New Boston, NH Police Chief abuses power Update Post #704

[carter]

So I received a letter in my mailbox today, and figured I would search for info about it.

As a New Boston resident, and as someone that had his Concealed license delayed past the state mandatory timeframe, (and I had to call the police station eventually to make sure I was getting mine), I'm very upset at how the people in his OWN TOWN are being treated.

My license was just a simple renewal, yet it took 20 to 21 days to get mine. I did everything in time to get it before my birthday and expiration date. The New Boston police department did everything (it seems) to drag it out, so my license expired and I was without. I wrote them a check on 1/3/2009, and did not receive my licence until the 23 or 24th of the same month.

Sorry I don't visit here often enough, but also glad to see my old account is still active.

You can count me in on getting this guy out.

Carter
New Boston, NH

 

[Loose Tool]

Interesting find in wikipedia when I looked up replevin:

Replevin actions may also be pursued by true owners of property, e.g., consignors seeking return of consigned property which the party in possession will not relinquish for one reason or another.

IANAL, and I don't know how well written the article is, but it seems to indicate that consigned articles are still considered the property of the original owner. If that's the case, then MFLR's March 3rd hearing might not go well. I am hoping that the whole bound book angle would still work.

I wouldn't depend on Wiki for the elements of a replevin action. Look to the NH RSA:

"536-A:2 Complaint. – The complaint or application shall be executed under penalties of perjury or be verified by oath and shall state:
I. That the applicant is the owner of the property claimed or entitled to the possession thereof and the source of such title or right and shall attach thereto a copy of any written instrument upon which such title or right is claimed.
II. The manner in which the property is wrongfully detained by the defendant, the means by which the defendant came into possession of the property and the cause of such detention.
III. A particular description of the property, a statement of its actual value, the location of the property and the name and address of the defendant and any other person in possession of the property.
IV. Whether or not the property is exempt from execution, and the name and address of any known lienholder. "

http://www.gencourt.state.nh.us/RSA/html/LV/536-A/536-A-mrg.htm

 

[terraformer]

So I received a letter in my mailbox today, and figured I would search for info about it.

As a New Boston resident, and as someone that had his Concealed license delayed past the state mandatory timeframe, (and I had to call the police station eventually to make sure I was getting mine), I'm very upset at how the people in his OWN TOWN are being treated.

My license was just a simple renewal, yet it took 20 to 21 days to get mine. I did everything in time to get it before my birthday and expiration date. The New Boston police department did everything (it seems) to drag it out, so my license expired and I was without. I wrote them a check on 1/3/2009, and did not receive my licence until the 23 or 24th of the same month.

Sorry I don't visit here often enough, but also glad to see my old account is still active.

You can count me in on getting this guy out.

Carter
New Boston, NH

It appears what you should do is take the text of your post, clean it up and formalize it for a letter and send it in to your town selectman. Apparently these things are not getting filed in writing and they have their hands tied with this guy.

 

[B1511]

I just got back from the Goffstown, NH District Court.
Todays hearing was on a "contempt" charge against Michael Murphy brought on by the Midget Chief of New Boston.
The Judge Lawrence dismissed the contempt charge on the firearms issue because the State did not prove it.
Murphy was only spanked for not turning in his "Hunting license" or his "LTC" that was part of the temporary order,and has until 4:00 today to do so.
Gee - How could you hunt,or carry without a gun???
Chief Little Munchkin Krajenka glared at me like I should have been afraid of him,when I smiled,he nearly went nuts.
This man has some serious issues,but I'm glad I'm keeping him up nights to think about them....

Next step is my writ of repleven schd for 3 March

I hope you make an example of him! It is about time that law enforcement like this learn that they are not above the law themselves!

 

[nhgreg]

It appears what you should do is take the text of your post, clean it up and formalize it for a letter and send it in to your town selectman. Apparently these things are not getting filed in writing and they have their hands tied with this guy.

Carter,

terraformer has it EXACTLY right... you need to write a letter to the Selectmen noting what happened, quote state law, and let them know that you are not happy. Putting things in WRITING is the only way for the Selectmen to get a valid case against this guy and get him out. As I've stated earlier in this thread, the Chief of Police is the hardest guy in the state to fire. If any of your friends and/or neighbors have complaints against the chief, they should file those too, in writing of course.

Good luck and be sure to follow through with your complaint.

 

[carter]

I explained state law to the nice lady who answered the phone and why I was calling to find out why it was late. Of course the said "It just went in the mail today", so I sort of dropped it there. The Post Mark on my envelope was also convienently unreadable... So I sort of let it go.

