How do I get my shotgun back?

[Laru845]

OK, so what would your response be when you claim you called so and so at this time, this day and they said this, that and the other thing and they just tell the court nope, never happened, He never called so we destroyed it. They may have recordings, but do you know how to subpoena them? Have you even kept a written log of the calls? Time, date, what was said? Liar, liar pants on fire is not an adequate legal strategy. Document, document, document.

Dude, I feel for ya, but it's hard to maintain sympathy if you fail to take the advice offered. You can't half-ass your way through this. Everything you've said here and would have to say to a lawyer is hearsay without some proof. Maybe, just maybe your lawyer might be a witness to corroborate some of what you've said, but there's a good chance he's not going to want to get that involved. Afterall, he wants to keep in the good graces with these people. Even though he's a defense lawyer and supposed to be on 'your' side, that only counts while they're play acting in court. The only time lawyers will ever bare their fangs is when they have a boatload of cash to make or if they are (rarely) impassioned. You will be f'ked before his standing and reputation are. Why else do you think he was getting annoyed? Certainly not because he cares.

Maybe just going over the Sargent's head would be worth a shot? A registered letter sent to the Chief of Police? Along with copies of the release form from the DA. "which may be released to its rightful owner pursuant to your Department's policy" weasel wording for fuck him over if you want, we don't care.

If nothing else, I hope you have a full appreciation for why forums like this one exist and the passion of its members. Folks go out and buy a shotgun just because they can without a full understanding and reverence for the right that makes it so. Taking for granted that right is the single greatest thing we have going against us. The real 2A community is not nearly as large as the number of American gun owners. That is a problem and that most do not actively support the 2A groups that keep fighting to maintain that right. Bet with what you've learned here, you'd do it over differently.

Yes I know, I just got a lot going on and didn’t put the effort on figuring out how to record the phone calls. I believe I could use their cameras along with this forum to prove I been trying to get my shotgun back. I don’t think they are allowed to delete footage . I can tell my criminal lawyer wants no part of this so I have to get another one. The closest constitutional lawyer to me I found on Google is 43 minutes away. And yea when I read “pursuant to your department’s policy” I was expecting to some bullshit.. I don’t wanna say it but sadly I feel like this fight is over and I lost. I deeply appreciate the support I got from this group.

 

[Phazer]

I don’t know why he said it was part of a crime when there was no crime committed. I should’ve told him that. I was just thinking of keeping my cool. All I told him was “ok”.

Ummm....Kyle Rittenhouse got his rifle back after he was found "not guilty." I know that he requested to have it destroyed. But, it was "returned" to him nonetheless. That was a murder case. What the heck is your local police department thinking?

Good luck to you.

 

[lrick]

Ummm....Kyle Rittenhouse got his rifle back after he was found "not guilty." I know that he requested to have it destroyed. But, it was "returned" to him nonetheless. That was a murder case. What the heck is your local police department thinking?

Good luck to you.

Kyle would not have been found not guilty in NY, so there's that

 

[Laru845]

Kyle would not have been found not guilty in NY, so there's that

Yea but I was

 

[Acer-m14]

Just got a call from the sergeant, he said they won’t give it back to me because it was part of a crime and they don’t have to. He said it will probably be destroyed in the coming months or weeks. He said “ I don’t know what you want to do but that’s our stand on it”… how should I word the small complaint.

Rockland County Sheriff .. hello ..

yes i would like to report a stolen shotgun ..

 

[nortatoga]

Just got a call from the sergeant, he said they won’t give it back to me because it was part of a crime and they don’t have to. He said it will probably be destroyed in the coming months or weeks. He said “ I don’t know what you want to do but that’s our stand on it”… how should I word the small complaint.

Did you read the SCOTUS case I posted earlier?

