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Eric P
12-26-2016, 01:15
So NFA items were stolen from me, story unimportant, and recovered by the ATF. The party who stole them pleaded guilty and I have to wait a few months for sentencing before the ATF returns the items. I filed a claim for them and was granted the claim. The NFA was notified of the theft and they removed the items from the registry.

Just curious what hoops I'll have to jump through to get them back with the new rules. They are in a trust.

Would the ATF simply run a background check and hand over the items? I know I don't need to apply for stamps per a conversation with the NFA after they were stolen.

Curious if anyone has gone through this process and can offer up a few pointers.

Thank you.

Hound
12-26-2016, 09:57
Congrats on getting them back. I will be watching this thread. I want to know too.

NFATrustGuy
12-26-2016, 10:23
That's a new one on me, too. Nice that they were recovered. If I were helping a client through this, I'd end up doing just what you're doing... ask a bunch of questions and be patient. One thing you may want to keep in mind is that if the thief has been caught and found guilty of the theft, you can probably work through a victim advocate and essentially "file a claim" for restitution against the criminal. I haven't heard of many cases where the victim is compensated for time spent restoring his life to normal, but if the ATF charges you anything to relicense the item(s) you may be eligible to recover.

Best regards,

Rod

Hound
01-10-2017, 17:42
Anything ever come of this?

Eric P
01-19-2017, 01:42
Sentencing is beginning of April. They will not return the guns until then. Guilty pleas. They can appeal the plea if sentencing guidelines and felony level change significantly. That's why they must keep them as evidence, on the very unlikely case this still goes to trial.

The ATF, DA and VA have been very helpful. Have yet to contact NFA as have been busy with work life. Already made claims with the ATF and have been granted.

Maybe one day I'll share how they were stolen and recovered, but not until this is over since the public defender may be looking for anything to lower sentencing and my user name here can be easily connected to me.

It was weird in the court proceedings hearing me referred to by my initials. The guilty also had to forfeit ownership of the stolen goods.

Eric P
07-24-2017, 10:52
Anything ever come of this?

F**k, this is finally coming to an end. After many delays for various reasons, sentencing is next week. I'll let you know how the returns go. The federal courts move slow.

Great-Kazoo
07-24-2017, 11:27
F**k, this is finally coming to an end. After many delays for various reasons, sentencing is next week. I'll let you know how the returns go. The federal courts move slow.

It's not so much the court as the attorneys. The defense can ask for extension, delays etc. Until the judge gets tired of it and sets a trial date.

I know 1 case (state) that has been delayed 4x by the defense. The judge finally set a trial date, 2 years from initial trial.

Eric P
07-26-2017, 21:35
Ha, found out todat from the DA in a meeting that the judge handling this case gets a media circus to handle the following week. Taylor Swift ass grabbing /defamation case by former KYGO dj.

Sounds like all that happens to get the guns and class 3 stuff back is a simple background check. Then I call the NFA and have them relist the Class 3 stuff on the register after I repossess the items.

vossman
07-27-2017, 16:48
Better late than never. Glad you're getting your stuff back.

Eric P
08-01-2017, 10:51
Damn you Taylor Swift.

The sentencing hearing was cancelled because the "Court's busy schedule has not allowed the judge to property review and determine sentencing."

The DA said many of this judge's dockets have been delayed because of Taylor. Well maybe this celebrity should be delayed instead of the 20 or so other cases.

All I want is my property back. Judge, you have had 6 months since a guilty plea and 3 month since the last delay. Do your fricking job and serve the people, not celebrity and media.

cstone
08-01-2017, 17:48
You have been forced to the rear by a very famous rear.

I hope it eventually works itself out. Patience is much easier when I am not the one waiting.

CS1983
08-01-2017, 18:14
Shake it off, man. There's a blank space in your collection, but remember, once you get the stuff back you can say with conviction, "you belong to me".

Not_A_Llama
08-14-2017, 18:07
Shake it off, man. There's a blank space in your collection, but remember, once you get the stuff back you can say with conviction, "you belong to me".

Jesus.

izzy
08-14-2017, 20:50
Jesus.

Pretty funny if you ask me

Lurch
08-15-2017, 09:38
Well she got her one dollar hopefully you can finally get your shit back now.

Not_A_Llama
08-15-2017, 09:52
Pretty funny if you ask me

Didn't feel it received the recognition it deserved. Why you gotta be so mean?

SouthPaw
08-15-2017, 10:29
Shake it off, man. There's a blank space in your collection, but remember, once you get the stuff back you can say with conviction, "you belong to me".

Well played.

Eric P
08-15-2017, 10:42
Her trail case ended 4 days early. Good news in that it should not cause further delay to mine or others.

hurley842002
08-15-2017, 15:49
Didn't feel it received the recognition it deserved. Why you gotta be so mean?
Apparently post #12 went completely over your head, no need for bad blood, just shake it off....

