Sticky situation-RESOLVED!

It's obvious that we don't know all the facts here.

If this happened while you were in the military and thus unable to protest it, you should have turned it over to JAG. It's my understanding that you are given some additional protections while on active duty and JAG is there to assist you.

Now is now, however!

Here's my current advice based on the scant info we have to work with:

- Go see a competent firearms attorney, then

- Make an appointment for the 2 of you to visit with the chief.

- Ignore IA within a PD . . . very unlikely to find any "wrong doing" within based on the word of an outsider (unless you broadcast a videotape of said wrongdoing)!

- Failing that, a visit to the Town Manager and/or Selectmen would be appropriate.

- Failing that, I'd consider filing a complaint with the State Inspector General's office. I am no expert on their authority, but what little reading I have done seems to indicate that they have power over the "abuse of power" by other gov't officials "under the color of law".

- A lawsuit should be the last choice. I don't have any faith in our judicial system and when it comes to guns in MA, I have even less faith on a fair outcome.
 
Your CO is a a**h*** for surrendering your property to a third party.

+1 to what Len said. Call the JAG.

B
 
I'm just off the phone with the PD and have some new information/questions. LenS, you used to work in law enforcement, right? Could you enable PMs or send me an email so I can ask you a couple of questions regarding promotions and rank in th LE world? This applies to ANYONE who's been in Law Enforcement, preferrably in a small to medium sized department.


To everybody else: I hesitate to post this openly for good reasons, and because I really don't want to make trouble for anyone not deserving of it.
 
I won't turn on PMs (they get swamped in a day and max out), but you can Email me direct from any post I have made.

Just put "NES" in Subject line so I know it's not Spam from an unknown source.

If these guns were handed over from a military facility (where civilian law enforcement has NO jurisdiction) to a civilian PD, I STRONGLY suggest getting JAG involved. As this sounds like some "military impropriety" as well as "civilian impropriety"! IANAL

ETA: Tonight is the second of four very long nights at Town Meeting, so don't expect a "rapid response" from me on any Email or post.
 
From what I hear, another thing you may have to consider, is that many departments have daily storage fees that quickly (perhaps even purposely?) become higher than the worth of the firearm.
 
Mass compliance issues

Simple question, but I'm having a hard time finding where in the law this issue is covered. I moved into Mass with one pistol and bought one from WChandler, lost my LTC when I moved out of state, the PD has them and is now waffling on releasing them within Massachusetts.

The guns are a Sig 229 and an XD Compact. The Sig is on "the list", the XD is not. The PD is claiming they cannot release them to anyone in Massachusetts because they are not compliant. I'm under the impression that the list does not prohibit posession of those pistols, but simply prevents dealer sales of those pistols. Am I right, and where in the MGL is this covered?
 
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You already have a thread about this issue, why do you need to make another?

Short answer is that they are feeding you a load of BS, and are illegally keeping your guns from you. I would contact an attorney.

No need to make another thread discussing the same situation. You've already received advice from multiple people.

http://northeastshooters.com/vbulletin/showthread.php?t=19821

Continually posting here will not do anything about it. The PD will not release your firearms to you or an FFL unless you are prepared to take legal action. Get in contact with Scrivener or Cross-X and see how much it would cost for them to send a letter to the PD. Anonymous posters on an internet message board cannot help you with this situation, nor will knowing MGLs if you aren't willing to follow through on this.
 
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I will post an update, since apparently my above post wasn't clear enough.

I spoke to the Detective's supervisor. He referred me to the Chief. They have promised to release the guns (in writing), but no one there seems to be able to make a decision as to wether they can release them to someone IN Massachusetts, and they've admitted to having no idea where to find the answer. They want to have them shipped to an FFL here at my expense. I would prefer to sell the XD back to WChandler (so it doesn't leave Mass), and have a friend (who is an LTC holder) bring the Sig down here when he comes down later in the summer. I had been told that the guns would be ready to be picked up today...but they weren't, and the PD seems to be too lazy to do their own research. I've found that the average cop isn't up on the gun laws, and that being polite and respectfully providing sources of information to answer their questions and concerns works better than threatening them with a lawyer.


