Judge tosses gun range owner's challenge of firearms seizure

[MN2Go]

New Hampshire and Manchester news, weather, business and sports - New Hampshire's newspaper

James L. McLoud, owner of the Manchester Firing Line Range, lost his legal battle to get back nine rifles seized by the New Boston police chief executing a temporary restraining order against a New Boston man.

Hillsborough County Superior Judge Gillian Abramson dismissed the case this morning, saying the court had no authority to rule on the matter and that jurisdiction lies exclusively with the Goffstown District Court, Family Division, according to Hillsborough County Attorney Robert M.Walsh.

"The judge properly found the Family Division had authority over this matter and over the guns," Walsh said. "This was an attempt to do an end-run around Judge (Paul H. ) Lawrence's authority and the Goffstown Family Division and Judge Abramson would not allow it."

Police Chief Christopher L. Krajenka said he was elated by the judge's ruling which he considers the right decision.

"I did my job," he said. "There are still some people with very hard fellings about what has occurred. This was a case of domestic violence and it was turned into a guns rights issue. It was about protecting a victim of domestic violence and that's all it had to do with, at least from the department's view."

The weapons were owned by Michael Murphy of New Boston. On Oct. 1, he consigned 22 firearms to the firing range. Some of the weapons were sold and Murphy took back more which were allegedly sold to his friends, Walsh said. Nine rifles were left on consignment at the firing range.

Murphy was involved in a domestic violence case with his estranged wife who was granted a temporary restraining order barring him from possessing any firearms. The order has since been made permanent, Walsh said.

On Jan. 27, Krajenka went to the Manchester firing range and, acting on the temporary domestic violence order issued out of the Goffstown court, seized the nine rifles McLoud still had in his possession.

Krajenka said he was portrayed by some people as a rogue cop when, in fact, he had consulted with the county attorney's office.

McLoud maintained the weapons posed no threat because Murphy had to pass a criminal background check before he could regain possession of the guns - something McLoud said was impossible for Murphy because of the temporary domestic violence restraining order.

Walsh said New Boston police will keep the nine rifles as long as the court order barring Murphy from possessing firearms is in effect.

[DefensiveCarry.com]

[Majorlk]

Sounds like some of the nonsense that gets pulled here in Connecticut. Essentially, all a wife (even an ex) has to do is say the man has guns and she is afraid and the guns can be seized. There doesn't have to be a demonstrated threat or a court hearing.

[ccw9mm]

Sounds like some of the nonsense that gets pulled here in Connecticut. Essentially, all a wife (even an ex) has to do is say the man has guns and she is afraid and the guns can be seized. There doesn't have to be a demonstrated threat or a court hearing.

Yup. The mere claim can be sufficient to set the whole works in motion. Same with claims of child abuse, during divorces. Guilty if charged, essentially. It can be a very effective weapon, as a result, since the players know its effects can be very real.

The players themselves know about whether it's true or false in this case, though. I don't.

[dukalmighty]

As long as he couldn't regain custody of the guns and that they could only be sold,the court is protecting the victim,but since under the circumstances he can't posess the guns ,why can't he either gift them to somebody or sell them.It's a catch 22 and the way I see it the court stole tangible property

[9MMare]

*sigh* I only partially see why guns are such a focus in domestic abuse cases. Many men have used many other means to harm or kill their wives. (And vice versa altho it's not as common).

What I'd rather see is more women taking more responsibility for their own safety and get guns and training of their own...and not just firearms training, but self-defense training as well. I think they let their self-esteem and traditional views of women's roles let men take advantage of them and bully them. And they should have the skills (to make a living) and common sense to leave, and remove any children, to seek refuge elsewhere.

[Eagleks]

Murphy was involved in a domestic violence case with his estranged wife who was granted a temporary restraining order barring him from possessing any firearms. The order has since been made permanent, Walsh said.

Here, there is no such thing as a "permanent " protection order. It can only be extended after a hearing on cause, etc. after 1 year.

Here, a Judge was telling me that 95% of the sexual assault or abuse cases, were a result of women's attorneys in divorce cases telling women if they want custody of their kids, then claim the husband was sexually molesting the kids. The Judges' will put them in the woman's custody to play it safe. It will take the man 3 yrs to fight the molestation charges, etc. 99.5% of those cases are eventually dismissed, but in the meantime the husband has been "labeled", lost his job, lost his friends, lost his reputation, and lost his kids.

As we discussed, in those 99.5% , the woman should be charged with making false reports and spend a couple of years in prison for it.

[luvmy40]

OK, the courts say I can't posses firearms(hypothetical) so I consign them to sell(remember my legally owned property until the CPO). Then the police and the court say I can't even sell them so I no longer posses them!!!

What scorches me the most about this is the fact that I am currently in the process of helping a dear friend get protection from her ex who hid multiple felony convictions from her(he turned out to be a convicted drug trafficker and domestic abuser). He has a rather large arsenal of illegally owned weapons and has committed multiple acts of abuse towards his 2 daughters(including shooting towards them) and we cannot even get the police to take the time to investigate him.