Erni
08-15-2017, 23:11
Apparently post #12 went completely over your head, no need for bad blood, just shake it off....
So no more mad love?

izzy
08-16-2017, 08:06
Didn't feel it received the recognition it deserved. Why you gotta be so mean?

No bad blood here.

CS1983
08-16-2017, 08:17
Apparently post #12 went completely over your head, no need for bad blood, just shake it off....

"Mean" is a Taylor Swift song.

Would you like to begin again?

fitterjohn
08-16-2017, 09:35
Shake it off, man. There's a blank space in your collection, but remember, once you get the stuff back you can say with conviction, "you belong to me".

That was the funniest thing I read in a few days

Monky
08-16-2017, 10:23
I'm shocked so many here recognize know her music.. then again.. it's not shocking.

izzy
08-16-2017, 11:44
I'm shocked so many here recognize know her music.. then again.. it's not shocking.

lol my girlfriend loves Taylor Swift, I've had to hear way too much of it

Eric P
08-21-2017, 21:52
Enough with that nonsense.

I have letter to the judge stating how the crime has affected me and what I think restitution should be.

In that, I asked him for a waiver of Colorado's mag ban to replace the stolen but not recovered standard capacity mags. Doubt it's possible for a federal judge to grant such a thing. But if you don't ask, you never receive.

izzy
08-21-2017, 22:03
Still didn't get your other things back?

Eric P
08-22-2017, 11:59
The case must be closed. Sentencing was delayed till September because of the swift trial.

Eric P
11-18-2017, 12:39
So that was painless other than the slow justice system.

Background check was run by the ATF before I even arrived. Showed up, the agent met me at the garage entrance and let me 8n their secured entrance. Items were sitting in a conference room ready to give back.

All I need to do is call the NFA and have them add the items back on the register.

A few in the service elevator gave us a few looks since we had a cart full of ARs and other scary guns. I was worried at first since we went through the bank lobby to get upstairs and a cart full of guns would be fun.

For the most part, the guns were undamaged, some scratches, but they are tools, not fashion accessories. We had to reconfigure 1 AR since a short upper was on a non class 3 lower. The laser on a LC9 was broken by the pawnshop when they tried changing batteries.

Sucks that 1 SBR lower is still gone. I now have an extra short upper.

Great-Kazoo
11-19-2017, 09:45
So that was painless other than the slow justice system.

Background check was run by the ATF before I even arrived. Showed up, the agent met me at the garage entrance and let me 8n their secured entrance. Items were sitting in a conference room ready to give back.

All I need to do is call the NFA and have them add the items back on the register.

A few in the service elevator gave us a few looks since we had a cart full of ARs and other scary guns. I was worried at first since we went through the bank lobby to get upstairs and a cart full of guns would be fun.

For the most part, the guns were undamaged, some scratches, but they are tools, not fashion accessories. We had to reconfigure 1 AR since a short upper was on a non class 3 lower. The laser on a LC9 was broken by the pawnshop when they tried changing batteries.

Sucks that 1 SBR lower is still gone. I now have an extra short upper.

How short?

Eric P
11-19-2017, 11:18
How short?

10.5 inch 5.56 and 10.5 inch 300 blk will share the lower.

Eric P
11-19-2017, 11:26
Congrats on getting them back! The injustice system never operates how people imagined, the sad thing is I consider this pretty fast compared to other stolen firearm-as-evidence cases.

When can you tell the story [Coffee]

The agent apologized for it taking so long. Out of their control circumstances prolonged the process. From the defence attorney stepping down to the Taylor swift trial pushing sentencing. In all he said this should have been closed out in February.

Eric P
04-01-2018, 13:14
Update. Some random guy pawned the lower that wasn't recovered. The ATF wants to give me back the lower asap since the original case is closed. Checking with their legal team on if it needs to go through asset forfeiture, since the pawnshop technically owns it, but I will ultimately get it back. The upper I'm still missing was not on it though. Guy has no past criminal record and will be interviewed by ATF next week.

Agent said they will let CBI know he took possession of a firearm without a background check. Said he might be the 1st one charged since the silly laws were passed. May threaten federal charges to get some information on who he got the gun from.

I was told all pawned guns have their serial numbers checked to see if they were reported as stolen. Pawnshop is out a few hundred dollars, and can pursue civil charges on the pawner. But they get the upper back to sell.

Eric P
04-01-2018, 13:17
This would all be a wonderful opportunity to inform the ATF there was three.... or perhaps six... no, no, twenty more NFA items that were returned that they had deleted from the registry. [Evil]

[Sarcasm2]

When I contacted the NFA they told me the items were not removed from the registry. Their status was changed to stolen.