Case to watch
Interesting Michigan case. Man does dumb thing with fake gun. Gets police called on him, who come and take all of his guns. They find an illegal shorty shotgun. He’s convicted but petitions to have his lawfully owned guns returned to his mother. This all occurred without forfeiture proceedings. So, a judge ordered them returned. Their return is being appealed by the prosecutor.
October 16th, 2012 at 8:53 pm
If the BATFE was actually into enforcing laws against felons, they could still step in and seize the firearms.
They were in the possession of a felon at one point, and are still considered contraband under federal law.
They would need to begin a civil case against his mother, asking a judge to order her to turn them over.
October 17th, 2012 at 3:02 pm
What a dumb-ass.
One does wonder how sawed-off we’re talking here, though. Was it eg. 1/4″ under legal (which, while still illegal, one might think someone could possess un-knowingly)? Or was it something obviously too short, like a 10″ barrel?
Not that it matters to the law, of course, but it affects one’s sympathy with him.
Kristophr: I’m not sure the courts will agree that he’s “a felon” before his conviction for the crime, is the thing.
October 18th, 2012 at 4:37 pm
Why is barrel length a legal matter in the first place? Is this Canada?