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Post by spinifex on Feb 1, 2023 14:19:30 GMT 10
I've decided to put posts from another thread on a different topic together here as a resource for others to learn from.
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Post by spinifex on Feb 1, 2023 14:21:20 GMT 10
I'm waiting to see if the ammo I had seized back in August gets returned in full. I too got handed a receipt without itemised ammunition. The young fella who was writing up the receipt started to itemise but the older officer 'in charge' instructed him not to.
I'm letting a lawyer deal with the recovery process.
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Post by spinifex on Feb 1, 2023 14:25:50 GMT 10
Member Comment: Lots of people say that. Then, like my mate, they spend $40k trying to get their guns back. All charges against him withdrawn or no conviction recorded, but FAR still decided he was unfit to hold a licence. All for bull$hit trumped up paperwork discrepancies, no real law broken.
So for anyone claiming they'll get a lawyer, I hope you have huge amounts of money to throw away.
Spinifex response: I'll give an update later on the outcome my lawyer gets and what it cost. At this point I'm quietly confident the system will generate an outcome which is sensible. But ... There are certainly no guarentees of that.
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Post by spinifex on Feb 1, 2023 14:27:25 GMT 10
Update as promised earlier:
The Firearms Branch has provided me with a cordial letter thanking me for my patience and to let me know my firearms are to be returned to me because I am fit to possess and use firearms. Total cost so far: $1000 in lawyer fees. $60 in medical report fees.
The slight frustration I'm having now is getting someone from the local Station where they are stored to return my phone calls. I've rung twice in two days (in the morning) and already had the officer named in my Firearms Branch letter handball my request to a different officer via Chinese whispers with the admin person who answers the phones. The admin person has twice informed me, after speaking to relevant officers, that those relevant officers will call me back - still waiting.
The situation is making me nervous. It's making me wonder if my rifles actually are where they are supposed to be - at that station in an evidence store. Hopefully my concerns are unfounded and the place is just crazy busy. I'm going in to the station in person on Monday to try and finalise the return of my stuff.
Stay tuned ... further updates to come.
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Post by spinifex on Feb 1, 2023 14:29:09 GMT 10
Member Comment: When you eventually get them back, check over them carefully for damage before you leave the station. There's been many stories of people getting the funds back and they are covered in nicks and scratches as they are just thrown in a corner and not handled with care. (My response is in next post)
Another member comment: Most living here on the farm have firearms licenses, so if anything happens to one person, we will transfer the weapons to someone else.
Spinifex response: The system doesnt work like that.
If someone reports you for any real or imagined reason ... at least 6 officers will arrive at your house, in the dark, and take all your registered firearms, your ammo and your gun licence. They will not be offering any choice to do anything other than hand them over because the basic aim is to remove your access to firearms to render you "safe" to the public around you. And heaven help you if all your guns and ammo are not correctly stored and accounted for because it would make later retrieval much harder. Another even more serious complicating factor is if the person triggering one of these seizures takes up a police offer to put an Intervention order against the firearm owner. And ... these things can be done without any allegations being fully investigated, without firearms owner and other witnesses being interviewed to establish the facts of the matter and without any charges being laid. Suffice to say the fewer people who know you own firearms the better because there are fewer people around you to trigger this kind of seizure. There are good reasons why this system is in place ... it just isn't always applied in a thoughful way, communication from LEO can be dismal and the timeframes for resolving them are far longer than they should be. In my case, I'm happy with how Firearms branch in Adelaide have handled the matter and they have communicated very well.
I am STILL (2 weeks after making first contact) trying to re-take possession of my seized items despite having been cleared by firearms branch. So far 3 phone calls and 2 attendances at the local police station and 5 variations of a story about "How Complicated" it is to get stuff back out of police evidence and exactly "who" must sign the various releases at their end and "when" they'll have the 1 minute free in their day to pull up a release form and sign it.
I'm heading back to the station for the third time tomorrow after being assured yesterday that all the correct people will be there on day shift and that I should be able to get my gear back. At least yesterday I got to speak to an actual police officer ... she was quite nice and apologetic.
I'm trying to be patient ... but its wearing very thin now. Mostly because I don't like it when people play "pass the parcel" with official responsibility. It greatly erodes confidence in the systems integrity.
Stay tuned for the next episode.
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Post by spinifex on Feb 1, 2023 14:34:08 GMT 10
The final installment: Today I got my firearms and licence and ammunition back. All firearms are in the same condition as when they were taken. They were sealed in very heavy duty plastic bags which protected them from rub damage and there is no sign of any rough or careless handling. All ammunition is present as it was at the time of seizure.
