6 Guns Confiscated

[Locksmith]

No longer valid

[ninemm]

Without a warrant?

[Locksmith]

No longer valid

[shootthesheet]

Is your step dad a member of the NRA? If he is I would suggest he call "Member Services" and get info on how he can obtain an experienced attorney who knows the state and federal firearm laws. I don't know why the state of RI would think it has a right to confiscate guns that do not belong to the person charged with a crime. They do not and an experienced lawyer should be able to get them back. I don't know what that lawyer would suggest but AFTER he gets them back he may want to bring a lawsuit against the department and city that is responsible for violating his civil rights. That is IF he had nothing to do with the incident and has made no provable threats against your sister. That is just my opinion and I am not a lawyer. If he is not a member of the NRA he needs to ask around shooting clubs and/or state organizations to find a lawyer.

[stevie_d_64]

Obviously something wrong here...

I'd lawyer up...

[bryang]

This whole situation sounds like a horror story...definitely he needs a good lawyer. I hope he is a member of the NRA and that they will take the case. Your mother and stepfather both need some experienced help.

-geo

[Oldgringo]

This whole thing smells to the high heavens; e. g:

* Your sister got an order restraining your mother from what?
* Your stepfather surrendered his guns without a warrant and didn't get a receipt?
* RI is a yankee state but is it one of the yankee states that requires some form of gun registration?
* Where is the restraining order against your druggie sister ever coming on the property again?
* How far is it from Ft. Worth to Providence? Whatever it is, be glad.

Good luck.

[03Lightningrocks]

Is this a real story??? It sounds like something from a Jerry Springer show. Man....my life is boring. I never have any crazy stuff like this to tell about.

[Liberty]

This whole thing smells to the high heavens; e. g:

* Your sister got an order restraining your mother from what?
* Your stepfather surrendered his guns without a warrant and didn't get a receipt?
* RI is a yankee state but is it one of the yankee states that requires some form of gun registration?
* Where is the restraining order against your druggie sister ever coming on the property again?
* How far is it from Ft. Worth to Providence? Whatever it is, be glad.

Good luck.

Today any suspicion of domestic violence seems to give proper cause to strip away ones civil rights. The accusation here will cause you to bot be allowed to purchase a gun. Domestic violence doesn't have to be proven ore even involve physical violence.

Its pretty hard to demand anything from the police during a confrontation. The courts almost always believe the police, and the police are the ones that have the pepper spray, the big stick guns and the ability arrest.

The step father may have to get his own lawyer to get the guns back.

RI registers the owner not the gun.. At least 20 years ago they did.


I'm not convinced that this couldn't pretty much happen here. Although the attitudes by LEOs are a little more gun friendly the laws may not be that much different.

[trvlgnome]

I've been watching the new england area's changes in laws and policies for a few years now. Having grown up there I am constantly amazed by how liberal the state governments are getting. Massachusettes has always been bad, the gun laws are worse. Lately RI and CT have been folowing suit. It might interest some to know that last year, RI had the hights number of CHL's per capita of any state (at least in the study that I read).
That being said, we had a situation with the MA police; my grandfather had several guns in his closet and at the time was being checked on a few times a week by a nurse due to his failing health. One day the nurse happened to open the closet and apparently freaked out, called the police and reported an old guy with lots of guns ( I think the total of rifles, shotguns and pistols came to 5 ). The police came and removed the firearms. You know, for safety sake.
Some of them were actually my father's and all of them should have passed to him anyway. The MA police however, have a zero tolerance law for transporting firearms through the state and refused to allow my father to pick them up and bring them the 2 hrs north to NH. In case anyone doesn't know, NH, VT, and ME have some of the most gun friendly laws on the books. Anyway, to make a long story a little shorter, it took two years to get the firearms returned to they're owner(s) even though no crime had ever been commited.
So, I have to agree. Lawyer up and keep on top of it. Definately need someone who is on top of that particular states current gun laws as well as family law.
Good luck to both of them.

[KRM45]

I don't know RI law, but here in Texas this is Class A assault with the family violence upgrade. Your mother would loose her guns here too. She and her husband need to hire a lawyer and vigorously defend themselves. Posting the details of the event on a public forum will not help her case.

On a personal note, i'm sorry that your family has been affected by drug additiction. Perhaps your mother would enefit from attending an al-anon meeting. I have seen them make a world of difference.

[txfireguy2003]

Did they also remove all of the knives from the kitchen? Those are weapons as well....What about your old baseball bat from when you played little league? Dad needs to get a lawyer, fight them tooth and nail to get his guns back, then file suit on them for violating his rights! They have no right to confiscate legally owned firearms from someone who merely lives in the same residence.

On a personal note, as mentioned by another poster, I am truly sorry your family has been affected by drugs and family violence. Many a druggie will say that their drug use is a "victimless crime" and that is pure bovine fecal matter! The families, children, friends etc of the druggie all suffer for years, if not the rest of their lives! If your parents choose to attend an al-anon meeting, they will likely learn the concept of "tough love" which it sounds to me like your sister needs. Do not allow her to stay in your home, do not loan her any money (not even for food) because that is only enabling the addiction. Addicts never get better until they decide to get better, and they have to hit rock bottom before they can see what the drug is doing to their lives.

Best wishes my friend, and I'll say a prayer for your family tonight.

[WarHawk-AVG]

Obviously something wrong here...

I'd lawyer up...

+1

Most definitely time to protect yourself! Not good...

It may get expensive...(you and your family will have to determine when enough is enough) but this is one of those times you need to stand for what you know is right!

"If you stand up and be counted, from time to time you may get yourself knocked down. But remember this: A man flattened by an opponent can get up again. A man flattened by conformity stays down for good." — Thomas J. Watson

[McKnife]

Please keep us updated on this situation. I am very interested.

Godspeed.

[couzin]

Unfortunately for the mother - she used force as such to inflict pain - therefore the assault charge stands good - shouldn't ought to have done it no matter how bad the daughter needed it. In RI - the police are within the scope of the law to determine if guns/weapons are in the home/domicile/immediate accessibility of the offender, guns are to be confiscated if a "permanent" restraining order is/has been obtained from either family or district court by the victim. It also means guns in a common household where the offender has residence, not contingent on who owns or has control over the guns/weapons. If this was a temporary restraining order - the guns, at the court's discrimination (or per local police policy) 'can' be returned - but they probably won't until all of this is resolved.

Best bet is to send the daughter on her way. Tell her independence is a good thing and she is a big girl now. Resolve the court case - then move and leave no forwarding address.