{{meta.fullTitle}}

www.oyez.org

Facts of the case​

Tony Henderson was a former United States Border Patrol Agent who was charged with, among other crimes, distribution of marijuana. On June 9, 2006, two days after he was arrested, Henderson voluntarily turned 19 firearms over to the Federal Bureau of Investigation (FBI), which he argued was for "safekeeping as a condition of the bond." He later pled guilty to his narcotics charges.
In 2008 and 2009, Henderson requested that the FBI return his firearms so that he could transfer them to a purported buyer, but the FBI refused to do so. Henderson then moved the district court to allow him to transfer the firearms to the 2009 buyer or his wife. The magistrate judge recommended denial of the motion because Henderson was a convicted felon, and the district court adopted the recommendation. Henderson appealed and argued that, because he had not been given notice that his guilty plea would disqualify him from firearm ownership, he is entitled to relief. The U.S. Court of Appeals for the Eleventh Circuit affirmed the decision of the lower court.

Question​

Does a felony conviction, which makes it illegal for the felon to possess firearms, also prevent a court from ordering that the government transfer non-contraband firearms to a third party to whom the defendant has sold his property interests or sell the firearms for the defendant's benefit?

Conclusion​

Sort:

• by seniority
• by ideology

• UNANIMOUS DECISION FOR HENDERSON
  MAJORITY OPINION BY ELENA KAGAN​

  A court-ordered transfer of a felon's lawfully owned firearms from government custody to a third party is legal, as long as the recipient will not give the felon control over the firearms.
  

No. Justice Elena Kagan delivered the opinion for the unanimous Court, which held that a court may order the transfer of a felon’s lawfully owned firearms to a third party as long as the court is satisfied that the defendant will neither use them nor direct their use. While a felony conviction does not prevent the felon from owning firearms, it prohibits both actual and constructive possession of firearms, so a court may not order a transfer to a third party if the felon will continue to exert authority over the firearms in a manner that amounts to constructive possession. However, if the transfer to a third party represents merely a sale or disposition of the firearms, the prohibition on possession is not implicated, and the court may order the transfer.

They can not DESTROY your property!! And YES in your case they need to return it to you!

 

[spat]

Just got a call from the sergeant, he said they won’t give it back to me because it was part of a crime and they don’t have to. He said it will probably be destroyed in the coming months or weeks. He said “ I don’t know what you want to do but that’s our stand on it”… how should I word the small complaint.

Get what he said in writing or recorded, then take that to the judge that issued the order to give it back to you.

The sergeant is in contempt of the court order. Let the judge deal with him.

 

[Bustedknees]

Their Facebook page is full of gun buyback programs, and I see no comments from you. I have no clue as to the political leaning of your community and I only saw one citizen comment fighting against it. I would not slander the chief, but I would damn well put the facts out there.

 

[Laru845]

Get what he said in writing or recorded, then take that to the judge that issued the order to give it back to you.

The sergeant is in contempt of the court order. Let the judge deal with him.

The paper the DA gave me said “ pursuant of your department policy” like the other person said. The DA basically said fuck him over if you want to we don’t care.

 

[Laru845]

Their Facebook page is full of gun buyback programs, and I see no comments from you. I have no clue as to the political leaning of your community and I only saw one citizen comment fighting against it. I would not slander the chief, but I would damn well put the facts out there.

What should I comment under their posts? My community support cops and think they know better no matter what they do.

 

[Laru845]

Did you read the SCOTUS case I posted earlier?

{{meta.fullTitle}}

www.oyez.org

Facts of the case​

Tony Henderson was a former United States Border Patrol Agent who was charged with, among other crimes, distribution of marijuana. On June 9, 2006, two days after he was arrested, Henderson voluntarily turned 19 firearms over to the Federal Bureau of Investigation (FBI), which he argued was for "safekeeping as a condition of the bond." He later pled guilty to his narcotics charges.
In 2008 and 2009, Henderson requested that the FBI return his firearms so that he could transfer them to a purported buyer, but the FBI refused to do so. Henderson then moved the district court to allow him to transfer the firearms to the 2009 buyer or his wife. The magistrate judge recommended denial of the motion because Henderson was a convicted felon, and the district court adopted the recommendation. Henderson appealed and argued that, because he had not been given notice that his guilty plea would disqualify him from firearm ownership, he is entitled to relief. The U.S. Court of Appeals for the Eleventh Circuit affirmed the decision of the lower court.

