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My husbands gun collection was taken away

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My husband''s gun collection was...
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: 9 years ago.Category: Criminal Law
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Answered in 4 minutes by:
5/1/2008
Criminal Lawyer: ExperiencedParalegal, Paralegal replied 9 years ago
ExperiencedParalegal
Category: Criminal Law
Satisfied Customers: 200
Experience: MultipleAreasofLaw
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Dear Customer:

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

Sincerely,
Jessica
ExperiencedParalegal
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Customer reply replied 9 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.
Criminal Lawyer: ExperiencedParalegal, Paralegal replied 9 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

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Customer reply replied 9 years ago
Reply to ExperiencedParalegal's Post: How do I petition the Court for a third party to retain the guns???
Criminal Lawyer: ExperiencedParalegal, Paralegal replied 9 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

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Customer reply replied 9 years ago
Even though the Commissioner who heard this case is the one who ordered the guns destroyed???
Criminal Lawyer: ExperiencedParalegal, Paralegal replied 9 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
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Criminal Lawyer: ExperiencedParalegal, Paralegal replied 9 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

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Customer reply replied 9 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!
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