Over all ... the system has worked in my case. It's very slow moving and one has to be pro-active in communicating. I found that if my lawyer or I didn't initiate information exchanges we wouldn't hear or know anything about what is going on in relation to the matter and its resolution.
All my interactions with SAPOL Officers were cordial and a few were noticably appologetic in their manner. I rate them very highly for service both at time of seizure and when having items returned ... just difficult to get hold of. Firearms Branch responded to enquiries quite quickly when prompted.
So ... total time from seizure to recovery was 5 months and 2 weeks. Total cost was $1060. In my experience the system delivered a fair outcome. Whilst it may seem tempting to save $1000 on using a lawyer ... I would ALWAYS use one. The days and weeks following a seizure are pretty stressful while waiting to see if/what allegations and charges are forthcoming - an experienced lawyer is pretty comforting during that time and it sets one up for a professional and well-informed approach to all dealings.
As Seizures of Firearms can be triggered with no prior warning I would recommend keeping a written and photographic inventory of your ammo and condition of firearms which is updated every few months. Or more frequently if your ammo on hand fluctuates a lot. Also, always make sure your firearms and ammunition are correctly stored at all times ... storing guns out of safes is going to lead to charges, convictions and much greater legal costs and probably end your firearms ownership for all-time.
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malewithatail
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Post by malewithatail on Feb 1, 2023 15:36:57 GMT 10
We have, or perhaps had, laws dealing with the state (police) taking goods (firearms) from people. And in my case, I don't own them, have no access to them and so on, so it would be stealing by the state of private property. I know a lawyer who would love to chew their arses off if they tried that trick, and the compensation could run to 10's thousands dollars as well.
The only thing a Government needs to turn people into slaves is fear. Hermann Goering, Nuremberg trials.
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frostbite
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Post by frostbite on Feb 1, 2023 16:50:36 GMT 10
We have, or perhaps had, laws dealing with the state (police) taking goods (firearms) from people. And in my case, I don't own them, have no access to them and so on, so it would be stealing by the state of private property. I know a lawyer who would love to chew their arses off if they tried that trick, and the compensation could run to 10's thousands dollars as well. The only thing a Government needs to turn people into slaves is fear. Hermann Goering, Nuremberg trials. quote MWAT from another post: “Fitted a new green dot sight and 1500 lumen led torch to the scope on my Puma rifle this afternoon. Be a good excuse to go up to the range at the top of the property on the weekend to make some noise with a few mates. The old home made red dot went to my Lithgow rifle, whilst the old 1200 lumen torch went to the 12 g. Put a new scope on lay buy for sweeties rifle. Oiled everything again and checked ammo stock. Made a note to get some more 12 g rat shot.” Am I missing something here, or do you have dementia?
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malewithatail
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Post by malewithatail on Feb 1, 2023 17:43:55 GMT 10
Exactly !! No, that's an old post, have since transferred things across.
The pandemic represents a rare but narrow window of opportunity to reflect, re-imagine and re-set our world - Klaus Schwab.
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frostbite
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Post by frostbite on Feb 1, 2023 17:57:12 GMT 10
It was 9 days ago. You do have dementia.
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dadbod
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Post by dadbod on Feb 2, 2023 5:56:02 GMT 10
We have, or perhaps had, laws dealing with the state (police) taking goods (firearms) from people. And in my case, I don't own them, have no access to them and so on, so it would be stealing by the state of private property. I know a lawyer who would love to chew their arses off if they tried that trick, and the compensation could run to 10's thousands dollars as well. The only thing a Government needs to turn people into slaves is fear. Hermann Goering, Nuremberg trials. quote MWAT from another post: “Fitted a new green dot sight and 1500 lumen led torch to the scope on my Puma rifle this afternoon. Be a good excuse to go up to the range at the top of the property on the weekend to make some noise with a few mates. The old home made red dot went to my Lithgow rifle, whilst the old 1200 lumen torch went to the 12 g. Put a new scope on lay buy for sweeties rifle. Oiled everything again and checked ammo stock. Made a note to get some more 12 g rat shot.” Am I missing something here, or do you have dementia? Agreed, they would be seizing them from whoever legally owns them, so you may not be involved, beyond accessing your porperty. I also dont think police care about compensation... it doesnt come out of their pockets personally.
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Post by ausprep130 on Feb 3, 2023 15:39:53 GMT 10
Not sure if it is official or unofficial policy but it seems to be a policy to delay firearms related requests and to only respond after a 'customer' initiates contact, and only after the third or fourth attempt.
Whilst I don't agree with it, I do understand why they do it and how it can benefit the safety of the community.
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