PDA

View Full Version : HELP, trying to get my guns back from ATF


DBA Samsun
11-06-2007, 10:44 AM
Hello - I received a letter to contest the forfeiture of the seizure of my legal gunss, it says I have to file a claim of ownership and have to:

1. Identify specific property claimed (Do I just do a writen description?)

2. State the claimant's interest in the property; and (Not sure what would be best to put here, I use my rifles for target shooting, would that be sufficient?)

3. Be signed by you under oath subject to penalty of perjury. (Notary republic needed or just sign it?)

Kestryll
11-06-2007, 10:53 AM
Hello - I received a letter to contest the forfeiture of the seizure of my legal gunss, it says I have to file a claim of ownership and have to:

1. Identify specific property claimed (Do I just do a writen description?)
I would guess list the make, model, caliber and serial number of the item to identify it.

2. State the claimant's interest in the property; and (Not sure what would be best to put here, I use my rifles for target shooting, would that be sufficient?)
In this sense 'interest' doesn't mean what do you like or use it for but instaed is referring to your legal interest in the item. In this case your interest is that you are the sole owner of the item.

3. Be signed by you under oath subject to penalty of perjury. (Notary republic needed or just sign it?)
I would say go to a Notary Public just t be sure.

This is my take on your questions, others will be along to point out where I have erred and offer more advice I'm sure. ;)

mecam
11-06-2007, 11:55 AM
Just out of curiosity, are these OLL rifles?

bwiese
11-06-2007, 12:35 PM
Hello - I received a letter to contest the forfeiture of the seizure of my legal guns, it says I have to file a claim of ownership and have to:

1. Identify specific property claimed (Do I just do a writen description?)

2. State the claimant's interest in the property; and (Not sure what would be best to put here, I use my rifles for target shooting, would that be sufficient?)

3. Be signed by you under oath subject to penalty of perjury. (Notary republic needed or just sign it?)

Why would you receive such a letter? The letter is from ATF?

Why are guns being forfeit? Are there charges against you or assertions these guns are illegal by some official entity - either ATF or CA DOJ or local LEO/DA?

Why were they seized - or were they, say, in a gunshop that closed down or taken from a friend's place during some legal matter of his?

Or was this perhaps due to divorce/property split matter and ATF was asked for some reason, about how to distribute? Or gunshop went outta biz?

If the guns are legal/legally acquired [and not just in your mind since idiocy runs in cycles here] you have nothing to fear from BATF if it's from this latter situation.

However if you're one of those friggin' idiots playing with bulls**t 80% receiver crapola, you really might wanna talk to a lawyer if that "non receiver" crossed a state line before you got it.

Also, appears BATF *generally* doesn't give a crap about CA AW details as long as it's legal (OLL configurations, etc.) I've heard of several incidents in past where CA AWs ended up in BATF hands and they were returned to owners without checking for CA AW reg status. If they're after a person for any other reason, then state AW issues can indeed raise up.

(1) For identification, I'd try include make/model, and serial # if you have it, description as to accessories (i.e, "Burris Fullfield II 3-9X scope attached with Warne rings", etc.) or unique characteristics ("tiger stripe laminated wood stock", "SPR upper with 18" bbl and PRI barrel shroud", etc.)

(2) Your "interest" most likely doesn't mean what you like to do with it, but reflects on your ownership - i.e, that it's your gun. Include helpful background info. "This is my gun, I purchased it as a receiver in Feb 2006 from FFL dealer Blaster Guns in Klutzville Ridge, and then built up into a working rifle compliant with CA laws in June 2006." Or, in a more confusing situation, "I purchased and paid for (including all taxes and fees) this Ruger Match BarnDoor Rifle at XYZ Guns and filled out 4473 and CA DROS forms, but he closed shop 2 months ago and I haven't been able contact him since to take delivery after the mandated 10 day waiting period."

(3) Just sign it. You don't need a notary. But tell the truth - or don't sign/respond without lawyer.


Really before you act or before we can answer questiosn accurately we need more background from you.

If there's assertions of illegality you should STFU and not post further and talk to a lawyer.

M. Sage
11-06-2007, 6:24 PM
Lawyer time?

tlillard23
11-06-2007, 8:19 PM
you should STFU and not post further and talk to a lawyer.

I fixed it for you.