need some help here

You need a good firearms attorney. If any of the mags are post-ban large-capacity and if a telescoping stock is on the AR (post-ban) and not "fixed position", I'm afraid that you are in for a bad fall and Fed PP status. Atty Jason Guida would be my "go-to" attorney, but there are others on NES as well.

Good luck.
 
so late december 2020, my soon to be ex wife had a 10 day temp restraining order put on me. turned all my guns in. the pd is charging me for having pmags for the AR, 2 metal 30rnd mags, and a telescoping stock as well as a pistol grip on the AR. do i have a leg to stand on here? any help here would be much appreciated.
What do you mean "do I have a leg to stand on"? You told us what your being charged with and that's it. How the f*** would we know?

If your mags are post ban high cap your f***ed.

If the rifle has those features and post ban your "probably" f***ed.

Only you know the answers to those questions....and DO NOT POST THE ANSWERS HERE.

Call a damn good fire arms attorney and delete this thread.
 
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Sorry to hear about your situation. Definitely reach out to Jason Guida and/or Neil Tassel (nstassel here on NES).

Can I just ask in these restraining order situations, do the cops search your house/gun safe and confiscate your guns? Unannounced?
 
Should be an interesting case- let us know how it goes.

After Healey's edict in 2016 there is a still a lot of unknowns surrounding the MA AWB. One thought is that if she considers all AR's to be assaulty regardless of features, then the feature test doesn't really matter. I'm definitely not a lawyer so don't take what I say as gospel.

From her FAQ (which is also totally not law, but may shed some light):



"If a weapon is a copy or duplicate of one of the enumerated models under one of the tests in the Enforcement Notice, it is a prohibited weapon, even if it does not have certain features such as a flash suppressor and a collapsible stock. In other words, a gun that meets one of the tests is an Assault Weapon – even if its flash suppressor is removed and/or its stock is pinned in a fixed position.

The Features Test, as referenced in state law and set out in the Enforcement Notice, is a separate and independent basis for concluding that a weapon is a banned Assault Weapon."

Also:

"If a weapon is a copy or duplicate of one of the models enumerated in the law, it is an Assault Weapon. The Enforcement notice will not be applied to possession, ownership or transfer by an individual gun owner of weapons obtained on or before July 20, 2016."



Clear as mud.

On the mag's you are f***ed either way.
 
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Can I just ask in these restraining order situations, do the cops search your house/gun safe and confiscate your guns? Unannounced?


When my friend went through this, he found the officers waiting for him at his home with a warrant. They just asked him to show them where he stored his firearms and they took anything remotely gun related. Even optics, flashlights, mags, barrels, etc. You get a receipt with everything they took.

I'm not going to tell you how to beat the law, but I will say that they didn't do any other searches other than his workshop/gun safe area. YMMV

A funny anecdote from this was that he had a bunch of not so legal items confiscated. They either didn't know or didn't care and once his case was dropped he got everything back.
 
When my friend went through this, he found the officers waiting for him at his home with a warrant. They just asked him to show them where he stored his firearms and they took anything remotely gun related. Even optics, flashlights, mags, barrels, etc. You get a receipt with everything they took.

I'm not going to tell you how to beat the law, but I will say that they didn't do any other searches other than his workshop/gun safe area. YMMV

A funny anecdote from this was that he had a bunch of not so legal items confiscated. They either didn't know or didn't care and once his case was dropped he got everything back.
A work buddy of mine years ago went through a divorce situation with respect to his guns and a soon to be ex but he was able to turn it on her. They owned a home and he was refusing to move out because you know.....he owns the house too. Anyway he got a lawyer when they decided to start the divorce proceedings. He owned a few guns but his soon to be ex never wanted anything to do with them. He kept them in a safe in the den. His lawyer told him take all your guns and transfer them at an actual ffl to someone else (he transfered them to his dad).......take all the transfer receipts....put them in the empty safe ans lock it......do not tell your wife what you did. A couple months later it paid off. He got into an argument with her and she called thr po po. When the cops got there she said he threatened her woth a handgun. He sat in the kitchen chair totally silent while she made her bullshit statement. She told the cops that he put the handgun back in the safe before they arrived. Cops went to him and said where is the gun. He said I don't own any guns anymore......sold em all to my dad two months ago. Opened the safe (yes the one she claimed he put it back in) and its totally empty except for the receipts. Cops took her out in cuffs for false police report and obstruction of justice. Best part is when he opened the safe door and the cops told her it was empty she got red in the face......and vomited all over the floor.....she knew she was f***ed.

Perfect plan! He made out ok on the divorce too. 🤣
 
SHUT UP LAWYER UP,

Ask a Moderator to delete this post because your situation could easily be traced back to you and anything you say WILL be used against you
 
A work buddy of mine years ago went through a divorce situation with respect to his guns and a soon to be ex but he was able to turn it on her.

Yep, good advice. I always tell any of my friends going through rough patches with women to dump their guns for a few weeks or months until it cools down. They have weaponized gun ownership and its a REALLY effective tool to get you locked up.
 
Just delete this and get a attorney. Your Handle is literally your name.

Good luck though
 
Get an attorney asap, and first thing I'd ask is how to keep the guns out of a bonded warehouse(and if they're there already get them out asap). Not sure where you are but if in SE MA and you need help PM me.
 
Most cops don't know crap about gun laws at that level or the guns themselves.
How is Barney Fife determining that one mag is post-ban and another is preban?
 
Most cops don't know crap about gun laws at that level or the guns themselves.
How is Barney Fife determining that one mag is post-ban and another is preban?
They can just assume that they are all post-ban and force you to prove otherwise. Not the way that it is supposed to work, but I've witnessed this first hand . . . I was the proof that the prosecution was full of shit.
 
A work buddy of mine years ago went through a divorce situation with respect to his guns and a soon to be ex but he was able to turn it on her. They owned a home and he was refusing to move out because you know.....he owns the house too. Anyway he got a lawyer when they decided to start the divorce proceedings. He owned a few guns but his soon to be ex never wanted anything to do with them. He kept them in a safe in the den. His lawyer told him take all your guns and transfer them at an actual ffl to someone else (he transfered them to his dad).......take all the transfer receipts....put them in the empty safe ans lock it......do not tell your wife what you did. A couple months later it paid off. He got into an argument with her and she called thr po po. When the cops got there she said he threatened her woth a handgun. He sat in the kitchen chair totally silent while she made her bullshit statement. She told the cops that he put the handgun back in the safe before they arrived. Cops went to him and said where is the gun. He said I don't own any guns anymore......sold em all to my dad two months ago. Opened the safe (yes the one she claimed he put it back in) and its totally empty except for the receipts. Cops took her out in cuffs for false police report and obstruction of justice. Best part is when he opened the safe door and the cops told her it was empty she got red in the face......and vomited all over the floor.....she knew she was f***ed.

Perfect plan! He made out ok on the divorce too. 🤣
Literally, the best story I have heard this year!
 
A work buddy of mine years ago went through a divorce situation with respect to his guns and a soon to be ex but he was able to turn it on her. They owned a home and he was refusing to move out because you know.....he owns the house too. Anyway he got a lawyer when they decided to start the divorce proceedings. He owned a few guns but his soon to be ex never wanted anything to do with them. He kept them in a safe in the den. His lawyer told him take all your guns and transfer them at an actual ffl to someone else (he transfered them to his dad).......take all the transfer receipts....put them in the empty safe ans lock it......do not tell your wife what you did. A couple months later it paid off. He got into an argument with her and she called thr po po. When the cops got there she said he threatened her woth a handgun. He sat in the kitchen chair totally silent while she made her bullshit statement. She told the cops that he put the handgun back in the safe before they arrived. Cops went to him and said where is the gun. He said I don't own any guns anymore......sold em all to my dad two months ago. Opened the safe (yes the one she claimed he put it back in) and its totally empty except for the receipts. Cops took her out in cuffs for false police report and obstruction of justice. Best part is when he opened the safe door and the cops told her it was empty she got red in the face......and vomited all over the floor.....she knew she was f***ed.

Perfect plan! He made out ok on the divorce too. 🤣
That is pure gold !! and one massive pro tip!
 
Pro tip, don't quote the OP and then recommend he delete the thread. You just prevented him from taking care of the problem himself.
He can contact a mod to delete the whole thing right? They do it from time to time.
 
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