How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ExperiencedParalegal Your Own Question

ExperiencedParalegal
ExperiencedParalegal, Paralegal
Category: Criminal Law
Satisfied Customers: 200
Experience:  MultipleAreasofLaw
9066835
Type Your Criminal Law Question Here...
ExperiencedParalegal is online now
A new question is answered every 9 seconds

My husbands gun collection was taken away

Customer Question

My husband''s gun collection was taken away because I called the police department. We hired an attorney ($25,000 later -- and refinancing the house), and we lost the case, lost the reconsideration of the case, and lost the appeal. The judge was unreasonable, took the entire case out of context to make my husband look horrible. The Deputy DA lied through her teeth to us, my husband feels like the judicial system has really let him down... as has his wife by calling the police to begin with. We were having an argument and I wanted the police to dissipate the argument. The guns were in his safe... the safe was locked and never opened. We went to appeal, and the vote was 2-1 to stay with the original decision. Okay, so he has to go another 2-1/2 years until he can have his rights back... but the judge ordered our $28,000 collection destroyed, which is happening in 2 weeks... can we stop that from happening???
Submitted: 6 years ago.
Category: Criminal Law
Expert:  ExperiencedParalegal replied 6 years ago.
Dear Customer:

Where did this happen at? What exactly was your husband convicted of? Thanks.

Sincerely,
Jessica
ExperiencedParalegal
Customer: replied 6 years ago.
This happened in Simi Valley, California. He wasn't convicted of anything. I called the police. I threatened to kill myself over a fight... in turn, he threatened the same thing. They came, cuffed him, took him away, took his collection away... put him in the Ventura County Mental Facility, where, after evaluation by a panel of doctors and social workers, they promptly released him because he was just fine. They recommended marriage counseling... that's all. My husband and I have been married for 16 years and have had ups and downs (this one was a real down) in our marriage, but his collection has never posed a threat to anybody. It has taken him many years and thousands of dollars to put together the collection he had, all to be taken away after one stupid phone call. The Deputy District Attorney said that if my husband went to six months of therapy, she would feel better about returning the collection. So, he did... the therapist submitted a report, but the Deputy DA subpoenaed the records and she and the judge took the notes and jumbled them around to make my husband look like a crazy person. Even I didn't know who in the world they were talking about. Then we went to the Court of Appeals, and they don't want to overturn anybody's decision. The botXXXXX XXXXXne is that in 2-1/2 years, my husband will once again be eligible to own a gun collection, but the SV Police Department is going to destroy his collection, leaving us with absolutely nothing. We're out $25,000 in attorneys' fees, the collection is worth about $28,000, and they won't even let us take the grips and sights off the guns. They said that they will not dismantle the collection, and they will not allow us to come in and do it. Personally, sometimes I think my husband's attorneys did more harm than good, but I do not know the law where this is concerned, or the procedures. I would have loved to stand up and represent him, but either he would have had to do it for himself, or have an attorney. I believe had I been able to talk to the judge(s), they would have understood what was going on. This was all a horrible mistake, starting with me.
Expert:  ExperiencedParalegal replied 6 years ago.
Dear Customer:

I know what you are saying. The legal system is very strict in this regard. However, at this point in time you have already done all you can do legally, including appealing the case. Here is my suggestion. If your husband will be able to once again have guns in 2 1/2 years, why not petition the court to have a third party retain possession of the guns.

Please do not hesitate to contact me if you should need anything further.


Sincerely,
Jessica
ExperiencedParalegal

Customer: replied 6 years ago.
Reply to ExperiencedParalegal's Post: How do I petition the Court for a third party to retain the guns???
Expert:  ExperiencedParalegal replied 6 years ago.
Dear Customer:

I would contact your attorney and have them file the paperwork with the courts. Reason being, the proper and correct paperwork needs to be filed and your attorney is familiar with this and will know exactly what needs to be filed.

Please do not hesitate to contact me if you should need anything further.


Sincerely,
Jessica
ExperiencedParalegal

Customer: replied 6 years ago.
Even though the Commissioner who heard this case is the one who ordered the guns destroyed???
Expert:  ExperiencedParalegal replied 6 years ago.
Dear Customer:

Was it a Judge or a Commissioner who ordered the guns destroyed? In your first post you stated that it was the Judge. Thanks.

Sincerely,
Jessica
ExperiencedParalegal
Expert:  ExperiencedParalegal replied 6 years ago.
Dear Customer:

You should still Motion the Judge in this case. This is your last shot and I don't want you to loose all the money that you and your husband have put into this collection. Especially if he will be able to have possession again in 2 1/2 years.

Just make sure that you have all your ducks in a row before you do this. You or your attorney needs to have a good argument and also you need to already have a 3rd party person designated, so that you can inform the court whom that person will be. Make sure it is someone that you think the court will approve.

I wish you the best of luck!

Please do not hesitate to contact me if you should need anything further.


Sincerely,
Jessica
ExperiencedParalegal

Customer: replied 6 years ago.
I didn't have a chance to get back on to let you know what happened. I wrote a letter to the judge (he IS just a comissioner), and he replied with the fact that because of legal ethics, there is nothing that can be done. My husband's attorney wants another $2,500 just to tell me how to petition the court, and we don't have that. I've written everybody... Congress, the Senate, the NRA... nobody is responding. I have now filed a complaint with the State of California Commission on Judicial Performance. It may be too late to get my husband's guns back, but it isn't too late to let this judge know that he made a big mistake. Ethics??? He has absolutely no ethics!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.