My check was written out and handed in the same day on November 3rd. I didn't get my license until the 23rd (I think), they cashed my check on the 24th, and I'm sure of that. Depspite all this, the license is dated the 20th of November anyhow.

So 20 - 3 = 17, which is over the 14 day state required law time frame. They also said I could not have family members on the form (again just a renewal, I already had one when I lived in Manchester, NH issued by the Manchester PD.), so I was confused by why I needed to be revetted.

My friends they called said that the officers calling really didn't sould like they wanted to be doing it, and didn't even have questions prepared, just off the cuff questions that had little relevence to the license really.

So I'm not sure who to contact yet, but I'll look into it, and at least write a formal letter and photocopy my stuff as proof, as I have it.

 

[cekim]

This thread makes you realize that we need to just need to designate one state/area in the US for people who want to micromanage other people...

We'll put them in there and put up a nice big wall...

Ideally, it would be an island so that you wouldn't even need a wall - just pull up the bridges and deploy the GE miniguns for any who try to escape...

Instead of SuperMax prisons, we will just dump convicted felons on this island as well - after all, these micromanagers need someone to manage who doesn't want to be managed or it just isn't fun...

 

[Half Cocked]

If he didn't own them, he can't sell them. It's that simple.

If it is that simple then provide me a cite/legal reference to support it. Does an auction house own the items that they sell?

 

[Half Cocked]

Had MFL paid something for the guns, it would be a different story

Agreed!

My take is that when they are logged into dealer inventory they are dealer property. Jack.

So you are of the belief that a gun brought in for a minor repair, that is entered into the bound book, is no longer owned by the person who brought it in?

 

[Shooters-Hooksett]

Agreed!



So you are of the belief that a gun brought in for a minor repair, that is entered into the bound book, is no longer owned by the person who brought it in?

In that example - only possession and disposition. As ATF said "it depends on your consignment agreement either verbal or written" on the issue of consignments.

 

[Half Cocked]

In that example - only possession and disposition.

So you agree on the fact that ownership does not change on the sole fact that a firearm is entered into the bound book?

As ATF said "it depends on your consignment agreement either verbal or written" on the issue of consignments.

I can buy that.... do you have a cite or where I can find that info?

 

[JGreen]

As a matter of policy, when I take a firearm in for consignment, it is noted on the customer receipt. The same rule applies when I act as the transfering agent only.The aquisition side of the bound book only records the origin of the item. The disposition side records the last where abouts of said item. In lieu of a 4473, I would submit that a contract, written or verbal would be the only tool that would convey ownership. Go get em' Jim!

 

[SMagee]

This thread makes you realize that we need to just need to designate one state/area in the US for people who want to micromanage other people...

We'll put them in there and put up a nice big wall...

Ideally, it would be an island so that you wouldn't even need a wall - just pull up the bridges and deploy the GE miniguns for any who try to escape...

Instead of SuperMax prisons, we will just dump convicted felons on this island as well - after all, these micromanagers need someone to manage who doesn't want to be managed or it just isn't fun...

Can I suggest Deer Island. Seems appropriate.

 

[Half Cocked]

In lieu of a 4473, I would submit that a contract, written or verbal would be the only tool that would convey ownership.

I would agree with that.

 

[cekim]

I would agree with that.

Silly question - isn't the issue of ownership secondary to MFLR's 4A rights?

 

[KBCraig]

http://unionleader.com/article.aspx...rticleId=20573d95-b042-4cb6-91ce-c5109dc86ccc

Man ordered to surrender gun licenses

By GREG KWASNIK
Union Leader Correspondent

GOFFSTOWN – A New Boston man at the center of a gun battle between a Manchester firing range and the New Boston Police escaped contempt charges in Goffstown District Court on Monday, but was ordered to relinquish his hunting and concealed weapons permits.

Michael Murphy, 37, was supposed to give up the licenses on Jan. 27, when his wife, Paula Murphy, won a domestic violence temporary protection order against him.

That same order also directed Murphy to cease "committing further acts of abuse or threats of abuse" against his estranged wife and to relinquish to police "a variety of weapons" in his possession.

Yesterday, Murphy was back in court facing charges that he had disobeyed the order by refusing to give police nine guns believed to be in his possession.

According to a Jan. 28 petition for contempt filed by the Hillsborough County Attorney, New Boston Police were able to recover nine guns that Murphy had placed on consignment at Manchester Firing Line Range.