So, short answer: They're giving my shit back, because they recognized misconduct on the part of one of their own. I don't need to take legal action...I just need to be polite, and provide verifiable information to expedite the situation, because going off and suing people when there are other options is stupid.


Vellnueve, would you take the same tone with me in person that you just did in your post? Your statement about them not releasing my property was absolutely incorrect. I wouldn't go giving you snide replies to a question when I don't have an answer, and would appreciate the same consideration.
 
Yes, I would take that same tone. There is no reason for you to clutter up the board with three seperate threads about the same thing asking for help where you have obviously not done your own research nor apparently read the several dozen responses to this thread. Obviously someone agrees as your newest thread was merged into this one.

Contacting an attorney is not necessarily the prelude to a lawsuit, instead it can be a (relatively) inexpensive way of prodding the higher-ups at a PD into action when someone at the lower levels is screwing up. As someone before said, you can have an attorney send a letter or meet with the chief, and get something done, faster, without the need for a suit, which is clearly NOT an option in this case (unless you want to spend several thousand dollars minimum for a couple of handguns worth maybe $500 apiece.

Splitting your threads is 1) a cry for more attention to yourself 2) unhelpful in that it prevents posters from seeing more important information about your situation that could be helpful in crafting their responses and 3) clutters up the board.
 
So, you've completely ignored the fact that your initial statement was absolutely incorrect, and you've tried to gloss over the fact that this post was only moved AFTER you brought it up.

I posted it as a seperate thread, because it's a completely different topic. I Googled, because the search function on this board sucks, and was rewarded with about a thousand generic entries, none seeming to be MGL statutes. As for not reading the numerous posts in this very thread, maybe you should go back, and read my posts in which I responded to many of them. After you've finished that, scroll back up to where I clearly stated that the situation is being resolved with zero contact with a lawyer, and re-read that.

As for cluttering up the board, it could be said that you're cluttering the thread and wasting bandwith by posting the exact same suggestions which, while appreciated, I've managed to avoid using and taking a very disrespectful tone.
Lastly, yes...it was a cry for attention. My daddy didn't love me enough (or was it too much?), and I figured that would provide the best exposure for the question, since it is not really the same issue as this thread concerns.


So, thank you for your opinions. I have chosen to pursue a less adversarial route to resolution than you advocate. If you have an answer to the question, I would appreciate that, but I won't hold my breath.
 
All right people, now here this. This is not Glocktalk, Arfcom or some of the other places where rudeness and pissing contests are considered acceptable behavior, even expected. If someone's failure to look elsewhere for for an answer disturbs you, either learn to educate them politely or simply ignore them. If somebody cops an attitude with you, just ignore them until one of the mods weighs in; that way you're unarguably the innocent party.

If you can't take the polite suggestions from Mother, or get it when I spell it out, then take it someplace where acting like a jerk is looked on with admiration. Thanks.

Ken
 
I'm sorry I'm not suing anyone. I'm sorry I choose to use every last option in the police chain of command before taking my problem with ONE officer out of the hands of her supervisors. It's just the Army in me to exhaust all my options within the CoC before going to JAG or the IG. It sure seems to be working...I guess we'll see when/if I have the guns back in my hands.
 
I just figured I would let you all know that my firearms are being picked up Thursday. Thank you very much for the advice and sympathy of those of you who posted, and the motivation from those who were naysayers. I did have to nag quite a bit, and did wind up threatening legal action (politely), but they have apparently decided that going to court after ignoring the law three times would be a bad idea.
It's a shame that Massachusetts can't or won't enforce it's own laws upon the people who are charged with and paid to enforce them. Hopefully someday the Feds will find the balls and common sense to actually enforce the principles upon which this country was founded.


