Guns Destroyed, Recourse?

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  • GuitarmanNick

    Ultimate Member
    Jan 9, 2017
    2,221
    Laurel
    So it is a long story but it comes down to a friend was removed from his home after a complaint by the mother of his children. She is known to have been abusive in their relationship and he has always been the recipient of her physical attacks.
    The AA county police came to home and told him they were confiscating his weapons because of the complaint.
    Some charges were filed against him and after court appearances he was told to keep his record clean for a year and he would be able to get his guns back. Apparently, at some point one of the officers thought my friend had lied to him about the location of a gun that was not where my friend indicated it should have been. Could have been moved by the girlfriend while he was working and she was filing her complaint.
    His probationary period ended a few days ago and he went to claim his guns today. Without warning, at some point during the last year, his guns were destroyed. He is absolutely heart broken as some are not replaceable.
    Wondering what recourse he may have?
    I have watched him do everything he could in the last year to put his life back together after having everything stolen or left in ruins while he was exiled from his home. Things were starting to get back to normal for him and this was a real kick in the sack.
     

    K31

    "Part of that Ultra MAGA Crowd"
    MDS Supporter
    Jan 15, 2006
    35,632
    AA county
    First, he should establish that they were really destroyed. Get the actual documentation, not someone's say so.
     

    Name Taken

    Ultimate Member
    Feb 23, 2010
    11,891
    Central
    Have him speak with an attorney before making any further phone calls. It wouldn't hurt to ask for some sort of documentation and ask to speak to the Officers supervisor just to confirm they are in fact destroyed. Wouldn't be the first time an officer didn't understand the process or misspoke about a case.

    He also needs to determine if part of his criminal case disposition wasn't the forfeit of the firearms.

    I'd find it hard to believe in 2020 there isn't a paper trial before property gets destroyed.
     

    Skipjacks

    Ultimate Member
    If he is legally entitled to the guns and they were actually destroyed then he is legally entitled to compensation for the value of the destroyed guns

    However that is just market value

    If they have sentimental value he would have to sue the state for damages

    Oh who are we kidding? He will have to sue the state to claim the legal market value of the guns anyway.

    This WILL NOT be easy. The state will make this as hard as humanly possible to recover the value of the guns, no matter how much he is legally entitled to the guns or their market value
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll
    If he is legally entitled to the guns and they were actually destroyed then he is legally entitled to compensation for the value of the destroyed guns

    However that is just market value

    If they have sentimental value he would have to sue the state for damages

    Oh who are we kidding? He will have to sue the state to claim the legal market value of the guns anyway.

    This WILL NOT be easy. The state will make this as hard as humanly possible to recover the value of the guns, no matter how much he is legally entitled to the guns or their market value

    You really do not get compensated for "sentimental value". Even when a person is killed via negligence, there really is no compensation for the lost love. Maybe a Loss of Consortium claim by the spouse, but that is usually a joke nowadays.

    The OP's friend would receive the FMW of the firearms if they were negligently destroyed.

    Advice to the OP's friend is to get the paperwork started for the return of the firearms and to have the paperwork show that the firearms were destroyed. Biggest question is whether the OP's friend was entitled to get the firearms back, whether he applied in a timely manner to have them returned to him, and whether the police department was following standard procedure in destroying them.

    The sentimental part of this SUCKS!!!!!!!!! Cannot imagine losing some of the firearms I have.
     

    Doctor_M

    Certified Mad Scientist
    MDS Supporter
    Hypothetically speaking. If my guns were unfairly confiscated and negligently destroyed and restitution were ordered by the courts, what happens to guns that were grandfathered. There is no way to measure the fair market value of say a semi-auto AK or Uzi carbine in MD, because there is no way to replace it? That could be a can of worms.

    In a perfect world, you should get an exemption to replace it with an out of state purchase, but I don't see MD being that reasonable or fair minded.
     

    OMCHamlin

    Ultimate Member
    BANNED!!!
    May 17, 2017
    1,115
    The Cumberland Plateau
    You really do not get compensated for "sentimental value".
    Advice to the OP's friend is to get the paperwork started for the return of the firearms and to have the paperwork show that the firearms were destroyed. Biggest question is whether the OP's friend was entitled to get the firearms back, whether he applied in a timely manner to have them returned to him, and whether the police department was following standard procedure in destroying them.

    See this up here ^^? When companies like Benchmade Knives "help" the community by cutting up guns, like the police asked, this is the other side of that coin.
    (Enjoy those fancy knives, fellas...)
     

