How do I get my shotgun back?

[Laru845]

Hello I was charge with menacing 2nd degree and criminal possession 4th degree. I was not found guilty. I tried getting my shotgun back from the police department and I showed them a certificate of disposition. They said it doesn’t prove nothing. They told me I needed a letter from the court. The court told me I needed to call the DA department and the DA told me I needed to talk to my lawyer. My lawyer told me that they would make me run in circles because they don’t just won’t want to give it back to me, my lawyer said they do that to everybody. My lawyer told me I could just go get a new one, which I tried but my background is now delayed. It’s been a little over a week. Any tips on how I can get my first (2nd) shotgun back? I’m from Haverstraw Rockland County New York.

 

[spat]

Hello I was charge with menacing 2nd degree and criminal possession 4th degree. I was not found guilty. I tried getting my shotgun back from the police department and I showed them a certificate of disposition. They said it doesn’t prove nothing. They told me I needed a letter from the court. The court told me I needed to call the DA department and the DA told me I needed to talk to my lawyer. My lawyer told me that they would make me run in circles because they don’t just won’t want to give it back to me, my lawyer said they do that to everybody. My lawyer told me I could just go get a new one, which I tried but my background is now delayed. It’s been a little over a week. Any tips on how I can get my first (2nd) shotgun back? I’m from Haverstraw Rockland County New York.

Going to need a lawyer to pressure them. Maybe even sue them.

It will cost a lot more than the shotgun.

I suppose you could always try suing them in small claims yourself ?

 

[Rocpo]

The DAs office needs to issue the release to retrieve it from the arresting agency

 

[Drinkthekoolaid]

Ahh yes the liberal paradise where due process can be subverted and presumption of guilt while having to prove innocence.

 

[S&W Fan]

This happened to a friend of mine several years ago, via a false accusation by a lunatic ex-girlfriend. He kept at it until they finally released his guns and gave them back. It did take almost a year though. The difference here is that what was confiscated from him had some significant value . 4 long guns in total. In your case you’ll have to decide if it’s worth the time and hassle and the possible additional cost. ( lawyers fees ?)
Personally I wouldn’t let the bastards get away with it and I would push back all the way, but that’s me.

 

[Laru845]

This happened to a friend of mine several years ago, via a false accusation by a lunatic ex-girlfriend. He kept at it until they finally released his guns and gave them back. It did take almost a year though. The difference here is that what was confiscated from him had some significant value . 4 long guns in total. In your case you’ll have decide if it’s worth the time and hassle and the possible additional cost. ( lawyers fees ?)
Personally I wouldn’t let the bastards get away with it and I would push back all the way, but that’s me.

This happened to a friend of mine several years ago, via a false accusation by a lunatic ex-girlfriend. He kept at it until they finally released his guns and gave them back. It did take almost a year though. The difference here is that what was confiscated from him had some significant value . 4 long guns in total. In your case you’ll have decide if it’s worth the time and hassle and the possible additional cost. ( lawyers fees ?)
Personally I wouldn’t let the bastards get away with it and I would push back all the way, but that’s me.

Yea my lawyer said it wouldn’t be worth the money, to just go get a new shotgun. But I’m thinking of suing them anyway just to not let the NY gov win.

 

[Saltwater60]

In my area I’m told you need to file in Supreme Court to get it back. My area does some funky stuff and if you have guns and the police come to your home for any reason they confiscate your guns. No arrest, no crime anything domestic related they are gone. If I simply call my wife a ducking bitch and the women next door is a feminist and calls the cops because she’s pissed off about it my guns are gone.
Good luck. Also keep in mind you can be kept in eternal delayed status in NYS. NYS can delay you for 30 days and your NICS check is only good for 30 days. If you keep getting delayed for 30 days you’ll never get a proceed and you’ll never get a new gun. Also keep in mind any delays or denials they now notify your local police so they do know you’re trying to buy a new gun as well.

 

[GOYABEAN]

Someone's getting a Boom stick for Christmas what a lovely system it's become

 

[SomeSoldier]

Leave this state. Fixes everything, for now.

 

[Laru845]

In my area I’m told you need to file in Supreme Court to get it back. My area does some funky stuff and if you have guns and the police come to your home for any reason they confiscate your guns. No arrest, no crime anything domestic related they are gone. If I simply call my wife a ducking bitch and the women next door is a feminist and calls the cops because she’s pissed off about it my guns are gone.
Good luck. Also keep in mind you can be kept in eternal delayed status in NYS. NYS can delay you for 30 days and your NICS check is only good for 30 days. If you keep getting delayed for 30 days you’ll never get a proceed and you’ll never get a new gun. Also keep in mind any delays or denials they now notify your local police so they do know you’re trying to buy a new gun as well.

Yea I read about that 30 days loophole, can’t wait until they get sued for that. And the thing is I bought the gun from guns.com and it’s already payed for. So it’s really annoying that I can’t go to the shooting range.

 

[Laru845]

Leave this state. Fixes everything, for now.

I rather fight for our rights

 

[SomeSoldier]

I rather fight for our rights

You are 20 years too late. Liberals hold super majority in house, senate, plus executive and courts. How do you plan to fight? They cheat every election. This state is basically a communist strong hold at this point.

 

[meketrefe]

Tell them Joe Biden told us to Getta shotgun!
seriously call a lawyer. All it might be needed is a call or letter from the lawyer.
I guess it depends on how much the shotgun is worth either material or sentimental value to you.

 

[Laru845]

Someone's getting a Boom stick for Christmas what a lovely system it's become

You are 20 years too late. Liberals hold super majority in house, senate, plus executive and courts. How do you plan to fight? They cheat every election. This state is basically a communist strong hold at this point.

Change doesn’t happen overnight pal. Personally I see people around me waking up and seeing their bullshit. Me myself was once ignorant about 2A and I’m just now getting into guns. I will be calling my lawyer soon to see what we can do.

 

[SomeSoldier]

Change doesn’t happen overnight pal. Personally I see people around me waking up and seeing their bullshit. Me myself was once ignorant about 2A and I’m just now getting into guns. I will be calling my lawyer soon to see what we can do.

Yup, it took since 1911 to get here. I don't see momentum changing. I see it speeding up.

 

[OwnTheRide]

Yea my lawyer said it wouldn’t be worth the money, to just go get a new shotgun. But I’m thinking of suing them anyway just to not let the NY gov win.

Do it, and set up a gofundme or something similar. I'll be one of your first contributors. Fuck NY.

 

[Laru845]

Do it, and set up a gofundme or something similar. I'll be one of your first contributors. Fuck NY.

Haha thank you. I’m willing to lose the house over this.

 

[SomeSoldier]

But I’m thinking of suing them anyway just to not let the NY gov win.

This is the right answer. They want you to give up and buy another. It's not the shotgun you are fighting for, it's the right of being secure in your personal belongings.

 

[Laru845]

Yup, it took since 1911 to get here. I don't see momentum changing. I see it speeding up

Yup, it took since 1911 to get here. I don't see momentum changing. I see it speeding up.

Aye look you most likely know more than me. But we can’t lose faith. Maybe you see it speeding up because NY is desperate and making all these inconstitucional laws. They already been sued over some of those laws by the Supreme Court. We can’t let it get worse

 

[SomeSoldier]

Aye look you most likely know more than me. But we can’t lose faith. Maybe you see it speeding up because NY is desperate and making all these inconstitucional laws. They already been sued over some of those laws by the Supreme Court. We can’t let it get worse

First, I would never say someone is smarter or less intelligent than me. This is the internet. Half of the stuff said is bullshit, the other half is half-truths said in good faith at best. Everything I said is my opinion, I know I come off as sounding like I am stating facts, but I am not. Most of what I say is because I am bitter that a country, I went to war for lost its way and the people don't care.

Even when we win, we lose. SCOTUS put big wins, NYS says; ok we will rewrite the law and make it worse. Now we must live with this even shitter law until it makes its way back to SCOTUS to get struck down. At what point are the people that create unconstitutional laws held accountable? When do they get tried for treason? Answer: never because we have joe fucking biden illegitimately running this fucking country because he stole an election and said he was going to do it. Nothing was done about it and "our side" has even said that the election was fair.

What do you do when the game is rigged? You don't play their game and flip the fucking board.

 

[GOYABEAN]

You are 20 years too late. Liberals hold super majority in house, senate, plus executive and courts. How do you plan to fight? They cheat every election. This state is basically a communist strong hold at this point.

Change doesn’t happen overnight pal. Personally I see people around me waking up and seeing their bullshit. Me myself was once ignorant about 2A and I’m just now getting into guns. I will be calling my lawyer soon to see what we can do.

Hire a lawyer well versed in Firearms and The Constitution!

 

[Laru845]

First, I would never say someone is smarter or less intelligent than me. This is the internet. Half of the stuff said is bullshit, the other half is half-truths said in good faith at best. Everything I said is my opinion, I know I come off as sounding like I am stating facts, but I am not. Most of what I say is because I am bitter that a country, I went to war for lost its way and the people don't care.

Even when we win, we lose. SCOTUS put big wins, NYS says; ok we will rewrite the law and make it worse. Now we must live with this even shitter law until it makes its way back to SCOTUS to get struck down. At what point are the people that create unconstitutional laws held accountable? When do they get tried for treason? Answer: never because we have joe fucking biden illegitimately running this fucking country because he stole an election and said he was going to do it. Nothing was done about it and "our side" has even said that the election was fair.