Even if they don't, I'm going back down South next month and not coming North until my non-res LTC is issued. :-D
 
I just figured I would let you all know that my firearms are being picked up Thursday. Thank you very much for the advice and sympathy of those of you who posted, and the motivation from those who were naysayers. I did have to nag quite a bit, and did wind up threatening legal action (politely), but they have apparently decided that going to court after ignoring the law three times would be a bad idea.
It's a shame that Massachusetts can't or won't enforce it's own laws upon the people who are charged with and paid to enforce them. Hopefully someday the Feds will find the balls and common sense to actually enforce the principles upon which this country was founded.


Even if they don't, I'm going back down South next month and not coming North until my non-res LTC is issued. :-D


Glad you're getting them back!
 
"I disagree. Property is property, and I've never done anything that disqualifies me from owning firearms or having a CCW permit anywhere, except apparently Massachusetts. Where in the law does it say that they can keep my property, and if it doesn't, where do they get the right to break their own laws?"

ARE YOU SURE?

"I live in South Carolina now. I was stationed in Massachusetts for the Army. The notice of suspension was sent to my old unit in Massachusetts, where my pistols were being stored in the arms room, while I was in Virginia. I was never notified personally until the Detective in question had already taken posession of the pistols, and I had returned to Mass (after the 90 day period for appeals had expired)."
WHERE DO YOU LIVE?
WHY WERE YOU IN VIRGINIA? TELL THE TRUTH.


"I've been looking online quite a bit lately, and have found basically nothing to reference this issue. My LTC was suspended by Natick PD when I left the Army. There were no criminal charges, no mental health issues, and no contact with the police in any way that could have lead to a suspension. No justification or reason has been provided, and I was out of state and unable to begin the appeal process within the 90 day "window".

WHEN YOU LEFT THE ARMY? ONCE AGAIN, TELL THE TRUTH.
NO CRIMINAL CHARGES AND NO CONTACT WITH POLICE? AGAIN, HOW COME YOU WERE OUT OF STATE?

FOIA IS A POWERFUL TOOL.
 
...
ARE YOU SURE?
...
WHERE DO YOU LIVE?
WHY WERE YOU IN VIRGINIA? TELL THE TRUTH.

...
WHEN YOU LEFT THE ARMY? ONCE AGAIN, TELL THE TRUTH.
NO CRIMINAL CHARGES AND NO CONTACT WITH POLICE? AGAIN, HOW COME YOU WERE OUT OF STATE?

FOIA IS A POWERFUL TOOL.

OK "Watch Dog", we're all watching. If you've actually got some rational reason to believe that wilkinshire did anything to justify losing this guns, please share it with us. Otherwise, please leave baseless innuendo to the real experts at the National Inquirer and the Boston Globe.

Ken
 
Ditto!

OK "Watch Dog", we're all watching. If you've actually got some rational reason to believe that wilkinshire did anything to justify losing this guns, please share it with us. Otherwise, please leave baseless innuendo to the real experts at the National Inquirer and the Boston Globe.

Ken

Seems like a fair request to me
 
Congrats on getting possession of your guns back! I agree with you, no need to go through legal trouble and expense if the problem can be resolved another way. It's not like suing would set some major precedent that would change law or anything.
 
WHERE DO YOU LIVE?
WHY WERE YOU IN VIRGINIA? TELL THE TRUTH.


WHEN YOU LEFT THE ARMY? ONCE AGAIN, TELL THE TRUTH.
NO CRIMINAL CHARGES AND NO CONTACT WITH POLICE? AGAIN, HOW COME YOU WERE OUT OF STATE?

FOIA IS A POWERFUL TOOL.
So is FUD...

WTF is going on here? When did this turn into the Spanish Inquisition? [thinking]
 
So is FUD...

WTF is going on here? When did this turn into the Spanish Inquisition? [thinking]

"No One Expects The Spanish Inquisition!"

Spinquisition.jpg
 
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