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Shotgun with a Pistol grip

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i know you said you have contacts with CHPD - so everything is finished with this case. the only thing left is to pick up the gun from the police. however, they are not returning phone calls about how to go about getting this item returned. i have received the necessary papers from the prosecutor stating the case was officially dismissed and the gun is available for pickup, however the police refuse to return my calls about this matter. any assistance would be appreciated.

 

one word Lawyer

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  • Let's not start another Brian Aitken rally until everyone knows all the facts.

  • I have a contact with the CHPD. He was not aware of this incident. Update to follow.    

  • A few questions to help us help you:   1. What was the exact statute with which you were charged? 2. Did your shotgun have an 18" or longer barrel? 3. Did it come with a full stock? 4. Are you ov

I would suggest either going down there yourself, or if you are not close enough to just take a chance and go, call you lawyer and ask him to contact the department for you.

  • Author

I would suggest either going down there yourself, or if you are not close enough to just take a chance and go, call you lawyer and ask him to contact the department for you.

 

 

i would use my lawyer, but i dont really want to go in guns blazing just yet, as he COULD be busy. but my way of thinking is "how hard is it to make a 5 minute phone call for something YOU did wrong?" cherry hill is about 45 mins away but i may be able to find time to go this week. to your knowledge are "appointments" required to pick you confiscated items?

  • 1 year later...

I just found this thread. WHY THE fugg DIDN'T YOU SUE?

Ths thread was a good read. LIke others, I'd love to know the entire story of this one.

If this case is not recommended for dismissal when you make your first appearance by the prosecutor, and if you do not have private counsel appearing with you, request a public defender, if you cannot afford counsel. if you can, hire private counsel. Under no circumstances make any statements regarding the matter on the court record, other than those that relate to your identity, firearms id card, drivers license or that directly relate to the issue of bail. The court will not make a determination on your first appearance if the weapon is an assault firearm, which it clearly is not. The charge is one which you cannot be held for trial unless it is presented to the Grand Jury and an inditment is returned. In the interim, the prosecutor will have their pre-grand jury unit look at it and if they agree, the matter will be written up for dismissal and sent to the Assignment Judge for dismissal Once the police issue the complaint, they cannot unilaterally dismiss it, but the prosecutor can recommend it for dismissal prior or after Grand Jury Action. Also, the Grand Jury can refuse to indite, if the prosecutor correctly explains the law to the Grand Jury. In the mean time do not under any circumstances plead guilty to the stop sign ticket unless the weapons violation is dismissed by the court.

  • Author

I just found this thread. WHY THE fugg DIDN'T YOU SUE?

 

my lawyer was a family friend who i had represnt me for free. it was his advice to just get my property back, have the case be dismissed and let the matter drop instead of drawing more attention to it. i have not the money or means to acquire a lawyer for a fee which this matter would have cost me.

 

Ths thread was a good read. LIke others, I'd love to know the entire story of this one.

 

everything stated here was the 100% gods honest truth of the matter. nothing more needs to be said. i am not sure if i ever said the outcome but i got my property back, and the case was dismissed from the prosecutter. when i went to pick up my weapon, the detective said himself "the problem was not that the gun was an assualt weapon, but rather how it was being transported". (why the cops all stated on their papers it WAS an assualt weapon, who the hell knows. they apparently are ignorant and clueless. he also stated "this incident was in no way you being targeted or considered to be harrasment so please do not take it that way." i also would like to say that ever since driving in cherry hill, i have not been stopped or bothered in any way. on a few occassions i remember being in cherry hill and at red lights or driving, having a cop car get behind me and in a few seconds, move into the right lane so i guess they were told to let me be which is fine with me.

it is my understanding that there may be more to the story...

 

"the problem........., but rather how it was being transported".

 

sometimes.. when the police are wrong.. but you are also wrong.. it is better just to cut your losses and take your property back.. and call it a day..

Too bad you didn't sue them for this. Honestly, it sounds like this would have been a perfect example of why the AWB is a useless, confusing piece of crap.

Wow. When I moved to Florida from NJ 3 years ago the guys in the guns stores around here (5 within 20 minutes drive) kept laughing at me every time I asked them if a firearm I was interested in was legal or not. I was so nervous about it coming from NJ. I was also uncomfortable about transporting loaded firearms in my car. No special license required as you can carry anything that is federally legal in your car, fully loaded, as long as it is covered. A towel will do. When I was in NJ and owned an SUV with no defined trunk I used to disassemble my guns as much as possible and I always put the firearm in a locked case and the ammo in a locked ammo box I kept in the SUV to avoid any problems. I also put other stuff on top of any gun cases so if I was stopped no one could see that I had a firearm on me. I figured that I have never been stopped and asked to search my vehicle so as long as it was out of sight it would not be a problem. I did all that to avoid what happened to you and I really feel bad for what you are going through for just a stupid stock. It is not like a pistol grip makes your shotgun more deadly. I have a feeling that within a few years the rest of the nation will have laws similar to NJ's. The more the media spotlights shootings in malls and other public places without balancing it out with how many lives guns saves, the public will scream for banning those evil looking assault weapons.

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