropped today, so i went to the police station with the dismissal paper and they directed me to the prosecutors office weapons return unit. He says i need to talk to them and possibly send a letter, then they will allow them to release the guns. I'm calling first thing tomorrow since it was too late today. I hope they're right on this.

 

[bondmid003]

Good luck .308, I think things are looking up for you

 

[hwp]

Deanimator,

Your tinfoil hat fell off.

Show up with a lawyer at any PD I have ever seen they will laugh in your face and tell you to take it to court. Lawyers don't have direct dealing with PD's.

 

[jaholder1971]

I'd be making demand of that woman to pony up for all the hassle you went through.

I don't care if she is your mother. Her actions (or that of her lawyer) violated your civil rights as well as seriously inconvenienced your life. If there's drama between her and your father she obviously and deliberately dragged you into it. Parents may get away with using the kids as a weapon when they're 12 but you've got a few years on now.

 

[Deanimator]

Lawyers don't have direct dealing with PD's.

If you're going to make something up, try making up something at least a little less foolish.

 

[Carl N. Brown]

Unfortunately restraining orders (ROs) have become part of the boilerplate paperwork in a lot of domestic breakups that don't necessarily involve overt domestic violence (DV) but are sometimes thrown in just-in-case to cover-all-bases. That is what makes the Lautenberg Amendment rather insidious. I would rather see true domestic violence -- if it was done to a total stranger it would obviously be assault and battery -- treated legally as the felonious act it is, than the current system of denying a constitutional right based on a misdemeanor accusation. Before the Lautenberg Amendment, you forfeited the right to keep and bear arms on a felony conviction. The Lautenberg Amendment greases the slippery slope of denying the rights of a free man (as listed in Dread Scott and Cruickshank as right to vote, right to bear arms, etc.) based on misdemeanor accusations.

 

[Deanimator]

Unfortunately restraining orders (ROs) have become part of the boilerplate paperwork in a lot of domestic breakups that don't necessarily involve overt domestic violence (DV) but are sometimes thrown in just-in-case to cover-all-bases.

The greatest irony is of course that a restraining order isn't worth the paper its printed on insofar as "protecting" a victim of domestic violence in the first place.

Where a woman has the right to effectively defend herself with a firearm, it's HER responsibility to defend herself, since the police will almost certainly not be present to "protect" her as an individual when she really needs it. In a place where she has NO right to effectively defend herself with a firearm, the police will almost certainly not protect her as an individual, while quite possibly working HARDER to make sure she can't defend HERSELF. I've heard of cities having special units to enforce gun bans. I've never heard of a city having one to enforce orders of protection.

A restraining order is nothing more than a legal justification for using physical force against the person who violates it, whether it be the victim herself or the police.

 

[30mag]

File a lawsuit.

 

[hwp]

Hey Dean I can assure you I am familar with what I speak. You need to join the real world because you clearly are talking from a position of ignorance. Lawyers DO NOT have sit downs with cops. If a lawyer wanted to have a sit down with a cop he would get a subpoena and a hearing scheduled.

No offense because I'm sure you think you are right but you are not. Its nothing new. The tinfoil hat crowd is strong in numbers on THR. It is why I don't visit here much.

I prefer to live in the real world NOT the gun show/internet commando world.

 

[Deanimator]

Hey Dean I can assure you I am familar with what I speak. You need to join the real world because you clearly are talking from a position of ignorance. Lawyers DO NOT have sit downs with cops.

Yeah, clearly when my lawyer does it in connection with a variety of cases, it takes place in an alternate universe.

Thanks for playing.

 

[Cosmoline]

Different states have very different rules when it comes to whom lawyers customarily talk to. For example here I routinely call up MD's and cops in various cases. In other states this is simply never done without setting up a depo. Our own Supreme Court has repeatedly told us to stop bothering the court system and do as much informal discovery as possible. So that's what we do. In other states it is very different.

 

[larry_minn]

It is true many people get fixated on what goes on "in thier little pond" and assumes that is the way things work elsewhere.
This is true with about everything. My former BIL let my sister off in small town. Then drove around next block (right/left/left/left then park) so he could park on other side of street. The local Police followed him all the way around. He was worried (as a hispanic in MN in 80s) when Officer pulls along side. "Son you can just make a U turn, you don't need to go all the way around" and drove off. (BTW Officer was @ 65yrs old) Most everyone was "son" I drove that (and the next) squad car a number of times. I even had a key to the squad. I could go on with lots of stuff that would NEVER happen in a larger city. (true I had been offered a job there but because of car accident was not able to accept it) Many would call me a liar because it could NEVER happen (back where I come from)

 

[Deanimator]

If you never want your guns back be sure to show up at the PD with a smart azz lawyer.

Now that I think of it, that's EXACTLY what I did one day.

A whacked out cop from another town got busted for keeping an alligator, got fired, and had to give up his guns, at which time he tried to claim his deceased uncle's stock of highly collectible firearms to sell. His aunt retained my best friend. I gave him technical assistance on which guns were which, and which were missing (including a Thompson SMG). He did in fact interact DIRECTLY with the police to get the woman's property back, at which time I helped him inventory every piece.

I guess that makes him not just a "smart azz", but considerably smarter than you.

 

[rc109a]

As much as I have disagreed with Deanimator in the past, he is right about lawyers dealing directly with PD's(or SO's). I know because I have had sitdowns with several regarding property and othe things outside of court. If w can work out details before trial it makes it a lot easier.

 

[.308]

I just came across this http://www.divorcenet.com/states/new_jersey/domestic_violence_weapons
In the article it says the prosecutors office has 45 days to either charge me with something or give my guns back. There isn't a thing they can charge me with so i should get them back if this is true. Does anybody know if it actually works this way? Are they going to call me or do i need to call them? Calling there i've come to realize is nothing but a waste of time because nobody ever answers the phone or returns messages.

 

[Dr. Tad Hussein Winslow]

Here's the first lesson of dealing with ANYTHING in the legal realm: If it wasn't a (1) Letter, (2) Sent certified mail, (3) With return receipt requested, then the communication didn't happen, for any serious intents and purposes.

If you won't or can't get a lawyer to deal with them on your behalf, for whatever reason, then at least learn, know, and utilize that lesson 100%.