This must hurt...(surrender 75 guns)

[Nucrunner 75]

 

 

http://www.nj.com/gloucester-county/index.ssf/2015/11/cumberland_county_man_has_to_surrender_more_than_7.html#incart_river_index

 

N.J. man has to surrender more than 75 guns, court says

 

A Cumberland County man will have to forfeit a collection of nearly 80 guns as well as his firearms purchaser ID card after investigators found he owned five illegal assault weapons, according to an appellate ruling released Wednesday. In April of 2013, a man identified in court papers as C.L.H. handed his gun collection over to Cumberland County sheriff's officers as part of a domestic violence investigation. The gun collector had not been charged with domestic violence, but his 81‑year‑old father‑in‑law had filed a complaint against C.L.H.'s wife, obtaining a temporary restraining order in the process. The older man told law enforcement that he knew his daughter's husband owned firearms. Investigators searched the couple's home on a warrant, and C.L.H. cooperated, voluntarily handing over four bows, a machete, four handguns and 72 long guns, along with his purchaser identification card. Although he was not charged in the complaint and had no criminal record, the Prevention of Domestic Violence Act meant C.L.H. could not have the weapons in his home while his wife was being investigated. ALSO: Grandfather's WWII rifle is an illegal assault weapon, court rules

 

Five of the guns, including an AK‑47, were classified as assault weapons, and were therefore illegal in New Jersey, the court's decision states. C.L.H.'s attorney sent a letter to the prosecution in December of 2013 announcing the lifelong collector's intentions to transfer ownership of the guns to a dealer in order to avoid having them destroyed by the county prosecutor's office. The domestic violence charges were voluntarily dismissed. A superior court judge authorized C.L.H. to surrender the assault weapons under the 2013 gun amnesty law, which lets residents voluntarily turn in illegal firearms with no questions asked. The judge also said that because C.L.H. had not been accused in the domestic violence case, he should not have had to forfeit the remaining guns. The prosecution appealed the amnesty ruling, however, saying that the weapons had already been seized when C.L.H. tried to turn them over. An appellate panel agreed, and added that the details of the seizure were less important than the fact that it was not legal for C.L.H. to own several of the guns in the first place. MORE: Unlawful weapons charges dropped against N.J. man with antique pistol

 

"By focusing on C.L.H.'s lack of culpability in the circumstances leading to the seizure of his firearms from his and his wife's home under the Prevention of Domestic Violence Act...the court lost sight of what was critical — that C.L.H. was in possession of five fully‑functioning assault rifles," the panel wrote. "The knowing possession of an unlicensed, operable assault firearm is a crime of the second degree." C.L.H. will be disqualified from holding a purchaser permit, and the appellate court has ordered the five assault rifles to be destroyed by the prosecutor's office. He will have to arrange to sell the remaining weapons, or they will also be disposed of by law enforcement. The man will not face any criminal charges.

 

[http://www.nj.com/cumberland/index.ssf/2015/09/grandfathers_wwii_rifle_is_an_illegal_assault_weap.html]

[Schrödinger's cat 87]

Funny how they write that he turned over a machete. It was probably a 6" skinning knife ...

[CMJeepster 2,777]

Funny how they write that he turned over a machete. It was probably a 6" skinning knife ...

Will his edged tool purchasers I.D. card be revoked as well?

[jackandjill 683]

If there are no criminal charges, what would prevent him from (re)applying for FPID ?

[Schrödinger's cat 87]

I believe I read that he can never get a fid again.

 

Sent from my SPH-L710 using Tapatalk

 

 

[DirtyDigz 1,811]

If there are no criminal charges, what would prevent him from (re)applying for FPID ?

 

Form STS-033 (FPID/Pistol Purchase Permit Application) Question 27:

 

Have you ever had a firearms purchaser identification card, permit to purchase a handgun, permit to carry a handgun or any other firearms license or application refused or revoked in New Jersey or any other state? If yes, explain.

[jackandjill 683]

I get the question on the form. But what law / admin code / legal authority "enables" local CLEO to deny the application ?  Is it a violation of agreement with court or prosecutor office as deal or something else ?

