Page 1 of 2 12 LastLast
Results 1 to 25 of 46

Thread: Richmond Sheriff seizes guns of citizen with no criminal record & without legal cause

  1. #1
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post


  2. #2
    Regular Member IanB's Avatar
    Join Date
    Jul 2006
    Location
    Northern VA
    Posts
    1,896

    Post imported post

    I smell a lawsuit. I hope he gets rich off this and buys twice as many guns with his "winnings".


  3. #3
    Regular Member VAopencarry's Avatar
    Join Date
    May 2006
    Location
    The 'Dena, Mаяуlaпd
    Posts
    2,147

    Post imported post

    HOLY COW!!!!!!! WTF!!!!!!!!!!!!

    What does it matter how many he has, he is legally allowed to own them or not. If he is legal then what the Sherriff did is illegal. I hope this guy gets a lawyer. People need to lose their jobs, at least, over this. *%&^$(*#^%$
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

  4. #4
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    And if the guns are stolen or somthing, this seizure without cause will probably result in suppression of the evidence and inability to prosecute this guy.

    Why not just follow the Constitution, and do an investigation, and get a warrant if the investigation leads to probable cause?

  5. #5
    Regular Member vt357's Avatar
    Join Date
    Dec 2006
    Location
    Richmond, Virginia, USA
    Posts
    490

    Post imported post

    [sarcasm] Well there is one bright side to this - the Richmond Times Dispatch considers 38 rifles and 28 handguns to be a "small arsenal." [/sarcasm]

    My first thought when I saw this on the news last night was lawsuit. They are going to run the Serial #s on every one of those guns= basically forced registration of his entire collection. Not to mention the embarassment causedby this.


  6. #6
    Founder's Club Member
    Join Date
    Feb 2007
    Location
    No longer in Alexandria, Egypt
    Posts
    2,798

    Post imported post

    Holy Crap! It's the corrupt mentality that even THINKS this was a correct course of action that maddens me. Whoever ordered that and everyone involved need to be hammered on this one. What a bunch of crap!

    I'm a book collector....I had better be careful, the mass book burnings are just around the corner!!

  7. #7
    Regular Member
    Join Date
    Mar 2007
    Location
    Northern VA, Virginia, USA
    Posts
    51

    Post imported post

    Guys, if the sheriff's department had to be there when the movers arrived, the owner of the weapons wasn't there.

    From what I understand, when the sheriff's department does an eviction, they go in, with the owners consent, not the renter, and do a sweep to make sure no one is there or any illegal contraband is located. If weapons are located, they take them for safe-keeping and make sure they aren't stolen. They will be put in a property room and the owner can retrieve them there.

    If it got to the point where the sheriff's department was doing the eviction and had to bring in movers, the owner of the guns brought this on himself. He had at least 30 days to get his belongings out....

    Not trying to make excuses, but this is what I have been told in the past. If the sheriff's department acted wrongly in this, they should be investigated. But I think this will be the fault of the gun owner.

  8. #8
    Regular Member
    Join Date
    Oct 2006
    Location
    Richmond, Virginia, USA
    Posts
    205

    Post imported post

    I must agree on this.. (I am a landlord on a small scale)

    Anytime you get to the point of the sheriff arriving for an eviction, a lot of time has usually transpired.. Enough time to the former tenant to sells a few guns to come up with some rent money.

    At the very least, the guns are more easily converted to cash to pay the debt than anything else.

    ...Had the police shown up for any other reason(ie: loud music) and found the small arsenal, then we would have a serious problem with a "weapons check"

    Highlander wrote:
    Guys, if the sheriff's department had to be there when the movers arrived, the owner of the weapons wasn't there.

    From what I understand, when the sheriff's department does an eviction, they go in, with the owners consent, not the renter, and do a sweep to make sure no one is there or any illegal contraband is located. If weapons are located, they take them for safe-keeping and make sure they aren't stolen. They will be put in a property room and the owner can retrieve them there.

    If it got to the point where the sheriff's department was doing the eviction and had to bring in movers, the owner of the guns brought this on himself. He had at least 30 days to get his belongings out....

    Not trying to make excuses, but this is what I have been told in the past. If the sheriff's department acted wrongly in this, they should be investigated. But I think this will be the fault of the gun owner.

  9. #9
    Founder's Club Member
    Join Date
    Feb 2007
    Location
    No longer in Alexandria, Egypt
    Posts
    2,798

    Post imported post

    If the owner wasn't present for the eviction, then yes you're correct the sherrif's did the right thing. However this statement in the article leads me to believe he was present:

    The owner of the guns told deputies he is a weapons collector, according to a statement released by the sheriff's office. Officials said he has no criminal record.
    If he was the legal owner and was present, then I stand by my original statement!

