Notice of Forfeiture

[Mr Wizard]

Happy Father's Day to all,

I am a bit reluctant to even start this post, but I am in a pinch.

I just received a Notice of Forfeiture from the USDOJ. I have 30 days to register as a (ECF user ???) and file a PMR, Petition for Remission or Mitigation of Forfeiture.

If you have any experience with these forms, please PM me.

To make a long story short, my small firearm collection, ammunition, reloading supplies, etc. were seized by the Feds during a warrant search of my property in 2017.

To head off all the judgmental critics here, the warrant wasn't mine, I was not arrested or charged with any wrongdoing.


If you're going to tell me to hire a lawyer, suggest a free one. I gave my last $30k+ to help pay lawyers with minimal results.

Mods- If I posted this in the wrong forum, please relocate it.

Mr. Wizard

[wpage]

Why continue to put good money and effort into somthing that looks like a fail already. If as you say its a small collection let it go...

[sheepdawg]

Why continue to put good money and effort into somthing that looks like a fail already. If as you say its a small collection let it go...

[hunterb]

That sucks OP sorry to hear that
Unfortunately, it's going to cost money to get your guns back in this commie state.

Probably at least $5-10K to be honest....

[Milsurp1]

Make an appointment at the pro se clinic in the federal courthouse. Watch your deadlines.

[TRICKSTER]

Good luck.

https://pacer.psc.uscourts.gov/pscof/registration.jsf?filerType=N

https://www.pacer.gov/reg_nonatty.html

[elSquid]

A quick googlin’ shows this gov site:

https://www.forfeiture.gov/FilingPetition.htm

I skimmed the form, looks pretty straightforward. I didn’t see any fees, so it looks like the only cost is your time. ( And the digging up of receipts if you choose/can do so. )

Faqs

https://www.forfeiture.gov/FilingPetitionFAQs.htm

https://www.forfeiture.gov/FilingClaimFAQs.htm

— Michael

[flyer898]

My experience is that the deadline to contest the forfeiture is jurisdictional and that means if you do not timely file you lose. Unfortunately it is also my experience the feds will pursue and complete an unjust forfeiture if it is not contested. If you contest the forfeiture, you may have to prove you have an ownership interest in the property, and once you do they will have to prove the property is subject to forfeiture: I.e. it was used in, or is the proceeds of criminal activity. The feds do not have to convict you of anything to seize and forfeit your property. It has been many years since I practiced in this area; I am not your lawyer and just providing to this list some general information on the process.
If you have not already done so, contact your Congress critter - it may be able to help. I would suggest contacting our senators, but we all know that would be a waste of time.

[flyer898]

Not necessarily, you may be able to submit a declaration supported by receipts for the parts.

[Skip_Dog]

Good luck op. I would be screwed if I had to dig up old receipts for parts.

[elSquid]

Thank you all for the positive suggestions.

I have receipts for 75% of the firearms. The rest were home builds so I know I’m SOL with those.

Not necessarily, you may be able to submit a declaration supported by receipts for the parts.

Plus it doesn't hurt to include a statement that the firearm "x" was legally built following the laws of the State of California on such-and-such a date. If no serials, then point out when serials were required. ( Add link to CA BOF FAQ? )

The folks who will be reviewing the request probably won't be up to speed on CA specific laws, so you may as well try to make it easy for them.

As well, if any of the homebuilds were registered with the state, they will show up when you request a list of your lawfully owned, _registered_ firearms from CA BOF:

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/AFSPrivateCitizen.pdf

In your petition you can note that you've asked the state of CA for this info and while it cannot be provided at this time, it will be available after the state of CA responds to your request.

-- Michael

[Bigedski]

That would be only ones without a set between their legs.
Never let the government get away with that kind of crap.

[pacrat]

Mr Wizard; The info in this post may likely mean you are screwed. Because they were seized before Reg. Requirement. And now it is past the deadline to do so.

Please refer to this thread regarding a similar situation. And how it is so easy to run afoul of the egregious LEGR system. And become a victim of Ca, and lose your guns, without ever breaking a law.

https://www.calguns.net/calgunforum/showthread.php?t=1536400

[sigstroker]

Feds shouldn't care about Cali law there anyway.

Did you call anyone? Did they say why they were going to take your property?

[cpttimerestraint]

Can you file for return of the upper recover?

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