How do I get my shotgun back?

[Saltwater60]

I just talked to my lawyer and he doesn’t seem hopeful either. He told me to send him a picture of my certificate of disposition he’s going to put a request. He said it probably won’t work and that I’ll have to get the Supreme Court involved.

Try filing a civil right violation federally. These get settled all the time. I would make it well known you are not a criminal and you have the right to get that firearm back. When they destroy it file a lawsuit. I would get all these papers in order and file a small claims lawsuit for the shotgun or the cost to see what happens. If nothing else you’re being a pain in their ass and hopefully some one will have to show up.
Make no mistake this is illegal but the Supreme Court of NYS is what is needed to get your guns back from my knowledge. Best of luck.
Or call the police and report a theft!!

 

[Nevar]

Face it . The fuckin zero do nothing heros in blue don't want you to have Shotgun back.. Some \ brass wants it .

 

[Steal2B]

It sounds like you are in Congressional District 17.

Call Mike Lawler's office.

He may take calls during his transition before his NY17 inauguration in January.

Give him a chance, he or his staff might suprise you.

 

[Saltwater60]

Face it . The fuckin zero do nothing heros in blue don't want you to have Shotgun back.. Some \ brass wants it .

This doesn’t occur anymore for what I understand. It all has to be destroyed. My local PD has many valuable guns that will be destroyed and it breaks my heart. I tried getting some and laying the owners since I know some of the cops and they can’t. My brother is a cop and there’s a colt python in the melt pile. No go.

 

[Laru845]

It sounds like you are in Congressional District 17.

Call Mike Lawler's office.

He may take calls during his transition before his NY17 inauguration in January.

Give him a chance, he or his staff might suprise you.

Ok will do

 

[Acer-m14]

Hello I was charge with menacing 2nd degree and criminal possession 4th degree. I was not found guilty. I tried getting my shotgun back from the police department and I showed them a certificate of disposition. They said it doesn’t prove nothing. They told me I needed a letter from the court. The court told me I needed to call the DA department and the DA told me I needed to talk to my lawyer. My lawyer told me that they would make me run in circles because they don’t just won’t want to give it back to me, my lawyer said they do that to everybody. My lawyer told me I could just go get a new one, which I tried but my background is now delayed. It’s been a little over a week. Any tips on how I can get my first (2nd) shotgun back? I’m from Haverstraw Rockland County New York.

i see none of that listed in the 2A .. not one word of shall not infringe unless you did something after it

The Institute for Justice

The nation's only libertarian, civil liberties, public interest law firm. IJ litigates in state and federal courts around the country on behalf of our most fundamental rights, including private property, economic liberty, free speech and educational choice.

ij.org

 

[spat]

This doesn’t occur anymore for what I understand. It all has to be destroyed. My local PD has many valuable guns that will be destroyed and it breaks my heart. I tried getting some and laying the owners since I know some of the cops and they can’t. My brother is a cop and there’s a colt python in the melt pile. No go.

The local guys might be just following orders, but the guys who issue those orders are cops too.

 

[pshift]

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nygunforum.com

 

[Jmac00]

I rather fight for our rights

ya, everyones been hearing that shit for 40 years, how's that working out for you guys.

I left New Yorkistan last year, I lived in that state for 58 years. In 2013, it became crystal clear the state is doomed, with the passage of the UN-safe act, and being a pussy ass sanctuary state, and budget corruption, you have ZERO chance of succeeding

25 states now have Constitutional Carry. I have been to all of them so far. You'll be amazed at how beautiful the rest of the country is, and how free it is ( at least for awhile ).

Get the fuck out of there. Enjoy the beauty and freedom the rest of the country has to offer

 

[fresch]

2x4
Pipe
Pipe straps
Big washer
Dead bolt
Stretchy rubber (pharmaceutical)
Time
Bingo bango go bango

 

[Vapor]

This doesn’t occur anymore for what I understand. It all has to be destroyed. My local PD has many valuable guns that will be destroyed and it breaks my heart. I tried getting some and laying the owners since I know some of the cops and they can’t. My brother is a cop and there’s a colt python in the melt pile. No go.

