NRA Member needs Legal Help! Judge Refuses to Return Firearm to Burglary Victim. New

[MOTOR51]

The Judiciary Commission isn't going to take anybody's word for it; they will investigate if there is any merit to the complaint, and then make a determination.

The info I posted is public information (it is on the Louisiana Supreme Court's website for public dissemination.) I am not certain what your criticism is, but if it is that I should not provide someone with public info unless they "prove" something to me first, you are writing to the wrong person. I respect rights too much.

If the OP is withholding info in this discussion salient to his asserted position, that will become apparent and affect any remedy available to him as he moves forward, in whatever way he chooses to pursue his claim.

I was referring to your previous post that was in bold.

 

[Emperor]

So we are just gonna take the guys word for it without any facts? Ok. How about we see some court documents or something first.

Why worry about it! If he is lying, that's on him! I realize that the internet makes people turn to virtual Walter Mitty's sometimes; but hey, if he's going to falsify a complaint about a judge; that's on him.

 

[Nathan Hale]

Why worry about it! If he is lying, that's on him! I realize that the internet makes people turn to virtual Walter Mitty's sometimes; but hey, if he's going to falsify a complaint about a judge; that's on him.

Agreed.

 

[MOTOR51]

Why worry about it! If he is lying, that's on him! I realize that the internet makes people turn to virtual Walter Mitty's sometimes; but hey, if he's going to falsify a complaint about a judge; that's on him.

I'm not worried about his complaint , I was wondering why NH made his comment. I also thought with this being a mostly LA site that surely someone would have first hand experience with proof that their firearm had been stolen by police or a judge. Am I asking too much?

 

[1911arkain]

****. I would've said in court, "Sir just because you don't feel comfortable about giving me back my legal firearm has no bearing on this case. The Second Amendment gives me the right to that firearm and the prosecutor has said there is nothing stopping me from having it."

If your lawyer did not say anything about this when the judge made his decision, then you need to ask for your money back. Or at least have him file an appeal for you for free.

Damn.

 

[madwabbit]

 

[Saintsfan6]

What Nathan said. If the OP is not being truthful, withholding info, or is misleading, it will become apparent after a brief investigation. If he has proof that he is the legal owner of the firearm and has done exactly what was necessary to retrieve his stolen firearm, but the judge denies the return of his firearm because of the type of firearm (which is completely legal) then he must be held responsible for his misconduct and mistreating of the OPs rights.

I would like to think the OP has provided all relevant information and is not attempting to mislead us. I am taking his word on the situation, because I have no reason to believe he is lying. Am I missing something?

 

[Nathan Hale]

What Nathan said. If the OP is not being truthful, withholding info, or is misleading, it will become apparent after a brief investigation. If he has proof that he is the legal owner of the firearm and has done exactly what was necessary to retrieve his stolen firearm, but the judge denies the return of his firearm because of the type of firearm (which is completely legal) then he must be held responsible for his misconduct and mistreating of the OPs rights.

I would like to think the OP has provided all relevant information and is not attempting to mislead us. I am taking his word on the situation, because I have no reason to believe he is lying. Am I missing something?

Agreed.
No, I don't think you are missing anything.
I take the OP at his word and comment accordingly. If he is not being accurate, then he is not being accurate.
My comments are based on what the OP has asserted.
I do not understand what point MOTOR51 is trying to make: should I not give advice or express an opinion unless I have some minimum level of corroboration? This is a discussion forum after all.

 

[JR Priest]

The only Paperwork thats been filed is for the 2 motions to release property. I filed those myself as hiring a lawyer will cost as much as the firearm. I have had a local police Detective of mine do the legwork in getting the investigating officers to sign off on it. I have also had a lawyer friend contact the DA to make sure he was following through so the ******** subpeona to appear to testify on my firearm wasnt a total waste of time. But it still was. Like i said lawyers arent too keen on pissing off judges lest they have to appear in front of them again so Im goin to the judiciary council this week. Someone else said to register it which i may do

 

[madwabbit]

quite an intriguing post for your first. just sayin. you sure there isn't some other reason someone said you can't get it back. are you sure someone didn't just say "there's a process to get it back"?

not getting it handed back that minute is not "stealing it". this would be national media if it were at the value you presented it at, and the NRA would be on this like stink on turd soup. Either whole story is horse manure or you're omitting major details.

