Guns Destroyed, Recourse?

PowPow · Mar 12, 2020

GuitarmanNick said:
From there, back to the AA county police station to speak with the property room supervisor, then his supervisor, etc... Bounced from office to office and building to building and was told that the only way he would ever see any paperwork was to sue at which time it would be provided in discovery, if it ever existed.

I am sorry to hear this, but not surprised. Same department who killed Gary J. Willis. I bet if he survived, he'd be going through the same ordeal.

newmuzzleloader · Mar 12, 2020

GuitarmanNick said:
Yesterday, he went to the courthouse and got copies of everything in his case file. No forfeiture order was found. No order of destruction was found.

From there, back to the AA county police station to speak with the property room supervisor, then his supervisor, etc... Bounced from office to office and building to building and was told that the only way he would ever see any paperwork was to sue at which time it would be provided in discovery, if it ever existed.

Seems to me that if things were done in compliance with the laws, they would be willing to show related paperwork to the affected person. The treatment he received was not at all helpful and some people may not have remained as composed. I usually give law enforcement the benefit of the doubt, but this behavior is highly suspicious in my mind.

He is looking for an attorney to help him get some answers and compensation.

File a theft of firearms complaint, maybe the police will investigate. Speaking of which, isn't there supposed to be a department that investigates "misplaced" evidence etc.?

N3YMY · Mar 12, 2020

Doctor_M said:
Interesting on why they confiscated non-firearms or ammunition items like cases and holsters. There is absolutely no law against anyone keeping accessories (outside of ammo) as far as I'm aware. Is there something in the law that would allow them to confiscate magazines, optics, etc. I don't even know how much I have tied up in just accessories, but I would bet it is over 10K.

Civil Forfeiture:

Civil forfeiture in the United States, also called civil asset forfeiture or civil judicial forfeiture,[1] is a process in which law enforcement officers take assets from persons suspected of involvement with crime or illegal activity without necessarily charging the owners with wrongdoing. [...] Critics argue that innocent owners can become entangled in the process to the extent that their 4th Amendment and 5th Amendment rights are violated, in situations where they are presumed guilty instead of being presumed innocent.

Magnumite · Mar 12, 2020

^^^ +1
And the exact stock. The stock brand mentioned I cannot find in the pictured configuration. This and same to BATFE.

An FFL has to open his premises up to BATFE periodically to ensure legal process of firearms dispositions. The law enforcement community would be held accountable to the same measures. How can the police investigate and process arrest for illegal firearms activity and they not be accountable for the same record keeping. Sounds like a civil complaint

hermyjoe · Mar 12, 2020

Doctor_M said:
If you start a GoFundMe page for him, I will make a donation to his legal costs.

I am in for a donation also. wrong is wrong. just let us know if a GoFundMe is set up.

Dingo3 · Mar 12, 2020

Report a theft to ATF and FBI. Set the Feds loose them. Also report the stolen firearms to MSP; its the law now, right?

Make the local popo realize they have to obey the laws

spoon059 · Mar 12, 2020

Maybe start with a FOIA request for files related to your case. Talk with a supervisor, then that supervisors supervisor, then that supervisors supervisor until you get answers. Lawsuits will do nothing but slow the process down to a crawl. Start small.

IDFInfantry · Mar 12, 2020

N3YMY said:
Civil Forfeiture:

Sounds to me like the Anne Arundel Police Department didn't follow the law in this case. I'm not surprised. Sue them and hold them accountable! This is your only recourse! Hire an attorney now! You should have done that the moment they showed up at your door requesting to confiscate property without a proper warrant.

https://www.washingtonpost.com/politics/in-a-reversal-md-gov-larry-hogan-signs-bill-limiting-civil-asset-forfeiture/2016/05/19/c2b960e4-1df2-11e6-9c81-4be1c14fb8c8_story.html

Name Taken · Mar 12, 2020

A lot of folks posting irrevelant garbage that will just waste your time.

Request a copy of the police report, file a MPIA with the Department requesting any documentation relating to this incident, in particular the firearms. The government has 30 days to respond to an MPIA and there are other government agencies to assist if they don't. There may be a fee for filling an MPIA request.

Get the documents and then see for yourself. Shop an attorney after that.

Calling the ATF...good luck.

GuitarmanNick · Mar 12, 2020

Name Taken said:
A lot of folks posting irrevelant garbage that will just waste your time.

Request a copy of the police report, file a MPIA with the Department requesting any documentation relating to this incident, in particular the firearms. The government has 30 days to respond to an MPIA and there are other government agencies to assist if they don't. There may be a fee for filling an MPIA request.

Get the documents and then see for yourself. Shop an attorney after that.

Calling the ATF...good luck.

Excellent suggestion!

huesmann · Mar 18, 2020

JohnnyE said:
Attorneys don't take clients because they believe them innocent or popular in the community, they take them because they believe that in a justice system every party deserves representation.

Not so much...it's about making a buck.

GuitarmanNick said:
Yesterday, he went to the courthouse and got copies of everything in his case file. No forfeiture order was found. No order of destruction was found.

From there, back to the AA county police station to speak with the property room supervisor, then his supervisor, etc... Bounced from office to office and building to building and was told that the only way he would ever see any paperwork was to sue at which time it would be provided in discovery, if it ever existed.

Sounds to me like his guns were distributed among the PoPo, and the dept is like "oh, schitt, we gotta get all these guns back—contact all the guys who took any."

ralph.mclean · Mar 18, 2020

He needs to call the Chief of Police office and file a complaint. That will force the department to verify that his guns were actually destroyed. He also needs to find out the procedures for filing a financial claim against AA Co. He will probably have to go through the Risk Management Office, or the county attorney, and will probably need a copy of the court transcript, which might be costly. He can file any of these without the assistance of counsel. THEN, he needs to find a good 2A attorney. Maryland Shall Issue can probably help there. They may even support the case to some degree. He can also call the Citizen's Committee for the Right to Keep and Bear Arms. They occasionally jump in on cases. And the NRA, and Ammoland News, etc... If you start a Go Fund Me page, and circulate the story in the 2A community, he may even be able to generate some funding for his legal bills. I'd put in $10 bucks...

Guns Destroyed, Recourse?

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