How to Prepare For A Red Flag Confiscation Order At Your House

TayNinh_66

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I guess I should save some time and not store out of state. I have a feeling coming before the judge - he'd want me to go get them back to Massachusetts.
If it's recorded in FRB..... and I do not want to go before a judge for any reason. and I don't want to pay a lawyer 15K to stand next to me while the judge does whatever he wants to do in any case.
 

Rob Boudrie

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Do I have the right to remain silent?
Yes, but the MA appellate court has ruled that doing so is a valid reason to revoke your LTC. See Commonwealth v. Godfrey.

Your theory here, that which you believe to be fact, isn't fact at all. If the police are court ordered, to come for your guns, the paperwork will obviously, also allow them to enter your home, in an effort to successfully retrieve your firearms.
Do you have any info to back this up? I have seen 209A forms that include an order to surrender guns, but contain no reference to involuntary entry or search authorization. Revocation letters generally mention all guns, high cap mags and ammo but do not contain a claim that the revocation authorizes a search.

Whether one is treated as a felon or as a law abiding subject who has lost a licensed right depends on a multitude of factors. It is not as simple as "... will happen".
 

namedpipes

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Being a wealthy person known to be generous to their town will go a long way towards being treated fairly by the police.

So my advice is to win the lottery and provide a dozen or so new cruisers, some bullet proof vests, maybe an open account at the local dunks and toss some money to the DPW for a new tractor or something. Maybe pay for a playground?

You'll never be bothered and if they MUST approach you for something like this, they'll be very polite.

Please note, even though obviously this is highly sarcastic in nature, if you follow the advice above, I'm confident you will be treated nicely.
 

Reptile

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They should employ the honor system to turn in the guns, mags, and ammo.

If you were holding back a gun at a different location or hidden under a hay stack, they would never be the wiser anyway.

You Would perjure yourself if you held back anyway so it won't matter if they collect the guns in a raid or if you hand them in.

The police have no idea how may guns you have. Their records are incomplete.

If swat come in, guns blazing, it wont go well for anybody.

A red flag confiscation could well lead to murder since the recipient won't be locked in jail - they may wish to seek revenge upon the caller.

You can't stop a determined man with a knife.
 
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M60

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They should employ the honor system to turn in the guns, mags, and ammo.

If you were holding back a gun at a different location or hidden under a hay stack, they would never be the wiser anyway.

You Would perjure yourself if you held back anyway so it won't matter if they collect the guns in a raid or if you hand them in.

The police have no idea how may guns you have. Their records are incomplete.

If swat come in, guns blazing, it wont go well for anybody.

A red flag confiscation could well lead to murder since the recipient won't be locked in jail - they may wish to seek revenge upon the caller.

You can't stop a determined man with a knife.

I don't mean to be contrary , but your data is inaccurate. A determined man with a knife, can absolutely be stopped, by a determined man, without a knife.
 

AHM

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If a spouse pulled the ERPO, include the value of your lost guns as part of the divorce settlement.
Hold that thought.

At least we know where they will be stored...for a fee.
Hold that thought, too.

I knew a guy who arguably had the First Intarweb Courtship.
Which went south.

Before the breakup, he managed to score a very rare
mainframe architecture minicomputer off of a corporate vulch pile.

He would swan about the Intarwebs,
bragging about his six-figure personal mainframe computer.
Until the breakup.

Suddenly his soon-to-be-ex was claiming it was a six-figure computer,
while he was claiming it was only worth pennies on the pound.

It wasn't that she wanted to own his computer to use it.
It wasn't that she wanted to screw him out of his computer out of spite.
It was that she wanted a six-figure offset in the community property settlement,
while he wanted a pennies-on-the-pound offset.

He ended up with the computer,
but I don't know how much it cost him.

So, a Mass. gun owner who gets falsely ERPOed
and then hires an epic shark of a divorce lawyer
might just manage to stick their ex for the Village Vault bill.

Well, we can dream, can't we?
 

enbloc

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Funny. Divorce lawyers might be the best suited for stopping an ERPO... on financial grounds.
 
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I know someone interested in this. His understanding expressed to me was only the firearms frame & action is actionable. In other words, your mags, ammo, and sighting items,.. etc. are excluded from seizure should one bring it to that conclusion ?

Is that incorrect?
Thx & Best wishes.....
 
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a73elkyss

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I read the article and all I took from it was: comply and hire a lawyer.

That's some keen insight!
So, next question. Do you pay a lawyer a retainer to be "on call" when and if this happens? I'm not talking about a company that offers gun insurance, but an actual local lawyer that handles gun issues. If so, what is a fair nominal retainer fee? I do understand, or maybe I don't, what exactly a retainer is or is not used for. I'm ready to learn.

Just curious. Good advice in the article.

Jay
 

AHM

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I know someone interested in this. His understanding expressed to me was only the firearms frame & action is actionable. In other words, your mags, ammo, and sighting items,.. etc. are excluded from seizure should one bring it to that conclusion ?
"Picked cleaner than a hound's tooth"
seems Massprudent.
 

Reptile

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Think they will only take your guns???

Ha!

They'll take everything that is gun related. Scopes, optics, slings, uppers, mags, bayonets, everything. I bet they will even take your fancy holsters as well. All your spare parts too like expensive triggers still in the box. All your ammo too.

One thing you could do if get wind of this...

Load up your car with all your stuff and head to NH.

Check into a hotel and put everything in storage the next business day.

Maybe then you can lawyer up in order to counter any ERPO allegations. Perhaps a lawyer can warn the local police that a disgruntled ex is on the war path.

Can the police force you to retrieve your stuff from another state? I doubt it unless you are a prohibited person.
 
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