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Gun collection confiscated, no charges files. Is that legal?

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  • cpileri

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    May 11, 2011
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    near Fort Hood (Killeen)
    I guess it must be.
    DHS Raids Gun Collector - Confiscates Nearly 1,500 Guns - No Charges Filed : Freedom Outpost

    SHort story is DHS was looking at this guy, a collector and possibly (unclear from article) an ffl, in NM for "years" and "raided" his home and office, confiscating ~1500 guns of various types. No charges filed.

    If this story is true, of course. There must be more to it.

    but it does lead me wondering:

    1. if no charges are filed, how can they take anything at all? reasonable suspicion? probably cause?
    2. what does the rest of his house look like?
    3. if he is innocent of whatever they are looking for, does he get his stuff back? in decent condition? Maybe he has a kids college education tied up in that collection. Just speculating on that of course.
    4.did he have any clue he was being watched? how sudden are these things?

    I guess I am concerned because there is so much missing from the data we have.

    C-
    Hurley's Gold
     
    Last edited:

    txinvestigator

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    I guess it must be.
    DHS Raids Gun Collector - Confiscates Nearly 1,500 Guns - No Charges Filed : Freedom Outpost

    SHort story is DHS was looking at this guy, a collector and possibly (unclear from article) an ffl, in NM for "years" and "raided" his home and office, confiscating ~1500 guns of various types. No charges filed.

    If this story is true, of course. There must be more to it.

    but it does lead me wondering:

    1. if no charges are filed, how can they take anything at all? reasonable suspicion? probably cause?
    2. what does the rest of his house look like?
    3. if he is innocent of whatever they are looking for, does he get his stuff back? in decent condition? Maybe he has a kids college education tied up in that collection. Just speculating on that of course.
    4.did he have any clue he was being watched? how sudden are these things?

    I guess I am concerned because there is so much missing from the data we have.

    C-

    It is probable cause. A search warrant, based on PC was executed. Such warrants allow potential evidence to be seized and examined. No charges are required, and it is not unusual in such a case for evidence to be seized based on a search warrant, tin foil reporting aside.
     

    okie556

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    Are they saying serial numbers removed? If so charges will be filed and rightly so.

    The guns were also not properly marked possibly to make the guns more valuable and to avoid paying high import taxes, investigators alleged.
    However, a bigger concern is that no markings on the guns and missing documents mean the guns are not traceable by law enforcement.


    Read more: DHS Raids Gun Collector - Confiscates Nearly 1,500 Guns - No Charges Filed : Freedom Outpost
     

    zembonez

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    I'm willing to bet there is a LOT more to this story. 1500 guns? I know he has every right to them, but there must have been a red flag somewhere.
     

    deemus

    my mama says I'm special
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    It is probable cause. A search warrant, based on PC was executed. Such warrants allow potential evidence to be seized and examined. No charges are required, and it is not unusual in such a case for evidence to be seized based on a search warrant, tin foil reporting aside.

    If I remember my old pappy correctly, you can't even get a search warrant without a high degree of probability that you will find a violation when you get there. Is that correct?
     

    txinvestigator

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    If I remember my old pappy correctly, you can't even get a search warrant without a high degree of probability that you will find a violation when you get there. Is that correct?

    There are many factors in determining probable cause for a search warrant. But your dad was pretty much on.
     

    TX69

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    Most likely he will never see his property again as it will be "examined" for a Looooooonng time by the poorly staffed department. If does get his property back it ill be FUBAR'd and have far less the value it did before. He should have insurance and make a claim.
     

    txinvestigator

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    Most likely he will never see his property again as it will be "examined" for a Looooooonng time by the poorly staffed department. If does get his property back it ill be FUBAR'd and have far less the value it did before. He should have insurance and make a claim.

    You base that on what experience or evidence?
     

    deemus

    my mama says I'm special
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    Most likely he will never see his property again as it will be "examined" for a Looooooonng time by the poorly staffed department. If does get his property back it ill be FUBAR'd and have far less the value it did before. He should have insurance and make a claim.

    I think it's unlikely insurance would pay. Either due to the possibility of the guns being returned, or them being illegal and uninsurable.
     
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