I Had My Firearms Confiscated Without Due Process

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Chef-at-Arms

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Dec 24, 2009
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Westchester County, New York
On December 12, 2009 the local police were called to my home by my sister, who does not live with me. My mother was also present as well as my wife. I am not proud of that day but what happened next was sickening.

There was no property damage, no violence of any kind, I never once (in my entire life) threatened violence to any woman in my life. When the police arrived, all three women said exactly the same thing: I have no history of violence, at no time did I threaten violence, I have never been convicted of any felony or misdemeanor, I was not under the influence of alcohol or any other drug, I have never had a restraining order against me, and there was no request for a restraining order (in spite of several requests by the officers).

One of the two officers questioned me in my bedroom and I cooperated respectfully 100%. The officer asked me if there were any firearms in the home and I told the truth. I own a shotgun and a win .308 rifle, both completely legal. The officer frisked me, then directed me to move away from the area where I keep my firearms. He then informed me he was taking my firearms "for safekeeping".

The firearms were confiscated in spite of my peaceful protests and I was issued an itemized receipt nearly an hour after the firearms were confiscated. The receipt included two check boxes designating the reason why the property was taken: "voluntary" and "court order". The box marked "voluntary" had been marked by the officer.

I am waiting until after the holidays to pursue my legal options, out of respect for my family, but until then I am doing as much research and resource cultivation as I can on my own. If any brother reading this can offer any helpful information, I would be extremely grateful. May God bless you all.
 
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Get a lawyer and posts no more about the circumstances. Statements could be used against you.
 
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Get a Lawyer now. you are wasting time.

WHY did you wait till now- 12 days afterwards- to seek advice. You should have lawyered up on December 12.

Good luck getting your property back.
 
DV laws are very unfair and weighted against men. I'm a lawyer. My best advice is to get a lawyer now. Take this very seriously.
 
leadcounsel:

Thank you for your advice. I am very grateful.

I have done quite a bit of on-line research and discovered that my state's esteemed governor signed a bill last summer authorizing the confiscation of firearms by court order in cases of the issuance of temporary restraining orders for domestic violence. It is my understanding that previous to this law firearms could only be confiscated by order of a permanent restraining order. It then follows that confiscating firearms without a court order of any kind is clearly illegal.

Well, I guess the bottom line is that I am not a lawyer, although I try to play one on teh internerts. I am calling a lawyer tomorrow.
 
Hope things work out well for you. There is a saving grace, come the first of the year, your newly elected county executive seems like a pretty rational guy, so such extreme actions by the police might end soon there.
 
For this man's sake, stop entertaining his thread. Stop asking questions. To the OP, stop posting about this. You are doing yourself absolutely no good, and quite possibly, irreparable harm. You need a lawyer 12 days ago.
 
Lessons:

1 NEVER allow a LEO into your home, unless he has a warrant. Meet him outside.
2 NEVER answer questions without an attorney
3 NEVER even remotely consent to search.
 
Well, as curious as I am as to the exact circumstances, you are right in not posting them.

Mistake number one is allowing the police into your house. You can speak with them outside the house.

The second mistake is in answering questions related to your guns. I would suggest not speaking with them at all, but that is your choice. Telling them that you have guns and where you have them is foolish.

When they wanted to search anything, you should have demanded a warrant. If you willingly permit them to perform a search, you are shooting yourself in the foot.
 
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