  10. #10
    Founder's Club Member Hawkflyer's Avatar
    Join Date
    Feb 2007
    Location
    Prince William County, Virginia, USA
    Posts
    3,315

    Post imported post

    BobCav wrote:
    If the owner wasn't present for the eviction, then yes you're correct the sherrif's did the right thing.* However this statement in the article leads me to believe he was present:

    The owner of the guns told deputies he is a weapons collector, according to a statement released by the sheriff's office. Officials said he has no criminal record.
    If he was the legal owner and was present, then I stand by my original statement!
    +1

    They call 38 rifles and 28 handguns an arsenal? They need to get out more. That is barely enough for trading material to a collector.
    "Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior."
    "If you are not getting Flak, you are not over the target"
    "186,000 Miles per second! ... Not just a good idea ... It's the law!"

  11. #11
    Regular Member
    Join Date
    Feb 2007
    Location
    USA
    Posts
    7,607

    Post imported post

    This is unreal!!!

    From what I read, they had no justification to take the firearms. They could have ran all the serial numbers right there and did not need to take them. Then, they still needed some articulable reason to believe the firearmswere stolen.

    I think that what sparked their interest was the sheer volume he had. It is a shame that this has happened and he has a good lawsuit waiting to be filed.

  12. #12
    Lone Star Veteran DrMark's Avatar
    Join Date
    Jan 2007
    Location
    Hampton Roads, Virginia, USA
    Posts
    1,553

    Post imported post

    LEO 229 wrote:
    This is unreal!!!

    From what I read, they had no justification to take the firearms. They could have ran all the serial numbers right there and did not need to take them. Then, they still needed some articulable reason to believe the firearmswere stolen.

    I think that what sparked their interest was the sheer volume he had. It is a shame that this has happened and he has a good lawsuit waiting to be filed.
    If the owner was there, why run the serial numbers without cause? Did they have reason to believe they were stolen?



  13. #13
    Founder's Club Member Hawkflyer's Avatar
    Join Date
    Feb 2007
    Location
    Prince William County, Virginia, USA
    Posts
    3,315

    Post imported post

    LEO 229 wrote:
    I think that what sparked their interest was the sheer volume he had.
    Now you have me VERY worried.
    "Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior."
    "If you are not getting Flak, you are not over the target"
    "186,000 Miles per second! ... Not just a good idea ... It's the law!"

  14. #14
    Regular Member
    Join Date
    Jan 2007
    Location
    , ,
    Posts
    116

    Post imported post

    I think that what you all are trying to say is that even if they were confiscated, as apart of routine process I don't understand why this is even "news worthy" because nothing illegal transpired here??? No crimes were committed? Then whats the big deal as far as the news paper is concerned?

    As far as the police taking the mans firearms, im not sure I understand why they would do that? What if he has a concealed carry permit? If they take his guns and he gets robbed, can they be held liable?

    I hope the VCDL and the NRA attorneys jump all over this...

    TIMES DISPATCH = LAWSUIT ADVERTISEMENT!

  15. #15
    Desertdoc
    Guest

    Post imported post

    Why would the VCDL jump on this? The man was being evicted from his home for failer to pay his rent. He had that many guns but could not pay? I think not. He had plenty of warning since it takes more than two payment to go into evicting statues. After that it takes 30 days for the police to move in with a moving company. Even if he was not present they would take everyone in the home and the owner would not have chance in hell to get it back. It would become property of the state and be actioned off. This guy had over 3 months to move his crap out. Why should anyone fell sorry for him? Should have sold a gun or two to pay for rent. Me personally could sale just the toys on the guns to pay for rent.

  16. #16
    Regular Member
    Join Date
    Dec 2006
    Location
    Hampton, Virginia, USA
    Posts
    495

    Post imported post

    Desertdoc wrote:
    Why would the VCDL jump on this? The man was being evicted from his home for failer to pay his rent. He had that many guns but could not pay? I think not. He had plenty of warning since it takes more than two payment to go into evicting statues. After that it takes 30 days for the police to move in with a moving company. Even if he was not present they would take everyone in the home and the owner would not have chance in hell to get it back. It would become property of the state and be actioned off. This guy had over 3 months to move his crap out. Why should anyone fell sorry for him? Should have sold a gun or two to pay for rent. Me personally could sale just the toys on the guns to pay for rent.
    That is true...

    However, we don't exactly know what his situation was. Maybe he DID try to sell the guns, but no one would buy them. So many different things and variables and such.

    Should the sheriff dept be held accountable for their actions -yes.

    I hope this guy learned his lesson. I also have learned from his lesson as well.


  17. #17
    Regular Member
    Join Date
    Jan 2007
    Location
    , ,
    Posts
    116

    Post imported post

    Yes the sheriffs office should be held accountable. Ok I can understand them supervising him leaving the premises, however confiscation of firearms is unacceptable. It could happen to you. No crimes were committed here and there was a confiscation of guns and ammunition? why? In what other instances should I expect sheriffs to take guns from me? It could start here, and end in warrantless searches of personal private property, and you gotta stop this sort of thing before it gets out of control. Give them a yard, they take a mile.

