Gun Confiscation

[MalContent]

my 2 nephews were involved in a scuffle at my parents home.
at the time I was not present, but a resident

one nephew was a felon, and threatened his brother with a gun, said "good" nephew called 911

cops came, took "bad' nephew away

reinforcements then arrived, and searched the house, after removing my 86 y/o parents

they kicked in doors, trashed furniture, broke into a locked cabinet, with an opaque door, which contained my personal firearms that were additionally cable-locked together w/ a high security master-lock

they then removed my legally owned property

i am now wasting endless dollars participating in a "50-H" hearing, at the County level, against assistant d.a. --where i have to prove this is my property..
this is an incredible sham, which has already cost me $2500 in legal fee's
it is obvious they have no intention of returning my prop
i have provided copies of Federal form 4473, which proves i had purchased these firearms

they claim it is not
'proof of ownership "

i am tired and broke from playing their game

i wish to take the County to u.s. district court, for violating my 4th amendment rights

help me ScooterDog ...!!

how to do so ..??

 

[MalContent]

bump .........

 

[CdwJava]

Scooterdog is no longer with us.

What state did this occur in, and what is the state's justification for holding the firearms? Evidence?

- carl

 

[MalContent]

New York State

it is Monroe County that has my property

 

[MalContent]

they have provided no justification for holding my property, nor would they provide my attorney a list of items removed from the residence

 

[CdwJava]

It could be that the guns were found in someone else's home - perhaps THAT person will have standing to get some information. Otherwise, your attorney might have to take the issue to court to obtain your property ... if it's possible.

- carl

 

[MalContent]

the longarms were antiques, and 50 year old bolt action rifles i have owned for years

YES .. they were removed from MY residence, by breaking into a locked storage cabinet, and cutting the locking cables ..

i can sue the County of Monroe in NYS Supreme Court, and get a property list then, but why waste the money ..

they deny the Federal form 4473 listing the guns is "proof of ownership" .. so where am i going ..??

since possession of firearms is federally regulated..i want to file in US District Court for a 4th Admendment violation

if i am going to spend 10x what my firearms were worth, i want to make sure it cost the County plenty to defend against their actions

 

[MalContent]

by the way, thank you for taking the time to respond to my question, sir

 

[CdwJava]

YES .. they were removed from MY residence, by breaking into a locked storage cabinet, and cutting the locking cables ..

Okay - I missed the first part that said you were also a resident.

i can sue the County of Monroe in NYS Supreme Court, and get a property list then, but why waste the money ..

If you don't "waste" the money, you may never get anywhere.

they deny the Federal form 4473 listing the guns is "proof of ownership" .. so where am i going ..??

Strictly speaking, it doesn't prove ownership - it only proves you bought them.

I can produce a credit card slip saying I bought a diamond ring, but that doesn't mean I own it ... if I gave it away as a gift, then it's not mine even though I bought it.

What level of proof your state requires, I couldn't say. In my state the AG's office has issued very specific guidelines for the return of firearms and it sort of takes it out of the local agency's hands.

Have you made an appointment to sit down with someone in authority at the local agency with the weapons so that he or she can explain to you what the holdup might be and what you can do to get these back?

since possession of firearms is federally regulated..i want to file in US District Court for a 4th Admendment violation

Did they have a warrant? Under what authority did they enter the cabinet or safe to seize the firearms? If they had a warrant, you'd likely be out of luck on a 4th Amendment issue.

I suspect your attorney would know what buttons to push to get a fire ignited.

if i am going to spend 10x what my firearms were worth, i want to make sure it cost the County plenty to defend against their actions

If they have to go to court, they'll have to spend money.

- Carl