 

[MOTOR51]

NRA Member needs Legal Help! Judge Refuses to Return Firearm to Burglary Vict...

quite an intriguing post for your first. just sayin. you sure there isn't some other reason someone said you can't get it back. are you sure someone didn't just say "there's a process to get it back"?

not getting it handed back that minute is not "stealing it". this would be national media if it were at the value you presented it at, and the NRA would be on this like stink on turd soup. Either whole story is horse manure or you're omitting major details.

Watch it now, you are not suppose to think outside the box. Take everything people say and believe it. After all, it's on the Internet and this is a discussion forum.

 

[Nathan Hale]

An attorney will represent you in this matter. "Pissing off the judge" is not the problem. Judges get overruled by appellate courts without getting bent out of shape at the attorneys who have appealed (if they take issue with someone, it is with the judges that overruled them.) The problem for you is that it will cost you quite a bit to go that route.
From what you have said, you did everything you were suppose to procedurally; if not, do it. Otherwise do everything legal you can think of, that won't cost an arm and a leg, to get your rifle back. Filing a complaint with the Judiciary Commission is free, but it can sometimes take them awhile to do their investigation.
I'm interested; please keep us posted.

 

[Saintsfan6]

I assume the OP is telling the truth because doing so does not impact me. I will take him by his word because I don't see what he has to gain by lying to the members of this forum. If he is lying, he won't have a legal leg to stand on and it won't get anywhere and won't negatively impact me.

 

[JR Priest]

The DA said i was going about it the right way. Its basically a typical new orleans run around. The first time I asked the DA what paperwork and from whom was needed he said he wasnt sure. When I testified in the criminal case I had to Identify my firearm. That DA said they were gonna "help me" get my gun back. Subsequently she stopped returning my phone calls. I saw her when i went to the main state DA office and she looked like a deer in headlights. im not implying anyone is trying to steal my gun. just incompetence or indifference by the DA and lack of respect for the law by the judge. maybe its because I have tattoos

 

[ta2d_cop]

maybe its because I have tattoos

Yeah that's it.....

Prolly nothin to do with your gun ending up in one of the most dysfunctional legal systems in the country and definitely nothing to do with you representing yourself and getting legal advice from a cop and lawyer friend.

Just flie the complaint and appeal and enjoy the ride. You'll get it back eventually.

 

[Robbie]

I'm curious Too!

 

[Nathan Hale]

I assume the OP is telling the truth because doing so does not impact me. I will take him by his word because I don't see what he has to gain by lying to the members of this forum. If he is lying, he won't have a legal leg to stand on and it won't get anywhere and won't negatively impact me.

I agree.

 

[frankinola]

Hire a criminal attorney to file a writ with the 4th circuit - that is the path to take and they do this type of stuff for a living. if you take the option to represent yourself then you will need to take the time to educate yourself and this will be frustrating because our legal system is really self represented setup. going to the judiciary commission will not get your property returned to you, they are not a court of review of decisions of a judge, they investigate misconduct and the judge ruling not to return your property is not misconduct - he just refuses to return your property. the following is a suggestion and not legal advice, strongly suggest you see an attorney. if you insist on going the path yourself is going to be time consuming and frustrating at times. the following in not legal advice. so 1) you will need certified minutes and the judgement from criminal court where the judge denied your motion to return your property. 2)then you draft up a writ to file with the 4th circuit, you will need to reference the case number from criminal court and defendant name summarizing the facts of the case, then discuss your motion which was filed to return the property, then the decision of the judge. then you need to cite the law on how the judge is in error - look at the state constitution about the property rights and then cite RS 46:1844, rights of victims in particular paragraph (L). ( http://www.legis.la.gov/legis/law.aspx?d=100449) you may want to some research online for other supporting laws for return of your property. you can try to bring in 2nd amendment issues from LA law - again cite the law why the judge is in error. 3) then ask for relief, requesting the 4th circuit to order the trial court judge to release/return your property. also you may need to provide proof that you are not prohibited by state or federal law from possessing or purchasing a firearm.
just suggestions, but hire an atty

 

[pyreaux]

Why not have some fun with it and request assistance from the ACLU ?

 

[Saintsfan6]

Why not have some fun with it and request assistance from the ACLU ?