The range's owner, James McLoud -- who has since contested the gun seizure -- told police that Murphy had taken nine additional guns out of consignment between Oct. 14 and Jan. 4.

When police asked for the remaining guns, Murphy said he had sold the firearms, but refused to name the buyers.

At yesterday's hearing, Hillsborough County Attorney Robert Walsh argued that Murphy had violated the protective order when he refused to locate the remaining guns.

Andy Harmon, Murphy's lawyer, countered by arguing that Murphy did not violate the order, since he no longer owned the weapons. Harmon also said that Murphy had gone beyond what the order asked by eventually providing the names of the buyers to the county attorney.

"What we have done is, we believe, been over-inclusive. What Mr. Murphy was required to do was to turn over weapons that he owns or are in his control."

Murphy, who took the stand yesterday, said he was powerless to account for the guns he had sold, since they were no longer in his control.

"I can't make people turn over firearms I no longer own," Murphy said. "I told them who owned them."

Two of those owners testified in court yesterday, explaining that they bought the nine guns -- and several additional firearms -- from Murphy on Jan. 5.

Denis Kirkell of Londonderry said he paid $5,000 for nine rifles. Kevin Pratt of Weare said he bought 12 guns for $1,000.

Walsh asked both men if they were merely holding the guns for Murphy, since the price they paid for the weapons was below their market value.

"I have not researched every single gun. I am not a gun expert," Pratt said. "I purchased the guns. I am not holding them for anyone."

In reviewing the evidence, Judge Paul H. Lawrence ruled that the state had not gathered sufficient evidence to find Murphy in contempt of court.

Lawrence did order Murphy to turn in his licenses by 4 p.m. yesterday, or face arrest.

In a separate but related issue, firing range owner James McLoud is headed to court to get Murphy's firearms back into his own possession.

McLoud, who has argued that the guns under consignment are technically his property, has filed a writ to have the weapons returned to him.

In an interview prior to yesterday's hearing, County Attorney Walsh said that New Boston Police Chief Christopher L. Krajenka did the right thing by seizing the guns from McLoud.

"Chief Krajenka correctly attempted to enforce the court's order when Mr. Murphy was evasive and non-cooperative," Walsh said. "He sought the advice of this office and followed that advice."

Other police chiefs from across New Hampshire have also given their support to Krajenka.

David Dubois, the president of the New Hampshire Association of Chiefs of Police, said his organization supports the enforcement of protective orders, especially for domestic violence issues.

"They're always difficult to address and what we support is the enforcement of the laws that are in place to keep people safe," Dubois said.

A hearing on McLoud's writ is scheduled for March 3 in Nashua Superior Court.

 

[Coyote33]

Hunting license? Does this cover bow hunting as well? If he has / had bows, do those also get confiscated?

 

[terraformer]

David Dubois, the president of the New Hampshire Association of Chiefs of Police, said his organization supports the enforcement of protective orders, especially for domestic violence issues.

"They're always difficult to address and what we support is the enforcement of the laws that are in place to keep people safe," Dubois said.

That's faint praise at best.

 

[carter]

Question:

How did the police know what he did and did not have for gun? Since there is no gun registration in NH, and I'm pretty sure I read somewhere where those records are not to be kept after 24 hours or something... I'd have to re-research on it.

Did Murphy just say what he had?

Heck, I'm only in my early 30's, but I've bought so many guns, and sold a bunch privately over the years, I have no idea who has them, where they went now, etc. I'd go to the Auction in Manchester, NH and (for example on my derringer kick) left with 6 pistols. A few years later decided I didn't want them, and now out of those 6 only own 1. I can only tell you were 1 went (to my uncle) at this point.

I find this whole thing very interesting and disturbing at the same time.

 

[Lamina]

Question:

How did the police know what he did and did not have for gun? Since there is no gun registration in NH, and I'm pretty sure I read somewhere where those records are not to be kept after 24 hours or something... I'd have to re-research on it.

Did Murphy just say what he had?

Heck, I'm only in my early 30's, but I've bought so many guns, and sold a bunch privately over the years, I have no idea who has them, where they went now, etc. I'd go to the Auction in Manchester, NH and (for example on my derringer kick) left with 6 pistols. A few years later decided I didn't want them, and now out of those 6 only own 1. I can only tell you were 1 went (to my uncle) at this point.

I find this whole thing very interesting and disturbing at the same time.

wait a second...

when and where are there gun auctions in manchester?

