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Had my guns taken away in nj

Discussion in 'Legal' started by .308, Jul 23, 2009.

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  1. .308

    .308 Member

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    The cops took my guns from me yesterday because my mother went out and got a restraining order on my father who lives in the same house as me. The ro is on my father and not me. When the cops showed up i offered to take them out of the house but that wasnt good enough for them. Then to top it all off they called and took my firearms purchaser card today. I'm being treated like some kind of criminal but i didn't do anything! Now i have to jump through hoops to try and get them back. If anyone has advice on how to get them back please let me know. Thanks
     
  2. General Geoff

    General Geoff Member

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    Hire a lawyer, if you ever want to see your firearms again. Just a heads-up, it may end up costing more than your guns are worth, just to get them back
     
    Last edited by a moderator: Jul 24, 2009
  3. 41magsnub

    41magsnub Member

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    a lawyer, call one. Internet legal advice is worth less than it cost you.
     
  4. Deltaboy1984

    Deltaboy1984 Member

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    Call and get a Lawyer ASAP.
     
  5. 2nd 41

    2nd 41 Member

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    Sorry to hear this. Hope your Mom will be OK.
     
  6. Sheepdog1968

    Sheepdog1968 Member

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    I am very sorry to hear this. My first approach would be to call the local NRA (I'm assuming you are a member). I'd follow that first. In the absence of that, I'd get a hair cut, shave, dress nicely and go to the police station and politely explain the situation and politely ask what you can do to get them back. If they aren't sure, then politely ask them who you should talk to. I would not under any circumstances get upset. Be calm as possible. If you don't feel as if you are making any progress or getting helpful information, you will need to get a laywer and local NRA can help you. I would guess it will take a while before you get your guns back. Let us know how it works out.
     
  7. John Wayne

    John Wayne Member

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    Hire a lawyer.
    Call the NRA legal defense fund.
    Call the local ACLU (yes, really).
    Hell, even call the media.

    First, go ahead and mail a letter via registered mail to the police, and call them, and notify them in as many ways possible that you have a safe alternate location to store your firearms. Then, notify all of the above that you are a responsible, law-abiding citizen and have had your property stolen from you by the police.

    Also collect all the info on your guns including serial numbers, make, caliber, etc. and hopefully pictures and original receipts as well.
     
  8. DeepSouth

    DeepSouth Member

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    And people say your crazy if you hide guns in the wall behind the paneling.:scrutiny:

    Sorry man, I hope you get them back.

    Keep us up to date on what happens.
     
  9. j-easy

    j-easy Member

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    wow that's horrible, good luck OP. anyone know if Florida has asinine policies like this?
     
  10. Old Fuff

    Old Fuff Member

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    There are a lot of questions here that left unanswered make a conclusion next to impossible. For example:

    Who owns the residence? Father or son? Or maybe both? Or someone else?

    How old is .308 - under or over 21?

    Usually after an emergency injunction/restraining order is issued a hearing must be scheduled to be held in the near future. Has the father been informed as to when and where this hearing will be held? Does he plan to be present or be represented by an attorney, or both? Does the son plan to pe present or be represented? It would seem that this would be the time to bring up the firearms issue.

    If the firearms were returned, how would they be stored? In a safe or otherwise. A safe that the Father didn't have access to might make a big difference in how the court viewed the issue.

    Last but not least, .308 should speak to an attorney, but he needs to get his ducks lined up first.
     
  11. Dr. Tad Hussein Winslow

    Dr. Tad Hussein Winslow member

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    I wish you the best of luck in getting them returned. The last step in the to-do list after that is obviously: LEAVE that god-forsaken state and never look back.
     
  12. hwp

    hwp Member

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    What I find humorous is the fine upstanding politician that pioneered this law was elected by the fine people of NJ.

    Frank Lautenberg is the man responsible for this law and the fine people of NJ keep electing him to office over and over and over.
     
