Hello...needing a little advise

glock_girl

glock_girl

New member
Location
Niagara Region, Ontario
Hi everyone. I just joined and am very new to owning a firearm. I have a situation that I'm hoping someone can give me any advise on from this community. This will be a little long, so please bare with me...

My husband and I have valid licenses for both non-restricted & restricted. Once we obtained the licenses, we also bought 2 glocks that we kept at home. Due to an ongoing family dispute that was going on about 2.5yrs, a family member accused my husband of posting things on the internet which in turn caused the police to get a warrent to search our premises for the computer equipment, but they also seized the guns saying they were improperly stored. They were actually locked in cases - the only thing missing was the trigger locks, which in an ironic twist my husband was attemtping to do and the locks were taken along with the guns when seized that day.

A year later, the court cased was finally settled and the guns are supposed to be returned back to myself (in order to settle the court, my husband had to agree to a 3 year ban to no guns due to the storage issue) as per our lawyer, the crown & the judge. It's now been over 3 months and the police are refusing the hand over the guns to me, saying they are waiting to hear from their own legal counsel as they say the situation is abnormal.

I spoke to the officer today who's holding the guns. He advised that "if" the guns come back to me, they won't be able to be stored in the home due to my husbands conviction for unsafe storage. I asked for my license to be returned as I have no convictions against me so that at least I could continue to go to a club and practice while the gun situation was up in the air. He gave me the runaround saying he'll call a few people and get back to me. I wrote my lawyer and am waiting to hear back.

My lawyer has wrote them a few times, and they keep persuing any means possible to keep the guns it seems.

So, any help possible would be appreciated. Thank you
Kathy
 
Hi. There's nothing we can do your lawyer isn't already. Your lawyer should be making all the phone calls. That's what he's paid to do.
You could try having him file a Writ of Mandamus. Essentially, it gives the Crown 30 days to give you a written reason why your property hasn't been returned.
It's also possible the cops have destroyed your property already.
 
I believe "Sunray" gave you the right reading on this. You're unfortunately in a situation where nothing said outside the court really matters, and you're trying to do something that your husband's conviction makes very difficult. We can all give you opinions, but
your lawyer is in fact the only person who can do anything at all. He/she may not be able to do much, given that a conviction already occurred concerning storage of the pistols. "Safe storage" is a big part of Canada's firearms policies, and if it's already been established (by the conviction) that there was no "safe storage", the police will be extremely cautious about allowing any firearms in the residence, no matter who holds a license. You'd best keep talking with your lawyer.
 
Thanks all of you. I was hoping for something more 'Been there done that', and thoughts on how to get those guns back.

It frustrates me that both of us are gun owners, have no kids, or non licensed owners in the home, and the guns were out of sight and secure. Being restricted they needed both trigger and case locked though.

I talked to the gun club I bought them from, and he suggested ( through lawyer/talking with fireaem chief ) to transfer the Glocks to him, and he can sell them. I might do this, and keep a store credit with my membership active until my license is back, this matter blows over fully, then purchase new guns then with the credit.

Thanks all again for the thoughts.
 
Well did the warrant say that they could search more for than your computers? Why were they looking at gun cases?

Shouldn't the improper storage charge be dropped if it wasn't part of the search warrant?

Oh yeah, Welcome to the site! I invite my wife to the range everyday with no success. Any advice for me on jow to get her there?
 
New, and Novice, you probably hit on why the crown and police were willing to go ahead with a "deal" including a ban for the husband and not the OP. And why they agreed to a court decision to return both guns to the OP. Now the problem is the cops probably were not thrilled with the deal - federal prosecutors made lots of deals I wasn't thrilled about, but it was either take the deal, or have the crown "stay" the proceedings, if you did go ahead and swear an information - so they are trying to make life difficult. Obviously, if the OP uses a combination lock on a combination locker, as well as combination trigger locks, the police assertion that she cannot have guns in her home is pure harrassment.

MTF suggests the police "allow" guns into a home. It has zero, nadda, zilch to do with police "allowing" anything. They are public officials, proscribed by the Criminal Code from exceeding their lawful authority.

OP, get your lawyer to earn his keep, and get on the cops' case. Just have in place a combination locked storage cabinet, combination trigger locks, and be able to honestly swear your husband does not know the combinations.
 
new and novice said:
Well did the warrant say that they could search more for than your computers? Why were they looking at gun cases?

Shouldn't the improper storage charge be dropped if it wasn't part of the search warrant?

Oh yeah, Welcome to the site! I invite my wife to the range everyday with no success. Any advice for me on jow to get her there?
Click to expand...

Hello.

The warrant said 'computers & related electronics' ( storage drives etc ) The police new ahead of time we were both gun owners, and as such wanted to know where the guns were. My guess is to ensure the guns were not on us, in car, etc.
So in searching home, for what the warrent requested, they found the guns too in safe, but not 'proper' storage and thus seized them and all ammo.

To avoid trial, high expense, and risking both of us being charged, my husband took an unsafe storage and 3yr probation in exchange for myself to be fully cleared and the crown agreed to have his firearm transfered into my name. The judge in court agreed to everything also. It bothers me the Crown and a Judge agree to have my guns returned, yet the police refuse to oblige them.

Last, thanks for the welcome. Its a shame your wife doesnt join you. I think its something that some women either find really cool, or they don't. Sort of like myself watching hockey too..lol

Suggest to her, its a great way to spend more time :)

Thanks again
 
ykkid said:
New, and Novice, you probably hit on why the crown and police were willing to go ahead with a "deal" including a ban for the husband and not the OP. And why they agreed to a court decision to return both guns to the OP. Now the problem is the cops probably were not thrilled with the deal - federal prosecutors made lots of deals I wasn't thrilled about, but it was either take the deal, or have the crown "stay" the proceedings, if you did go ahead and swear an information - so they are trying to make life difficult. Obviously, if the OP uses a combination lock on a combination locker, as well as combination trigger locks, the police assertion that she cannot have guns in her home is pure harrassment.