It very much depends based on region. Here I know for sure some still make it home with people in the PD. How? My older brother is friends with a local PD officer that's worked in several local jurisdictions. He says it happens all the time, especially with nice hand guns.

 

[Saltwater60]

It very much depends based on region. Here I know for sure some still make it home with people in the PD. How? My older brother is friends with a local PD officer that's worked in several local jurisdictions. He says it happens all the time, especially with nice hand guns.

Yes it does but not to surrendered or confiscated ones. If some one comes in and says I don’t want this gun my so and so had then the cops can buy it off them. Once it get vouchered it’s done because the state police pick them up and melt them down. If there are guns missing and they end up used in a crime oh boy I’m sure that a lot of people will get fired. The guns that are vouchers as far as I know can’t go anywhere except to the state police for meltdown. Does it happen? Maybe here and there buts it’s a state rule not a local rule.
My dad was a cop for 35 years and they stopped this 30 years ago. He wanted to get me a shotgun out of lock up for hunting when I was 12-13 and the chief said no can’t do it anymore. Meet me here for lunch. He gave me one out of his own personal stash.
On the flip side my dad did get a 1911 for $175 from a lady that just said I’ll take anything for it and it was worth $700. This still happens today.

 

[byron]

seen an ad for a gun buyback not to long ago it stated all guns destroyed except those with historical value. Oh look!! a historical AK

 

[Laru845]

ya, everyones been hearing that shit for 40 years, how's that working out for you guys.

I left New Yorkistan last year, I lived in that state for 58 years. In 2013, it became crystal clear the state is doomed, with the passage of the UN-safe act, and being a pussy ass sanctuary state, and budget corruption, you have ZERO chance of succeeding

25 states now have Constitutional Carry. I have been to all of them so far. You'll be amazed at how beautiful the rest of the country is, and how free it is ( at least for awhile ).

Get the fuck out of there. Enjoy the beauty and freedom the rest of the country has to offer

I got a court order, ya think they would still not give it back?

 

[Jmac00]

I got a court order, ya think they would still not give it back?

nope, my bet is the police dept will simply ignore the court order. Just like they did down on Long Island. If you want that gun back, spend $2000 on a lawyer and sue them, THATS what it will take to get that gun back.

You don't get it, yet. **THEY** don't care. Nothing will happen to them, if they lose, it comes out of YOUR TAXES, (not mine, I left) the Judge will admonish them and they will keep on going. THEY. DON'T. CARE.

 

[FRANKIE]

I got a court order, ya think they would still not give it back?

JTS?
Now I understand more how that evil AK looking gun fit there narrative

 

[Laru845]

ya, everyones been hearing that shit for 40 years, how's that working out for you guys.

I left New Yorkistan last year, I lived in that state for 58 years. In 2013, it became crystal clear the state is doomed, with the passage of the UN-safe act, and being a pussy ass sanctuary state, and budget corruption, you have ZERO chance of succeeding

25 states now have Constitutional Carry. I have been to all of them so far. You'll be amazed at how beautiful the rest of the country is, and how free it is ( at least for awhile ).

Get the fuck out of there. Enjoy the beauty and freedom the rest of the country has to offer

nope, my bet is the police dept will simply ignore the court order. Just like they did down on Long Island. If you want that gun back, spend $2000 on a lawyer and sue them, THATS what it will take to get that gun back.

You don't get it, yet. **THEY** don't care. Nothing will happen to them, if they lose, it comes out of YOUR TAXES, (not mine, I left) the Judge will admonish them and they will keep on going. THEY. DON'T. CARE.

Oh wow… after I posted that I noticed that the court order isn’t even signed yet I gotta wait to see if the judge agrees.

damn does anybody have a positive story on here?