  13. lloveless

    lloveless Member

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    Did the police give you an inventory/receipt for the guns removed?
    ll
     
  14. eye5600

    eye5600 Member

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    File suit against your father.
     
  15. Oro

    Oro Member

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    Now that's mature (sarcasm).

    Seriously, I went through something very similar in NY years back. Don't panic. Follow Old Fuff's advice (fyi for those that don't know - following what Old Fuff says is almost ALWAYS the right move).

    Eight time out of ten, TRO's are what cheap divorce lawyers tell their female clients to do to rack up fees - the clients are generally vulnerable, trusting, and ignorant of the law and personal ethics. Judges know this and dismiss that kind of junk out of hand. I don't know if that is what prevails in this case, but the odds say yes. I do not mean to disparage your mother or father and a serious issue may be at hand, but for others, keep this in mind.

    Spending a thou on a legal beagle is not necessarily your first or best move. Follow Old Fuff's advice.
     
  16. LostinJersey

    LostinJersey Member

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    .308 the best gun law lawyer in NJ is Evan Nappen, he is the one who won against Jersey City when they passed one handgun a month law awhile back.

    Here is his web site with contact information http://www.evannappen.com/

    Good Luck on getting your guns and FID back.
     
  17. franconialocal

    franconialocal Member

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    deleted
     
    Last edited: Jul 24, 2009
  18. dullh

    dullh Member

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    1) Hire a lawyer. A good lawyer.

    2) Get your guns back.

    3) Move OUT of New Jersey and move into the United States.

    Pennsylvania, for instance, is right across the river. Move there, then you can look back across the river at that communist s***hole you just fled - from the FREE side.
     
  19. Uncle Mike

    Uncle Mike Member

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    never never land...never land here!
    You may be able to have them put into the possession of a friend at a different address.
    As long as the protective order is in effect on your dad, and he resides at 'that' address, there will not be any firearms, unless court approved, at 'that' address.

    It aint just NJ... this is nationwide!
     
    Last edited: Jul 26, 2009
  20. .308

    .308 Member

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    I called up a few lawyers, including evan nappen. I heard very different stories from all of them. All I know is that the ro needs to be dropped before I can do anything, but that is supposed to happen soon. I'm 25 years old and the house is in my parents names for those who asked. I've been planning on moving out of this state for a while and this incident is pushing me to hurry up.
     
  21. Phydeaux642

    Phydeaux642 Member

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    As usual, Old Fuff offers sage advice. Take heed.
     
  22. .308

    .308 Member

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    Also, the police wouldn't give me a receipt at the time and at the station they told me "they dont give receipts". Good thing I ripped off my $700 leupold scope when i heard they were coming.
     
  23. Autolycus

    Autolycus Member

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    Do you have a copy of the police report or any paperwork indicating that they took your firearms? Because it might be hard to prove that the police inventoried them.
     
  24. HOME DEPOT GEORGE

    HOME DEPOT GEORGE Member

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    Do yourself a favor and get out while you can, I'm in the process of getting a restraining order thrown out for something that I was accused of 12 yaers ago,my record was expunged all arrests were wiped clean and NJ will not drop a f***ing 12 year old order protecting a person that if still in NJ lives 1100 miles away from me and if I was sitting next to her I wouldn't even know it. link http://www.thehighroad.org/showthread.php?t=420202 as others have said GET OUT OF THAT GOD FOR SAKEN CORRUPT @###$$$%%%^^^^&&%%$$# TOILET OF A STATE AND JOIN THE REST OF FREE AMERICA.
     
  25. Truthseeker

    Truthseeker Member

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    Get a good lawyer. Go to the police with the lawyer. Tell them they took your property even though you were not accused of any crime. Ask for a receipt for your property. Document everything, especially if they refuse. You need documentation of what they took. Without it, said property may very well disappear.

    Good Luck,

    Gene

    IANAL, read my first four words.
     
    Last edited: Jul 26, 2009
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