Question​

Does a felony conviction, which makes it illegal for the felon to possess firearms, also prevent a court from ordering that the government transfer non-contraband firearms to a third party to whom the defendant has sold his property interests or sell the firearms for the defendant's benefit?

Conclusion​

Sort:

• by seniority
• by ideology

• UNANIMOUS DECISION FOR HENDERSON
  MAJORITY OPINION BY ELENA KAGAN​

  A court-ordered transfer of a felon's lawfully owned firearms from government custody to a third party is legal, as long as the recipient will not give the felon control over the firearms.

No. Justice Elena Kagan delivered the opinion for the unanimous Court, which held that a court may order the transfer of a felon’s lawfully owned firearms to a third party as long as the court is satisfied that the defendant will neither use them nor direct their use. While a felony conviction does not prevent the felon from owning firearms, it prohibits both actual and constructive possession of firearms, so a court may not order a transfer to a third party if the felon will continue to exert authority over the firearms in a manner that amounts to constructive possession. However, if the transfer to a third party represents merely a sale or disposition of the firearms, the prohibition on possession is not implicated, and the court may order the transfer.

They can not DESTROY your property!! And YES in your case they need to return it to you!

I’m currently looking for a constitutional lawyer

 

[Acer-m14]

I’m currently looking for a constitutional lawyer

any updates ??

 

[Laru845]

any updates ??

Honestly a lot of shit happened that led to me never talking to a lawyer, I just gave up. Also I’m still on delayed for the maverick 88 I bought back in December. Probably will have to fill another application later this month. I want a shockwave but want to get a proceed on the 88 first. I’m apologize to anyone I let down on here. Believe me I try to forget about it but it infuriates me every time I remember.

 

[fresch]

Got to do what you think is best.
Easy to sit back and pontificate on other peoples problems.

 

[gun_slinger_boy]

Also I’m still on delayed for the maverick 88 I bought back in December. Probably will have to fill another application later this month.

This is exactly what others here have predicted. They will just keep you in an endless loop whenever you get a delay because NY doesn't do like everywhere else and let the FFL release after 3 days. Disgusting.

 

[JRtraderny]

Honestly a lot of shit happened that led to me never talking to a lawyer, I just gave up. Also I’m still on delayed for the maverick 88 I bought back in December. Probably will have to fill another application later this month. I want a shockwave but want to get a proceed on the 88 first. I’m apologize to anyone I let down on here. Believe me I try to forget about it but it infuriates me every time I remember.

Goodluck but I'm pretty sure shockwaves are a no go in NY now.

 

[Laru845]

This is exactly what others here have predicted. They will just keep you in an endless loop whenever you get a delay because NY doesn't do like everywhere else and let the FFL release after 3 days. Disgusting.

I know. I’m approaching 60 days in the loop. And what’s really disgusting is these gun stores taking advantage and charging “storage fee”. A&J Arms in Bardonia NY charging me $20 a month because I bought the gun from Guns.com and not from them and can’t take it home because of the 30 days thing.

 

[Laru845]

Goodluck but I'm pretty sure shockwaves are a no go in NY now.

Wow as of now now?? Because one gun store recommended it to me and I seen other gun stores have it in stock last month.

 

[Laru845]

I know. I’m approaching 60 days in the loop. And what’s really disgusting is these gun stores taking advantage and charging “storage fee”. A&J Arms in Bardonia NY charging me $20 a month because I bought the gun from Guns.com and not from them and can’t take it home because of the 30 days thing.

I wonder if I can order a gun from guns.com send it to a store in NJ and pick it up from there? Since they don’t do the 30 days thing yet. Or will that look suspicious or bad because I’m from NY?