    GuitarmanNick

    Ultimate Member
    Jan 9, 2017
    2,221
    Laurel
    Spoke to him again last night. Seems his lawyer will not take this case because it will make him unpopular with the courts in which he represents other clients and is not able to refer him to another attorney to handle the matter. After the financial hits he has taken in the last 18 months, funds are not as plentiful as they may need to be to litigate an uphill battle.

    I suggested trying to meet with the judge to see if there was something that would explain the current situation and if not, the judge may be able to help with a reaching a resolution if his orders were not followed by law enforcement.

    Can't imagine law enforcement not following the law or the orders of the court(sarcasm)!
     

    JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,467
    MoCo
    Spoke to him again last night. Seems his lawyer will not take this case because it will make him unpopular with the courts in which he represents other clients and is not able to refer him to another attorney to handle the matter. After the financial hits he has taken in the last 18 months, funds are not as plentiful as they may need to be to litigate an uphill battle.

    I suggested trying to meet with the judge to see if there was something that would explain the current situation and if not, the judge may be able to help with a reaching a resolution if his orders were not followed by law enforcement.

    Can't imagine law enforcement not following the law or the orders of the court(sarcasm)!

    My God!

    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. It is about providing fairness in the system, and that their rights are protected, whether they are guilty or not guilty. Keep the system honest...or as honest as possible!
     

    Vic

    Ultimate Member
    Jul 2, 2010
    1,454
    Whiteford, MD
    This lawyer is an antigun lawyer. He is using the court as an excuse to not represent your friend. I'd let people know he is anti. If nothing else he needs to find a real lawyer to represent him in the future for parental rights, etc......

    V
     

    Skipjacks

    Ultimate Member
    You really do not get compensated for "sentimental value". Even when a person is killed via negligence, there really is no compensation for the lost love. Maybe a Loss of Consortium claim by the spouse, but that is usually a joke nowadays.
    .

    I said that. To get compensated for sentimental loss you have to file a civil suit and convince a jury.

    The state SHOULD pay for fair market value without a trial. (They won't. But they should.) But that is all you get without a lawsuit.
     

    Skipjacks

    Ultimate Member
    Spoke to him again last night. Seems his lawyer will not take this case because it will make him unpopular with the courts in which he represents other clients and is not able to refer him to another attorney to handle the matter. After the financial hits he has taken in the last 18 months, funds are not as plentiful as they may need to be to litigate an uphill battle.

    I suggested trying to meet with the judge to see if there was something that would explain the current situation and if not, the judge may be able to help with a reaching a resolution if his orders were not followed by law enforcement.

    Can't imagine law enforcement not following the law or the orders of the court(sarcasm)!

    Guess all those lawyers representing murderers are super afraid of what the courts will think of them, eh?

    Your friend needs a new lawyer.

    And maybe should complain about this one to the bar association. (Of course in Maryland the bar will probably side with the anti gun lawyer)
     

    paperwork351

    no error code for stupid
    Mar 7, 2008
    868
    Gaithersburg
    There was a case in montgomery county where property was destroyed. After several years the case was decided. If there was a bill of sale the amount compensated was that bill of sale. No receipt for face to face private sales which was legal once upon a time, no compensation. Zilch, nada, zero. Mora vs Gaithersburg 4th Circuit IIRC.
     

    Half-cocked

    Senior Meatbag
    Mar 14, 2006
    23,937
    "Destroyed"... right.

    MY bet is that they're in the possession of one of AA County's finest.

    Report them as stolen to the BATF.
     

    Doctor_M

    Certified Mad Scientist
    MDS Supporter
    There was a case in montgomery county where property was destroyed. After several years the case was decided. If there was a bill of sale the amount compensated was that bill of sale. No receipt for face to face private sales which was legal once upon a time, no compensation. Zilch, nada, zero. Mora vs Gaithersburg 4th Circuit IIRC.

    That is absolutely insane; because we all know that guns don't appreciate in value, right? I'm sure if the court lost 20 troy ozs of gold from the evidence locker, they would view it as fair compensation to refund at the original 1980 purchase price of $300 per oz. Insane.
     

    TheOriginalMexicanBob

    Ultimate Member
    Jul 2, 2017
    32,181
    Sun City West, AZ
    "Destroyed"... right.

    MY bet is that they're in the possession of one of AA County's finest.

    I don't know about now...but that was not uncommon in the past. Any collectible or otherwise desirable guns would have had "dibs" on them by supervisors from law enforcement or the state's attorney's office and the destruct orders were signed off by someone in on it.

    I would hope that practice has stopped but you never know.
     

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