 

On the surface, he doesn't fall into any of the disqualifications set in 2C:58-3© 

[Old Glock guy 1,127]

So because the guy was found with "assault weapons" he has forever forfeited the right to be able to defend himself and his family.

 

Anyone know if those guns are going to be put up for sale, maybe at an auction or something?

[planenut 59]

Quick question to all of our legal eagles on this site. I read that he surrendered his FPID card voluntarily. Is he required by law to surrender if he's asked and only asked? I was always taught that with any license or certification you never ever surrender it voluntarily because it is near impossible to get back once you do.

[carl_g 568]

Anyone want to bet that the "AK 47" was a Saiga?

[maintenanceguy 510]

I know this guy well.  I wondered what the outcome would be.  Thankfully he won't do jail time.

 

He, like thousands of NJ residents put his "black guns" in his safe after the ban.  Who would have thought the police would show up one day to take everything - with no due process and no warrant.

[siderman 1,136]

I know this guy well.  I wondered what the outcome would be.  Thankfully he won't do jail time.

 

He, like thousands of NJ residents put his "black guns" in his safe after the ban.  Who would have thought the police would show up one day to take everything - with no due process and no warrant.

article said there was a warrent.(but no due process..) but I still dont get why they needed to go after a 3rd partys property? father gets a temp RO on his daughter next thing they're taking the husbands guns?!...were the cops afraid the daughter would steal a gun and go after the dad?  Thats like saying my wifes bro gets all pissy at my wife a files a RO- they take my guns??? I know he had some illegal guns but that was after the warrent...

[GRIZ 3,369]

I know this guy well.  I wondered what the outcome would be.  Thankfully he won't do jail time.

 

He, like thousands of NJ residents put his "black guns" in his safe after the ban.  Who would have thought the police would show up one day to take everything - with no due process and no warrant.

The fact his FIL ratted him out caused these problems.The article states his FIL provided police with probable cause for the warrant which was issued by a judge.

[Golf battery 1,223]

Damned turncoat.

[Malsua 1,422]

I wish they would have identified the violating firearms.

[CMJeepster 2,777]

[Kevin125 4,772]

LOL CMJeepster.

 

I may have seen that as a poster in the Editorial Room of the Asbury Park Press.

 

So.... a legal question.....

 

Since he was not charged with a crime and only surrendered his NJ FPID.....  are there any states he could move to and purchase firearms?

[maintenanceguy 510]

I believe he "voluntarily" surrendered his FID card and guns and in exchange, criminal charges were not brought.

 

I am only speculating but I don't see any reason for a denial of rights in another state since there was no conviction of a crime.

[1LtCAP 4,262]

I wish they would have identified the violating firearms.

there was an article that did. .22lr with more than 15 round capacity, ak too new to be grandfathered, ar with a bayo lug, and i forget the others......

[O-gre 7]

AK too new?

[KramD52 0]

What a frustrating pile of B.S. thanks to the F.U. laws of this state.  This poor guy could be the poster child for "collateral damage" as he wasn't principally involved.  Glad to see he wasn't criminally charged, but still, he basically had to forfeit his 2A right in this state along with his firearms. 

[1LtCAP 4,262]

AK too new?

it was probably bullshit.....i just typed what i read.

[JohnnyB 4,321]

it was probably bullshit.....i just typed what i read.

He may have been in possession of an AK that was manufactured after the ban in the PRNJ, but was perfectly legal in any free state!

 

The reason this guy became a part of a case that never involved him was that a resident of his home filed a DV charge against another resident of his home!!!

The first question in such a situation is "ARE THERE ANY GUNS IN THIS HOME"!  It does not matter to whom the guns belong, what matters is are there any there!

 

The Police must remove ANY guns from any home where a DV charge is filed. It happened in my own extended family years ago! Thank God, not in my home!

It took him forever to get the guns back and they were almost melted down by the county prosecutor's office!

[Scorpio64 5,146]

Of the so called assault weapons picked up at this guys house, were any full auto?  Other than the description of the AK, none of the news stories give a clear indication as to whether the firearms were actual assault weapons or semi auto versions.

[maintenanceguy 510]

None were full auto.  Some had a capacity over 15 rounds, some were evil black rifles, and one was specifically on the banned list by name.  None were any more dangerous or functioned any differently than many of the 70 guns that were legal to own.