 

[Saltwater60]

I wonder if I can order a gun from guns.com send it to a store in NJ and pick it up from there? Since they don’t do the 30 days thing yet. Or will that look suspicious or bad because I’m from NY?
I don’t see why you can’t do that as long as it’s a legal long gun in NYS and it is. They will charge you to ship it there of course.
As for the shockwaves I think they are a no go as well. Yes NYS sucks and I’m sorry you had to give up your property but sometimes it’s best as others have said.
Good luck.

 

[JRtraderny]

Wow as of now now?? Because one gun store recommended it to me and I seen other gun stores have it in stock last month.

Shockwaves fall in the any other weapons category and I'm pretty sure the CCIA made them illegal in NY .

 

[repete]

I know. I’m approaching 60 days in the loop. And what’s really disgusting is these gun stores taking advantage and charging “storage fee”. A&J Arms in Bardonia NY charging me $20 a month because I bought the gun from Guns.com and not from them and can’t take it home because of the 30 days thing.

Did they at least give you a reach around? Between NYS and A&J they screwed you pretty good!
Don't order a gun online and ship to an out of state FFL, that reeks of evasiveness, just go to the FFL and look till you find what you like. You could always engage them in some friendly conversation and mention what you're looking for, if they offer to order it THEN ask if it's a problem being from NY.

 

[Laru845]

Did they at least give you a reach around? Between NYS and A&J they screwed you pretty good!
Don't order a gun online and ship to an out of state FFL, that reeks of evasiveness, just go to the FFL and look till you find what you like. You could always engage them in some friendly conversation and mention what you're looking for, if they offer to order it THEN ask if it's a problem being from NY.

Nobody has reached out, A&J call me to tell me is time for another application. It was crazy seeing these two guys buying BB guns asking questions like “is it ok if I keep this in my car” and “ is it a good idea to carry this around” and getting instant proceed.

 

[Saltwater60]

Shockwaves fall in the any other weapons category and I'm pretty sure the CCIA made them illegal in NY .

Not the CCIA from what I know but they did make a law that changed the definition of a firearm and what category others fall into. I knew they would ban others because people were using it to get around the safe act.

 

[Acer-m14]

a bit of news .. not sure it will help you .. more court cases in the process ..

A new lawsuit reveals Suffolk County, NY is delaying giving gun permits for three years.

 

[Laru845]

a bit of news .. not sure it will help you .. more court cases in the process ..

A new lawsuit reveals Suffolk County, NY is delaying giving gun permits for three years.

It’s crazy how they just do stuff like that…

I wonder what other YouTube channels you guys get your news from. I’m currently subscribed to Armed scholar, Colion Noir and Guns and Gadgets.

 

[Bustedknees]

I'd still sue them in small claims court. I believe it cost nothing to little, and nothing to loose.

 

[Bustedknees]

I'd still sue them in small claims court. I believe it cost nothing to little, and nothing to lose.

 

[Saltwater60]

I'd still sue them in small claims court. I believe it cost nothing to little, and nothing to loose.

$15.00 and I agree. It’s property and a civil matter. It would be great to see what happens. You have a court order saying they need to give you back your property. Easy enough to serve them and please record it.

 

[Acer-m14]

It’s crazy how they just do stuff like that…

I wonder what other YouTube channels you guys get your news from. I’m currently subscribed to Armed scholar, Colion Noir and Guns and Gadgets.

https://www.youtube.com/@TheFourBoxesDiner

https://www.youtube.com/@ArmedAttorneys

https://www.youtube.com/@CopperJacketTV

https://www.youtube.com/@FuddBusters

https://www.youtube.com/@GunOwnersofAmerica

https://www.youtube.com/@heavydutycountry

ADD that one for sure ^^^^^^

https://www.youtube.com/@LangleyOutdoors

https://www.youtube.com/@LibertyDoll

https://www.youtube.com/@VSO_Gun_Channel

https://www.youtube.com/@TheGunCollective