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State Authorities in NH Screw Up Royally

Basic gist of it is, a guy gets a domestic restraining order slapped on him. His guns were consigned to a local FFL who was trying to sell them on his behalf. Local authorities went to the FFL, and seized the guns:

Krajenka said he simply was following Judge Paul H. Lawrence’s order out of Goffstown District Court.

“The court ordered the weapons to be taken. The weapons were taken,” Krajenka said.

And while Hillsborough County Attorney Robert Walsh insists Krajenka acted appropriately — especially in light of a domestic murder/suicide in Manchester last fall, in which guns should have been seized but were not — firing-range owner James L. McLoud has filed in court against the chief demanding the guns be immediately returned to him.

No, they were not taken appropriately. Legally they were in the custody of the FFL, and they were in his possession under federal law. I would file a Lost/Theft report with ATF, and let them sort the problem out.

Krajenka threatened to arrest him at his business, McLoud said, adding that he was tempted to get arrested to prove a point.

“(Krajenka) was very rude and disrespectful,” McLoud said. “I said, ‘You’re in my place of business. You need to shut your mouth.'”

McLoud hired Concord attorney Jason Major to argue in Goffstown District Court, in what is known as a writ of replevin, that the weapons should be returned to McLoud immediately.

“(Murphy) has the right to get (85 percent of) the money if they sell, but from a legal point of view, the guns are not leaving the range until someone passes a federal background check,” Major said.

“From our point of view, the guns were in the inventory of the company and under federal law couldn’t be returned Michael Murphy,” he said.

I’ve shot at Manchester Firing Line, actually, and is a very nice range. Kudos to the proprietor for standing up for himself. He’s in the legal right on this one and will win. I wouldn’t be surprised if a federal civil rights suit isn’t filed thereafter, since the seizure would have been a violation of his Fourth Amendment rights. Krajenka acted under color of law here.

11 Responses to “State Authorities in NH Screw Up Royally”

  1. OldEasterner says:

    Does anyone know if Krajenka filled out a 4473?

    If the ATF shows up and sees these guns on MFL’s books, with no proof of their whereabouts, isn’t MFL in trouble with the feds?

  2. OldEasterner,

    Technically, yes …. that is why the FFL should report the firearms stolen (yes, stolen) immediately (and I’m sure he has).

    Sebastian’s right …. I’d let the ATF handle it.

    Should be fun!

  3. Scott says:

    The ATF has in its possession two recovered stolen pistols which belong to Ed Stone, President of GeorgiaCarry.org. The ATF won’t return the weapons to their rightful owner.

  4. Flighterdoc says:

    Excellent idea – get the ATF on the LEO’s case for federal gun violations…. And go after the judge for conspiracy to commit those federal offenses, too.

  5. Scott says:

    The ATF has seized two recovered weapons that belong to the President of GeorgiaCarry.org’s Ed Stone. They know the guns belong to him but won’t return them.

    The ATF will take as long as it wants… it is the government.

  6. Shawn says:

    It doesn’t matter how in the right the dealer was they will get ruled against in court. Courts will always rule in favor of the police no matter how wrong or illegal activity the police engage in. And I do mean no matter. I could say some things.

    And the ATF will also help the police as they are a government agency.

  7. Scott,

    It kinda sorta doesn’t matter what the ATF has done, these weapons were legally in the possession of the FFL, and by federal law he must notify ATF if they’re stolen – makes it more interesting that they were ‘stolen’ by local law enforcement.

    Now the locals will get in a pissing contest with the ATF.

    Wonder who will win that one?

  8. Tam says:

    If the ATF shows up and sees these guns on MFL’s books, with no proof of their whereabouts, isn’t MFL in trouble with the feds?

    No. You book them out directly to the PD, careful to get date and time, and keep a copy of the officer’s report for your records. Happens all the time.

  9. Tam said

    No. You book them out directly to the PD, careful to get date and time, and keep a copy of the officer’s report for your records. Happens all the time.

    I sit corrected!

  10. Paladin says:

    File a complaint pursuant to 18 USC Sec. 241 and 242 against the LEO and his department and the Judge.

  11. Sebastian says:

    Those are criminal provisions, not civil provisions for which you could file a complaint with the federal courts. In order to prosecute under Sec. 241 and 242, which are criminal complaints, you’d have to convince a US Attorney to bring charges before a Grand Jury.

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