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.