MTF suggests the police "allow" guns into a home. It has zero, nadda, zilch to do with police "allowing" anything. They are public officials, proscribed by the Criminal Code from exceeding their lawful authority.

OP, get your lawyer to earn his keep, and get on the cops' case. Just have in place a combination locked storage cabinet, combination trigger locks, and be able to honestly swear your husband does not know the combinations.
Click to expand...

Hi,

Thank you very much for your post. Forgive my not knowing some of the abbreviations - by OP - I'm assuming it's original poster, but MTF I'm not sure about.

I will be taking the info. and sending it on to our lawyer for sure. I think that's a great suggestion regarding the combo locks and am hoping that with some more info can get something happening. I'll keep you all posted as to what goes on.

thanks again for the help.
Kathy
 
I hate to say it........but perhaps a new lawyer with some "balls"? If the police have been told by the judge/crown to release your pistols.....WTF? Police have to follow the rules too. Your lawyer should accompany you down to the station and retrieve your property with you (of course with an ATT).

Welcome to the site BTW... :)
 
Again I am no Lawyer, but isn't that an illegal search and seizure? What did your lawyer say about the fact that they seized your guns without having a warrant to search for them?

I think your lawyers job is far from over. He needs to get a court order for an immediate release of your guns to you.
 
Wolfgang1944 said:
I do not mean to be hurtful, but feel you are with holding some of your story. I would be surprised if you ever get your glocks back.
Click to expand...

Guten Tag! I like your name, and have an interest on pre '45 Germany. Do you share the same interest?

I don't think you are being hurtful at all, and assure you I am being 100% honest as I seek the best possible help/advice.

I'm going to ask the firearm chief tomorow if transfering the Glocks to the gun club I bought them for will be an option. The gun club owner said he is fine on his end and will sell them for me if needed.

Thanks for sharing your story with me.
 
Armourall said:
I hate to say it........but perhaps a new lawyer with some "balls"? If the police have been told by the judge/crown to release your pistols.....WTF? Police have to follow the rules too. Your lawyer should accompany you down to the station and retrieve your property with you (of course with an ATT).

Welcome to the site BTW... :)
Click to expand...

I totally agree, What makes me mad, is that my husband took a 3yr ban from his gun to cut a deal with the crown. The deal being all other charged ( family dispute ) dropped, and my charge of unsafe storage dropped, and also that my gun, and his were to be returned.

This was agreed by the crown, and accepted by a judge. The judge originally stated my husbands gun to be destoryed, but my lawyer spoke up and mentioned the 'arrangement' with the crown.
The judge said that was fine, and the case closed.

I am so pissed off the police are not releasing the guns, and instead seeking legal advice on their own now.
I have two friends who are police, and they say the situation is 'unusual' and undsertand the police hesitation. Myself, I disagree. I say if we the pople must follow the law, then so to do police.

I'm actually looking up lawyers in the Toronto area ( close to me ) who deal just with fireaem cases, as I want my Glock back. This to me violates my civil rights.

Thanks for the welcome.
 
new and novice said:
Again I am no Lawyer, but isn't that an illegal search and seizure? What did your lawyer say about the fact that they seized your guns without having a warrant to search for them?

I think your lawyers job is far from over. He needs to get a court order for an immediate release of your guns to you.
Click to expand...

My lawyer said the law is the law. Meaning once police enter your home, and see a crime, you will be charged on that matter too.
Such as finding a grow-up when having being looking for a PC. The guns did not meet the required safety, and for that I was guilty of a very serious crime.
 
Hi,

Just wanted to thank everyone for the help, stories and advise again. Will keep you all posted as to what lawyer says and what I can find out as this goes on. Hopefully no one else has to go through this situation, but if so, it can help someone else.
 
Last edited:
Alright let me get this straight... Your pissed off now because you were too lazy to legally store your guns and now the police wont give them back once youve been convicted in court.... Hummmmmmm

What is your excuse as why they were not stored legally
 
I think you really need to seek the advice of a lawyer who specializes in firearms law, OR your existing lawyer needs to aggresiively pursue the matter for you. The police have already told you they will refuse to give back your property until someone makes them. Your lawyer should be capable of doing that, or you need a new lawyer.
 
glock_girl said:
a family member accused my husband of posting things on the internet which in turn caused the police to get a warrent to search our premises for the computer equipment
Click to expand...

Your asking the good people here for advise you should at least tell us what the warrant was searching for on your computers etc. Depends what they were searching for and what charges were laid probably depend on how many people are willing to offer advise.
 
glock_girl said:
Hello.

The warrant said 'computers & related electronics' ( storage drives etc ) The police new ahead of time we were both gun owners, and as such wanted to know where the guns were. My guess is to ensure the guns were not on us, in car, etc.
So in searching home, for what the warrent requested, they found the guns too in safe, but not 'proper' storage and thus seized them and all ammo.

To avoid trial, high expense, and risking both of us being charged, my husband took an unsafe storage and 3yr probation in exchange for myself to be fully cleared and the crown agreed to have his firearm transfered into my name. The judge in court agreed to everything also. It bothers me the Crown and a Judge agree to have my guns returned, yet the police refuse to oblige them.

Last, thanks for the welcome. Its a shame your wife doesnt join you. I think its something that some women either find really cool, or they don't. Sort of like myself watching hockey too..lol

Suggest to her, its a great way to spend more time :)

Thanks again
Click to expand...

If they were in a safe, how can they not be properly stored ?

Am I missing something ?
 
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