Firearm seizure related to protective order (Baltimore County)

[tkd4life]

So here is a good question, who cares if the guns are in working condition? Is it illegal in any way to have a firearm in a state of disrepair?

I completely understand factories conducting function checks before a sale for quality control purposes. But if my 1903 doesn't fire, would the state not give it back if it were seized? Why do they care?

Even if the police do an inspection and find an unregistered lightning link or other illegal device, as someone has already pointed out, that is shady evidence at best. Isn't that evidence seized illegally.

 

[mcbruzdzinski]

So here is a good question, who cares if the guns are in working condition? Is it illegal in any way to have a firearm in a state of disrepair?

I completely understand factories conducting function checks before a sale for quality control purposes. But if my 1903 doesn't fire, would the state not give it back if it were seized? Why do they care?

Even if the police do an inspection and find an unregistered lightning link or other illegal device, as someone has already pointed out, that is shady evidence at best. Isn't that evidence seized illegally.

IANAL but since the firearms were seized as part of a legitimate requirement of a protective order, the seizure would be considered legal by most courts.

 

[garber38]

What can be done to the crazy GF or ex who lied to the police officers or judge? Can they be held liable?

 

[CharlieFoxtrot]

I can't speak for other agencies but I can tell you that is not our policy. I've never dealt directly with firearms and restraining orders as far as returning but I can tell you we give guns back. It's sort of a pain because everything has to be perfect, not just on guns but ANY property we return, because property is a hot LEO issue.

In fairness I have dealt with some agencies where its been a non issue and they've returned them as soon as the reason for seizing them was concluded without having to drag them into court.

 

[survivorRob]

What can be done to the crazy GF or ex who lied to the police officers or judge? Can they be held liable?

He is pursuing legal action in the civil court system against her.

Just an update, he did get his firearms back last week. I think they ended up having them for almost a month after the protective order was rescinded.

 

[slsc98]

He needs to take measures now, to prevent this whole thing from recurring.

A critically important part of effective assistance to true victims of domestic violence is the Action Plan: steps in place and arrangements prepared for when a predetermined line is crossed.

My family has an additional type of plan: steps in place and arrangements prepared for when one of our members (male or female) realizes someone they have entered into a relationship with (prayerfully but, not always before matrimony) is one "those psychos."

One thing EVERYone in our family who owns guns has learned from the lessons of others is to NEVER wait for the psycho to play the DV card . . .

The same goes for NEVER "waiting" to see if any psycho is psycho-enough to play that card, more than once . . . a dangerous and costly form of gambling, indeed!

(Best o' Success to yer friend)