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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9170
Experience:  Since 1983
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A firearm of mine was seized from the premises of a class 3

Customer Question

A firearm of mine was seized from the premises of a class 3 dealer. The firearm was turned over to BATFE by local police. Employees of the dealer tried to circumvent legal procedures in the handling of the firearm, anticipating that they could make a profit by selling it illegally. Charges against these employees were dropped, but BATFE chose to to pursue civil forfeiture against my firearm. No charges were filed against me and no allegations were made that I did anything wrong. All occurred in Texas.
I wish to contest the forfeiture.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 6 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Do you have a legal question about the situation you have described in your post that I can answer for you?

Customer: replied 6 months ago.
What is my best course now.
Customer: replied 6 months ago.
Where can I find a
Lawyer who is experienced in these matters.
Expert:  Alex J. Esq. replied 6 months ago.

I am not permitted to tell what to do in their specific situation or list all of the legal rights / legal options that might potentially apply in any specific situation, as such legal advice can only be provided by your local attorney, upon review of your entire case.

I can however, provide you with a general answer, if you have a legal question for me or can provide you with list of online resources to find an experienced civil forfeiture law attorney in your area?

Thank you.

Customer: replied 6 months ago.
No thanks. You have not provided me any useful information and only tried to hit me for more money.
Expert:  N Cal Attorney replied 6 months ago.

New Expert here.

Where and when did this happen?

Were you given any paperwork relating to this?

Customer: replied 6 months ago.
Forearm was seized in April in Amarillo, TX, a notice was received yesterday that BATFE was going to steal the firearm.
Customer: replied 6 months ago.
Expert:  N Cal Attorney replied 6 months ago.

"In a federal administrative forfeiture action, the claimant must file what is known as a claim of ownership, and must do so thirty (30) days after receiving notice in the mail that the government has seized the asset(s).

The claim must identify the specific property claimed and state the claimant’s interest in the property.

The claim must be made under oath by the claimant (not counsel) under penalty of perjury consistent with 28 U.S.C. § 1746."


You can get a free consultation from some of the federal law attorneys listed here.

Please follow up on this with a local attorney who can help you draft the claim and litigate it if necessary.

I hope this information is helpful.