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Thread: Boston man sues Erie county for confiscating and destroying guns

  1. #1
    Corporal
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    Default Boston man sues Erie county for confiscating and destroying guns

    FUAC

  2. #2
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    Dan chiacchia is a good lawyer, I had some guns confiscated illegally back in '08 and he got them back for me. Thank god they weren't destroyed I would have set fire to the police station. That's such b.s. that because a protection order in a divorce dispute can be grounds for confiscation. I guess that's just one more reason not to get married or register your guns. I have confidence that his lawyer will get some kind of retribution but some of those guns may be irreplaceable if they were recently banned all the money in the world won't get some of the guns back legally

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    General waldershrek's Avatar
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    Judges order firearms removal from people all the time in domestics and family court proceedings. This is the first time I've seen where the guns were destroyed though. Usually they are just held until the OP expires or the judge says they can be returned. Although I have seen too where the people don't want them back, then they get destroyed.
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    taking someone's firearms shouldn't be allowed in this situation. No due process.
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    General waldershrek's Avatar
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    Quote Originally Posted by Jman511115 View Post
    taking someone's firearms shouldn't be allowed in this situation. No due process.
    I see it daily....women says she's in fear for her life, judge orders police to remove firearms from his home and suspends their pistol permit.
    Embree Smith likes this.
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    Quote Originally Posted by Jman511115 View Post
    taking someone's firearms shouldn't be allowed in this situation. No due process.
    I understand where the law is coming from, in protection for the spouse who is filing. But, my problem becomes when the party is just doing it to be vindictive or spiteful about it, and the defendant really has no recourse what so ever to get away from it. And this is a case where a spiteful ex girlfriend/wife could have a lot of sway to screw their man over.

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    I know, it seems to be a standard part of a divorce proceeding and it's bull.
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    Major dirty dan's Avatar
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    does anyone actually think they got destroyed??? i bet they are in somones safe lol prolly got added to the judges personal collection
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    Captain 45Gunner's Avatar
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    Quote Originally Posted by dirty dan View Post
    does anyone actually think they got destroyed??? i bet they are in somones safe lol prolly got added to the judges personal collection
    I was just saying that to a friend. That if there was a couple AR15s or other PDWs, they just 'happened' to 'fall' into the armory.

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    If I were the judge, he would not only win, but get a hefty chunk for punitive damages!
    Robby

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    Colonel Embree Smith's Avatar
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    Quote Originally Posted by waldershrek View Post
    I see it daily....women says she's in fear for her life, judge orders police to remove firearms from his home and suspends their pistol permit.
    this also frequently happens if you are arrested for DWI, at least in Rochester

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    I have first hand knowledge on how poorly this system works. Without making this post too long, my then ex-wife (and current wife) had an order of protection issued against her by her then husband. (Confused yet) She was staying with me and our sons (yes I had custody) for lack of anywhere else to go and to be vindictive her husband got an OP against her. The sheriffs dept came ond confiscated her handgun (and permit) and made me remove all my firearms from my house or turn them in. They were a bit surprised at how many we needed to carry out to the neighbors and the handguns to someone else who had a permit. The one sheriff who knew the situation told me after they were gone to bring them back and that no one would be checking again. In the end the courts figured it all out and her gun and permit were very politely returned.

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    Captain chuck's Avatar
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    Quote Originally Posted by Buffalonian View Post
    Dan chiacchia is a good lawyer, I had some guns confiscated illegally back in '08 and he got them back for me. Thank god they weren't destroyed I would have set fire to the police station. That's such b.s. that because a protection order in a divorce dispute can be grounds for confiscation. I guess that's just one more reason not to get married or register your guns. I have confidence that his lawyer will get some kind of retribution but some of those guns may be irreplaceable if they were recently banned all the money in the world won't get some of the guns back legally
    Dumb thing to put on public forum.
    Funbuffalo likes this.

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    The artist formerly known as jhm8071 NirvanaFan's Avatar
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    Quote Originally Posted by Embree Smith View Post
    this also frequently happens if you are arrested for DWI, at least in Rochester
    Did this happen to someone you know? I know a couple people who have gotten DWIs (one in Rochester, one in a suburb) and they didn't get thirs taken away.
    "The greatest danger to American freedom is a government that ignores the Constitution." - Thomas Jefferson

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    Quote Originally Posted by dirty dan View Post
    does anyone actually think they got destroyed??? i bet they are in somones safe lol prolly got added to the judges personal collection
    Years ago being young and dumb I refused to pay a $50. bill I knew was BOGAS. I got a suppenoa to go to court and once again young and dumb said F.U. Came home a week or so latter and wife told me the state police had been there and had taken several of my firearms in lew of payment. If I wanted them back I had to be at there office with DAMM NEAR 4 TIMES the original $50. by that eve. They charged me the $50. +a buck a mile they drove to my house round trip + a sir chg. When I walked in there office I saw cops playing with my guns. They where trying to decide witch gun each would keep and how much each would pay of the bill. For a lousy $50. they took a Mod.94 win.+ a 16ga. mod. 37 Ithaca and a 16 ga.double Ithaca and at the time a $ 600. Ithaca 243.Moral of this? Don't tear up those little pieces of paper.

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