  18. #18
    Regular Member
    Join Date
    Feb 2007
    Location
    , , USA
    Posts
    145

    Post imported post

    The link wont load for me

  19. #19
    Regular Member
    Join Date
    Jan 2007
    Location
    Englewood, Ohio, USA
    Posts
    654

    Post imported post

    Here we go again jumping off the deep end to hang the LEO's. The sheriff's office said the owner of the guns said he was a collector.

    What the newspaper article does not clarify is.... "Where or When did the owner tell them this information.

    Was the owner on the phone across town at work,one of his neighbors could have called him, informing him that the Sheriff's department was there taking his stuff. So he called the house and talked to aofficer on the phone, or did he call the S.O. and they called theofficer at the house, who then called theowner back.

    Did he arrive at his home to find the Sheriff's officers already done loading his stuff and then advised them he was a collector.

    Way to much missing information on the actual location of the owner of the guns to make even a proper, informed answer.

    Comments at the moment on this are nothing but SWAG's (Scientific Wild Ass Guess), so let's not hang the sheriff's office until all the facts are revealed.

    BTW.. ProtectMD.... A crime had been commited. The guy didn't pay his rent. Was warned several times about oweing the rent and continued not to pay it so he got evicted. Not sure what you would call it... Maybe Defrauding an Innkeeper. but he did commit a crime.


  20. #20
    Founder's Club Member
    Join Date
    Jun 2006
    Location
    Spotsylvania County, Virginia, USA
    Posts
    700

    Post imported post

    Lthrnck wrote:
    A crime had been commited. The guy didn't pay his rent. Was warned several times about oweing the rent and continued not to pay it so he got evicted. Not sure what you would call it... Maybe Defrauding an Innkeeper. but he did commit a crime.
    Breech of contract (lease/rental agreement).
    ---

  21. #21
    State Researcher lockman's Avatar
    Join Date
    Aug 2006
    Location
    Elgin, Illinois, USA
    Posts
    1,202

    Post imported post

    If the Sheriff will take contol of firearms for safekeeping will he also hold the owners other furniture and other belongings ultil he can pick them up.

  22. #22
    Founder's Club Member
    Join Date
    Feb 2007
    Location
    No longer in Alexandria, Egypt
    Posts
    2,798

    Post imported post

    Eviction is usually a lot more than just breech of contract. When I was the Navy Family Housing Liaison Officer and we would need to evict a family that didn't belong there(i.e. member discharged and refused to move, things like that) we had a LONG, drawn out process and it could take up to 90 days to get the eviction completed.

  23. #23
    Regular Member
    Join Date
    Dec 2006
    Location
    Home of the Heros, Virginia, USA
    Posts
    418

    Post imported post

    VAopencarry wrote:
    HOLY COW!!!!!!! WTF!!!!!!!!!!!!

    What does it matter how many he has, he is legally allowed to own them or not. If he is legal then what the Sherriff did is illegal. I hope this guy gets a lawyer. People need to lose their jobs, at least, over this. *%&^$(*#^%$
    well with all that weapons in residence and the rent is being overdue, smells fishy to me. As a fugitive Investigator, I would say he had other thoughts beside just getting those weapons to do his practice shooting. 38 rifles and 20 handguns can make a small squad of terrorist, extremist group that can do harm if gone unnoticed. Unless he can prove that he was taking them to the gun shop for repairs or owns a shooting place or is a collector.

  24. #24
    Desertdoc
    Guest

    Post imported post

    lockman wrote:
    If the Sheriff will take contol of firearms for safekeeping will he also hold the owners other furniture and other belongings ultil he can pick them up.
    He is lucky that they said they would give his firearms back if they all checked out. Once you get evicted and your property is seized by the sheriff's office it is normally actioned off. This money is then used to back the debt balance and the service cost of the courts. At lease that is what happens in CA. Va might be different so i am not 100% for sure on the procedures.

  25. #25
    Founder's Club Member Hawkflyer's Avatar
    Join Date
    Feb 2007
    Location
    Prince William County, Virginia, USA
    Posts
    3,315

    Post imported post

    swatpro911 wrote:
    well with all that weapons in residence and the rent is being overdue, smells fishy to me. As a fugitive Investigator, I would say he had other thoughts beside just getting those weapons to do his practice shooting. 38 rifles and 20 handguns can make a small squad of terrorist, extremist group that can do harm if gone unnoticed. Unless he can prove that he was taking them to the gun shop for repairs or owns a shooting place or is a collector.
    I don't remember seeing anything in the law about the number of guns a person can own. Perhaps you can show us where we might find that as just cause for ANY LE action.

    Regards
    "Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior."
    "If you are not getting Flak, you are not over the target"
    "186,000 Miles per second! ... Not just a good idea ... It's the law!"

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •