caboose84
NES Member
Not good, suit tossed out...
http://unionleader.com/article.aspx...rticleId=ae255ab0-90dc-4eab-a1cd-b4539a8f6259
http://unionleader.com/article.aspx...rticleId=ae255ab0-90dc-4eab-a1cd-b4539a8f6259
If you enjoy the forum please consider supporting it by signing up for a NES Membership The benefits pay for the membership many times over.
Be sure to enter the NES/MFS May Giveaway ***Canik METE SFX***
Jim will get his day in court...
Judge tosses gun range owner's challenge of firearms seizure
Mobile
Share on Facebook
ShareThis
Reader comments
By PAT GROSSMITH
New Hampshire Union Leader Staff
5 minutes ago
NASHUA – James L. McLoud, owner of the Manchester Firing Line Range, lost his legal battle to get back nine rifles seized by the New Boston police chief executing a temporary restraining order against a New Boston man.
Hillsborough County Superior Judge Gillian Abramson dismissed the case this morning, saying the court had no authority to rule on the matter and that jurisdiction lies exclusively with the Goffstown District Court, Family Division, according to Hillsborough County Attorney Robert M.Walsh.
"The judge properly found the Family Division had authority over this matter and over the guns," Walsh said. "This was an attempt to do an end-run around Judge (Paul H. ) Lawrence's authority and the Goffstown Family Division and Judge Abramson would not allow it."
Police Chief Christopher L. Krajenka said he was elated by the judge's ruling which he considers the right decision.
"I did my job," he said. "There are still some people with very hard fellings about what has occurred. This was a case of domestic violence and it was turned into a guns rights issue. It was about protecting a victim of domestic violence and that's all it had to do with, at least from the department's view."
The weapons were owned by Michael Murphy of New Boston. On Oct. 1, he consigned 22 firearms to the firing range. Some of the weapons were sold and Murphy took back more which were allegedly sold to his friends, Walsh said. Nine rifles were left on consignment at the firing range.
Murphy was involved in a domestic violence case with his estranged wife who was granted a temporary restraining order barring him from possessing any firearms. The order has since been made permanent, Walsh said.
On Jan. 27, Krajenka went to the Manchester firing range and, acting on the temporary domestic violence order issued out of the Goffstown court, seized the nine rifles McLoud still had in his possession.
Krajenka said he was portrayed by some people as a rogue cop when, in fact, he had consulted with the county attorney's office.
McLoud maintained the weapons posed no threat because Murphy had to pass a criminal background check before he could regain possession of the guns - something McLoud said was impossible for Murphy because of the temporary domestic violence restraining order.
McLoud said he plans to refile with Goffstown District Court.
"I'm not done yet. It's far from over," he said. "It's a property rights issue with me. My case has never been heard on its merits, in Goffstown or today. I'm going to have my day in court and this is going to cost New Boston a lot of money before this is through.
"I own those guns and they took those on a domestic violence petition. That's my inventory at that point. I had an ATF special agent in the room ready to testify and she (the judge) wouldn't even hear us. We plan on forcing (Goffstown District Court) Judge Lawrence to make a decision."
Walsh said New Boston police will keep the nine rifles as long as the court order barring Murphy from possessing firearms is in effect.
McLoud said he plans to refile with Goffstown District Court.
"I'm not done yet. It's far from over," he said. "It's a property rights issue with me. My case has never been heard on its merits, in Goffstown or today. I'm going to have my day in court and this is going to cost New Boston a lot of money before this is through.
"I own those guns and they took those on a domestic violence petition. That's my inventory at that point. I had an ATF special agent in the room ready to testify and she (the judge) wouldn't even hear us. We plan on forcing (Goffstown District Court) Judge Lawrence to make a decision."
I love how the turd Krajenka tries to smear gun owners by referring to it as a "gun rights issue". No, you a**h***, you stole guns from a gun shop... this isn't an RKBA issue, it's an issue of abusing the power of the state to steal property from them which is not yours to take!
-Mike
It certainly shows you how he feels about common folk having guns though
That too. I was referring to how he twisted this into an RKBA thing.
You can support him by going up to the store and using the range and buying something.
That's right. While federal firearms law does have to do with the facts of the case, the case is essentially a state contracts and state/federal constitutional property law issue. It's also a state case about the specific statute empowering the judge to issue the order, and the extent of the order. It's a few simple issues in a complicated jumble.I love how the turd Krajenka tries to smear gun owners by referring to it as a "gun rights issue". No, you a**h***, you stole guns from a gun shop... this isn't an RKBA issue, it's an issue of abusing the power of the state to steal property from them which is not yours to take!
I think in Mass that if a person gets their guns taken by the police- a FFL can take the guns.
Is that true?
Where is the NRA???!!!
i find your ideas intriguing, and would like to subscribe to your newsletter.