My Firearms Are Being Held For Absolutely No Reason. Is there anything I can do?

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  • JamesBoyd

    Member
    Mar 29, 2014
    15
    Temple Hills, MD
    Hi,

    Very long story very short, I have an unhinged ex girlfriend who attacked me with mace, and then filed a protective order on me. As to comply with the law, I surrendered my firearms temporarily throughout the duration of the order. A few weeks later her and I were back in court and she dropped the protective order, full send. However, the timing could not have been more unfortunate. This was early March when COVID was just being recognized as a large issue.

    For almost three months now, any time I call PG Sheriff's Dept. to arrange to pick my handgun and rifle up, they tell me that they are "not operating in that capacity at the moment" and to call back in 3 to 4 weeks. I have nothing on my criminal record, the protective order was dropped and I should be able to get my property back.
     

    Sealion

    Ultimate Member
    MDS Supporter
    May 19, 2016
    2,710
    Balto Co
    Besides the obvious, get a lawyer, I don't have much to offer other than my sympathy for your situation.
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,307
    Underground Bunker
    It will take a while to get them back , it happened to a well known member here and maybe if he reads this he may share . Out of courtesy and respect I will not mention his name
     
    How much are your guns worth? If less than, say $1000, it might be best to wait it out and hope they will eventually give them back.
    Something similar happened to me c.2006 with Baltimore City. It took almost 2 years and a lot of headaches to get my firearms back.
    I was never even charged with anything.

    EDIT- I'm who Welder516 was referring to above.
     

    Name Taken

    Ultimate Member
    Feb 23, 2010
    11,891
    Central
    You could file a Writ of Mandamus with the courts forcing the government to do an act they are required to do.

    However I'd suspect that the courts are closed for those types of functions.

    Probably in a wait it out situation honestly. If you can file the writ they will have to comply or the agency will have to explain why they can't.
     

    MaxVO2

    Ultimate Member
    MDS Supporter
    ****This happened to one of my range friends. Even with the courts being open back then, and a lawyer, it still took him over a year to get his firearms back. He was going through a divorce though, and his ex had a protective order that she also dropped. You will probably just have to wait this out as others have said. Here in Maryland, getting a persons guns back to them in a timely manner after a protective order is not a priority for law enforcement. Probably less so now due to so much being closed.
     
    Feb 28, 2013
    28,953
    ****This happened to one of my range friends. Even with the courts being open back then, and a lawyer, it still took him over a year to get his firearms back. He was going through a divorce though, and his ex had a protective order that she also dropped. You will probably just have to wait this out as others have said. Here in Maryland, getting a persons guns back to them in a timely manner after a protective order is not a priority for law enforcement. Probably less so now due to so much being closed.

    Worse... some of em may disappear

    “Ooh... I always wanted one of those, and that peasant doesnt need guns. I’ll just take this one home for safe keeping” :innocent0
     

    Steel Hunter

    Active Member
    Nov 10, 2019
    548
    Let this be a lesson...…..NEVER surrender your firearm.

    *Never surrender firearms without a lawyer and witness present. There are cases where you have to in order to not be prosecuted. If you ever have to use a CCW, that gun is almost certainly being taken for several months.
     

    KJackson

    Ultimate Member
    MDS Supporter
    Apr 3, 2017
    8,614
    Carroll County
    On another note. IANAL, but I believe if you have the money, you should be able to buy something to have until you can get them back if you are feeling the need for something.
     

    Combloc

    Stop Negassing me!!!!!
    Nov 10, 2010
    7,216
    In a House
    *Never surrender firearms without a lawyer and witness present. There are cases where you have to in order to not be prosecuted. If you ever have to use a CCW, that gun is almost certainly being taken for several months.

    Nope. I can think on no instance where I would allow anyone to disarm me without killing me. That's called being a free man.
     

    GuitarmanNick

    Ultimate Member
    Jan 9, 2017
    2,221
    Laurel
    A friend of mine had his guns destroyed by AA county supposedly because he did not pick them up as soon as the protective order was dropped. The problem, was the judge had placed him on a probation that said he had to wait a year until he could pick up his weapons. He never got any notification and the sheriff's office refuses to produce any paperwork.

    I suspect they were stolen by members of the sheriff's office.

    I would not wait. Get an attorney.
     

    Stoveman

    TV Personality
    Patriot Picket
    Sep 2, 2013
    27,990
    Cuba on the Chesapeake
    Hi,

    Very long story very short, I have an unhinged ex girlfriend who attacked me with mace, and then filed a protective order on me. As to comply with the law, I surrendered my firearms temporarily throughout the duration of the order. A few weeks later her and I were back in court and she dropped the protective order, full send. However, the timing could not have been more unfortunate. This was early March when COVID was just being recognized as a large issue.

    For almost three months now, any time I call PG Sheriff's Dept. to arrange to pick my handgun and rifle up, they tell me that they are "not operating in that capacity at the moment" and to call back in 3 to 4 weeks. I have nothing on my criminal record, the protective order was dropped and I should be able to get my property back.


    Some specifics, what brand of rifle and handgun? Might be cheaper to just buy new ones than hire an attorney.
     

    Tungsten

    Ultimate Member
    Jan 1, 2012
    7,231
    Elkridge, Leftistan
    It won't help the OP, but for the rest of us to use this as a lesson learned:

    1. If you are ordered to surrender firearms, is there a way to surrender them to a different entity that would be more responsive to giving them back once you are cleared?
    2. If they are out of state, can you be jailed/fined for contempt of court for not producing them?
     

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