 

[drgrant]

Question:

How did the police know what he did and did not have for gun? Since there is no gun registration in NH, and I'm pretty sure I read somewhere where those records are not to be kept after 24 hours or something... I'd have to re-research on it.

Did Murphy just say what he had?

My money says he ran his mouth to police under threat of arrest for "contempt" especially if the police chief in question here was involved in serving the RO- as this chief strikes me s the type who would make an arrest even if it had no legal foundation.

-Mike

 

[carter]

wait a second...

when and where are there gun auctions in manchester?

Gun Auctions in Manchester, NH

http://www.amoskeag-auction.com/

Be prepared to spend 6 to 8 hours there. The first hour or two is amazing!!! I'm talking Christies auciton for guns. Guns that sell for over 20K up to 100K each! They've got a phone table set up and taking orders, and proxy bidders. You can also consign your gun there to be sold.

So the ultra rare stuff and full autos sell early, and the stuff that you and I would buy sell in the second half. Great time to go is in the fall when the dealers are buying a lot of hunting rifles, and the pistols go dirt cheap. Depends on what you're looking for. hit or miss, but there is always something there worth buying and having.

March 27th is the next auction date. Maybe I'll see you there?

 

[Martlet]

Question:

How did the police know what he did and did not have for gun? Since there is no gun registration in NH, and I'm pretty sure I read somewhere where those records are not to be kept after 24 hours or something... I'd have to re-research on it.

And this is a great example of WHY there shouldn't be gun registration. The Man goes to great lengths to disarm you.

 

[strangenh]

And this is a great example of WHY there shouldn't be gun registration. The Man goes to great lengths to disarm you.

Or perhaps the other side in the divorce action - requesting the order - might be the source of the information? In which case, here it was the woman who went to lengths to disarm him.

 

[Martlet]

Or perhaps the other side in the divorce action - requesting the order - might be the source of the information? In which case, here it was the woman who went to lengths to disarm him.

Yes, she did, using a law enacted with good intentions, but like most other things in government, is now used outside it's intended purpose.

 

[strangenh]

Silly question - isn't the issue of ownership secondary to MFLR's 4A rights?

It could be, assuming MFLR has a 4thA protectable interest or assuming the officer went beyond the authority of the order/warrant that none of us has seen. Let's also keep in mind it's in state court, so, Jim's attorney will be raising state protections against unlawful action.

I would agree with that.

Yeah, a filled out, signed 4473 is a pretty good sign a title sale transaction took place. The 4473 basically is a writing supporting the existence of a contract to sell. It even calls itself a record of the transaction. (A contract isn't necessarily one neat piece of paper. A bill of sale could be another writing supporting it. It's perhaps an academic-seeming difference, but way too much weight keeps being given to magic books and forms in this thread.) Contracts - which are the engine that moves the title to chattel property under most circumstances - are both simpler in execution and more complicated in their many forms than that. Note that the 4473 doesn't have a price field on it, so while it alone may be evidence of intent to transfer title, it alone isn't a contract; the price (verbally or on a bill of sale) is a necessary component. Since the 4473 reflects intent to transfer and has a record of everything but the price, it would be very hard to find circumstances where a filled-out 4473 signed by both parties wouldn't be rock-solid evidence of title transfer. Given a bill of sale in addition, it's a slam dunk. Ain't contract law fun?

 

[strangenh]

Yes, she did, using a law enacted with good intentions, but like most other things in government, is now used outside it's intended purpose.

Just another plot by the Woman to have the Man bring us down?

I agree protection orders are used outside their intent (and if you believe the stats DeBecker talks about, they are also ineffective in the very circumstances most people think they are necessary). But let's pause to note that all the talk asking how anyone knew which guns he had has a rather dull, likely explanation - his spouse may have told the judge.

 

[Scrivener]

Yes, she did, using a law enacted with good intentions, but like most other things in government, is now used outside it's intended purpose.

And how do you know this was such a case?

We know only a few of the key facts in the seizure and NOTHING about the relationship in question. Declaring that the abuse order was issued "outside it's intended purpose" is, to put it charitably, a tad presumptuous.

 

[Martlet]

And how do you know this was such a case?

We know only a few of the key facts in the seizure and NOTHING about the relationship in question. Declaring that the abuse order was issued "outside it's intended purpose" is, to put it charitably, a tad presumptuous.

True. I withdraw the statement.

 

[one-eyed Jack]

What's with this 4473 thing that you guys keep bringing up? Nothing goes into dealer inventory via 4473. A contract could specify the future disposition, such as legal return after a certain time, sell them for me, transfer to other parties, etc. Jack.