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Police took my guns & charged me with receiving stolen property

Started by Recumbent ReCycler, May 19, 2009, 10:08 PM NHFT

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bigmike

Quote from: Recumbent ReCycler on September 18, 2009, 05:19 PM NHFT
I'm considering a possible lawsuit against the officers and Sig employees who made false statements and filed false charges in this case, but I think I would need a lawyer who would be willing to work for a % of the award.

I can let you read through the Jurisdictionary course. Filing a lawsuit yourself isn't that complex.

Recumbent ReCycler

Here's the latest update:
My lawyer filed a motion to dismiss, something about me being entitled to be able to use all evidence in my favor, which the prosecution is objecting to.  We're hoping that the outcome of that hearing will be either a dismissal of the charges or the admission of the evidence that has not been allowed yet.  The hearing will be tomorrow, Thursday November 12th at 12:30 PM.  My lawyer said that he plans to also address the return of my other property, which he had filed a motion for a while ago but hadn't heard a response concerning it.

The court has also postponed my bench trial again and re-scheduled it for Tuesday November 24th at 10:00 AM.

bigmike

Good luck tomorrow. What evidence are they trying to prevent you from using?

Recumbent ReCycler

They are trying to prevent the use of testimony from the man who sold the unfinished frames to me and watched as I machined them on his milling machine.

Recumbent ReCycler

I finally got an order from the court that says that the SPD has to turn my property over to a 3rd party who will help me sell it, so there should be a decent amount of ammunition and firearms becoming available for purchase pretty soon.  I need to call the PD in the morning to schedule a time for the transfer of the property.

AntonLee

can you sell it for a dollar to someone and then perhaps later if you change your mind you might be able to buy it back for 1.50 or something?

Recumbent ReCycler

I'm not inclined to do that.  I trust the person who will be taking possession of my property and he will be helping me sell it.  The guns, ammo, parts, etc. is probably worth over $10,000.  Of course value is subjective.  If sold at retail, it would definitely be worth well over $10,000.  I'm planning to sell everything for well below retail.  In most cases, I'll sell stuff for below even the lower end of the market price.  I'm hoping that my stuff will be rescued from the clutches of the PD on Monday.

doobie

Good to hear they are going to be forced to give your property back, sucks that A) you had to take them to court, B) you are going to have to sell it all. 

KBCraig

They still stole from you. You're having to sell it all to cover your legal bills, so in the end you still lost your stuff and got nothing in return.

>:(

Recumbent ReCycler

Yeah, if I had it all a year ago, I would have been able to sell it at a nice profit since the market price was inflated due to supply not coming close to demand.  I also would have been able to keep up with my child support payments.  I'm hoping to catch up on my child support payments this month.

tony

Did you finish receivers? If so you will not be able to sell self made "guns" :(
Self made firearms are nontransferable.
If there is 20% work left to finish it is not a gun but piece of cut metal and is not regulated by BATF nor it requires any special licensing.

Lloyd Danforth


KBCraig

Quote from: tony on November 13, 2009, 06:41 PM NHFT
Did you finish receivers? If so you will not be able to sell self made "guns" :(
Self made firearms are nontransferable.

Not true. Someone who isn't a licensed manufacturer can't make firearms for selling, only for personal use. But those guns can be sold legally so long as the maker applies the required markings (like a serial number).

http://www.atf.gov/firearms/building_a_firearm.pdf


Recumbent ReCycler

Quote from: KBCraig on November 13, 2009, 08:33 PM NHFT
Quote from: tony on November 13, 2009, 06:41 PM NHFT
Did you finish receivers? If so you will not be able to sell self made "guns" :(
Self made firearms are nontransferable.

Not true. Someone who isn't a licensed manufacturer can't make firearms for selling, only for personal use. But those guns can be sold legally so long as the maker applies the required markings (like a serial number).

http://www.atf.gov/firearms/building_a_firearm.pdf

KBCraig is correct.  Regardless, the police will not be returning the homemade frames before the 24th and I am not planning to sell them.  I want to have them given to my son when he turns 18.  I'm hoping to get the court to order the police to surrender them to  my brother, who is willing to hold onto them until then.