 

[Laru845]

JTS?
Now I understand more how that evil AK looking gun fit there narrative

Yea it’s a JTS X12PT, honestly I didn’t do my research if I did I would’ve gotten a Mossberg in the first place. Right now my NICS is delayed on a Kel-Tec KS7 I tried to purchased (also without research) and a maverick 88. The 88 is paid for already and I got the receipt, I been delayed for almost 2 weeks now. I don’t want the KS7 anymore so I don’t care about that background check. I suspect having two NICS going on at the same time is probably bad

 

[S&W Fan]

I got a court order, ya think they would still not give it back?

https://nygunforum.com/attachments/ee7a8ac1-f2db-43f3-8e03-309aa461c2f0-png.184235/
I don’t think you’ll get too far with an unsigned court order

 

[spat]

nope, my bet is the police dept will simply ignore the court order. Just like they did down on Long Island. If you want that gun back, spend $2000 on a lawyer and sue them, THATS what it will take to get that gun back.

You don't get it, yet. **THEY** don't care. Nothing will happen to them, if they lose, it comes out of YOUR TAXES, (not mine, I left) the Judge will admonish them and they will keep on going. THEY. DON'T. CARE.

If they don't give it back, tell the judge that issued the order. He should hold them in contempt.

Lock someone up in their own jail until they cough up the gun.

 

[Jmac00]

If they don't give it back, tell the judge that issued the order. He should hold them in contempt.

Lock someone up in their own jail until they cough up the gun.

didn't RR Bean have a big problem with a case on LI, the judge ordered the firearms returned to his client, and the chief of police basically ignored the court order. The local DA ignored it as well. He has not updated the thread, so I have no idea how that worked out.

 

[Laru845]

https://nygunforum.com/attachments/ee7a8ac1-f2db-43f3-8e03-309aa461c2f0-png.184235/
I don’t think you’ll get too far with an unsigned court order

I noticed after I post it that it was unsigned, was too excited.

 

[Saltwater60]

Get the order signed and present it to them. It’s a signed order by the judge and maybe enough, but from what I know they want it from a Supreme Court judge in NYS.
If they refuse I would let them know you will be taking further legal action.
Here is a guide for filing in small claims court. For the time and the bit of money it costs it might be worth being a pain in their ass.

Small Claims | NY CourtHelp

 

[dwa12479]

If it has sentimental value, there's a lot of good advice in here.

If not, let it go. You're fighting an enemy with a literal endless supply of money. (Your own tax money besides)

 

[holdover]

Do it, and set up a gofundme

Now your talking.

 

[MuttCat]

I favor the small claims approach, but best of luck any which way.

 

[Laru845]

If they don't give it back, tell the judge that issued the order. He should hold them in contempt.

Lock someone up in their own jail until they cough up the gun.

Get the order signed and present it to them. It’s a signed order by the judge and maybe enough, but from what I know they want it from a Supreme Court judge in NYS.
If they refuse I would let them know you will be taking further legal action.
Here is a guide for filing in small claims court. For the time and the bit of money it costs it might be worth being a pain in their ass.

Small Claims | NY CourtHelp

Thank you

 

[Laru845]

If it has sentimental value, there's a lot of good advice in here.

If not, let it go. You're fighting an enemy with a literal endless supply of money. (Your own tax money besides)

My lawyer said just get a new one , which I tried. But I been on delayed for 2 weeks now and I read on here that if you don’t get green light the first 3 days they probably going to make you wait the 30 days and start over again.

 

[Laru845]

I favor the small claims approach, but best of luck any which way.

Thank you, I will try that if I get the signed court order.

 

[spat]

My lawyer said just get a new one , which I tried. But I been on delayed for 2 weeks now and I read on here that if you don’t get green light the first 3 days they probably going to make you wait the 30 days and start over again.

Yes, the ATF stops the process after 3 days. If you don't get a proceed in 3 days you never will.

The ATF will also not allow you to start a second attempt in less than 30 days (as far as they are concerned, if they don't give a deny in 3 days then it's a proceed, but that's not good enough for NYS).

so, NY makes you have a proceed, and if don't get one in 3 days you never will. But the ATF won't allow you to restart the check for 30 days.