What do you do when the game is rigged? You don't play their game and flip the fucking board.

First of all thank you so much for your service. Well I feel like those laws are not here to stay. Gotta thank joe Biden because he is part of the reason why people are waking up. The man is obviously not suited to run a country. Just don’t lose faith my man. I won’t either and I will do my little part. Might lose a lot of money tho.

 

[ManualF150]

Another thing you can try is to get the local media involved. Make a stink about it (the right way of course) and you may have some leverage. If not more leverage because now it's publicly known that they have your property.

No different than when the town or city destroys your car with their equipment when you are legally parked and they don't pay for the damages they caused.

Good luck.

 

[Saltwater60]

Aye look you most likely know more than me. But we can’t lose faith. Maybe you see it speeding up because NY is desperate and making all these inconstitucional laws. They already been sued over some of those laws by the Supreme Court. We can’t let it get worse

The Supreme Court sues no one and only rules on lawsuits brought before them.
The downfall of NYS is certainly speeding up. The new guns laws are being challenged but we’re not really winning at this point. They just added the spending of 4.2 billion for environmental Justice, and are now banning the sales of everything but EV’s and electrical appliances. We’re heading to the shitter fast.
I’m not trying to be a jerk or argue with you at all just saying what I see.
As for the 30 background check I haven’t seen a lawsuit on it and with the more pressing matters I doubt one will be coming soon. They are trying to bankrupt us and gun rights organizations. It seems to be working because I get many emails on our funds are running out.
On suing them to get your shotgun back go for it but the same will happen to the next guy. Getting a lawyer to get your gun back will cost you thousands and just get your shotgun back, but will fox nothing going forward.
I like your optimism and you seem newish to the gun crowd in NYS but you’ll learn nothing good happens here to us or for us. More will come and it will just cost us more and more to have our guns in NYS.

 

[Saltwater60]

Another thing you can try is to get the local media involved. Make a stink about it (the right way of course) and you may have some leverage. If not more leverage because now it's publicly known that they have your property.

No different than when the town or city destroys your car with their equipment when you are legally parked and they don't pay for the damages they caused.

Good luck.

I doubt the media will care. Help a gun owner??

 

[Day444]

You're in Haverstraw, Rockland County? HA HA HA, LOL, LOL You'll have better luck watching the Hudson go dry!

 

[Laru845]

Going to need a lawyer to pressure them. Maybe even sue them.

It will cost a lot more than the shotgun.

I suppose you could always try suing them in small claims yourself ?

I just talked to my lawyer. He said that he has another client who’s trying to get his handgun and his father’s rifle back. My lawyer said that he sees no way on getting them back because they just ignore everything request, letter etc.. he told me I would have to bring the Supreme Court into it and that it will cost me thousands of dollars. But still I might just do it.

 

[Laru845]

You're in Haverstraw, Rockland County? HA HA HA, LOL, LOL You'll have better luck watching the Hudson go dry!

Haha damn bro don’t do me like that

 

[Laru845]

The Supreme Court sues no one and only rules on lawsuits brought before them.
The downfall of NYS is certainly speeding up. The new guns laws are being challenged but we’re not really winning at this point. They just added the spending of 4.2 billion for environmental Justice, and are now banning the sales of everything but EV’s and electrical appliances. We’re heading to the shitter fast.
I’m not trying to be a jerk or argue with you at all just saying what I see.
As for the 30 background check I haven’t seen a lawsuit on it and with the more pressing matters I doubt one will be coming soon. They are trying to bankrupt us and gun rights organizations. It seems to be working because I get many emails on our funds are running out.
On suing them to get your shotgun back go for it but the same will happen to the next guy. Getting a lawyer to get your gun back will cost you thousands and just get your shotgun back, but will fox nothing going forward.
I like your optimism and you seem newish to the gun crowd in NYS but you’ll learn nothing good happens here to us or for us. More will come and it will just cost us more and more to have our guns in NYS.

I just talked to my lawyer and he doesn’t seem hopeful either. He told me to send him a picture of my certificate of disposition he’s going to put a request. He said it probably won’t work and that I’ll have to get the Supreme Court involved.

 

[spat]

I just talked to my lawyer. He said that he has another client who’s trying to get his handgun and his father’s rifle back. My lawyer said that he sees no way on getting them back because they just ignore everything request, letter etc.. he told me I would have to bring the Supreme Court into it and that it will cost me thousands of dollars. But still I might just do it.

Yes, it's illegal for them to do this, but they know there is no penalty they will ever see so they do it anyway.

It's a clear violation of your rights, but they DGAF because the worst that will happen is they get told to stop this one time.