NRA Member needs Legal Help! Judge Refuses to Return Firearm to Burglary Victim. New

[JR Priest]

My name is Joshua. NRA Member in New Orleans, La

Ben Willard is the Judge in all Cases
New Orleans Criminal Court Disctrict C

My old apartment was burglarized August 2013 and among other things my legally obtained Saiga Ak74 was stolen. I lived off street in a good neighborhood and didn’t think twice about leaving it out for cleaning before returning it to the safe.

The perpetrator was caught and pled guilty to stolen property.

I’ve filed 2 motions to release property (the paperwork is poorly worded and seems to be geared towards defendants not victims).Every motion states that the District Attorney has 2 weeks to SHOW CAUSE THAT PROPERTY SHOULD NOT BE RETURNED.
I came back both times only to have the DA say they didn’t have enough information. I asked the DA what they needed to release my firearm. They said I needed to contact the coroner to clear the firearm of any attachments. It was my impression the reason for the two-week time span between the motion filing and the court date was so they could do their job and contact the coroner and other investigating officers. At this point I am commuting 2 hrs to New Orleans with my infant son for court.

At the end of second court date the Judge subpoenaed me to appear in court. I’m not sure why.

September 14th 2014:
At the subpoena hearing the DA had contacted the previous owner of my firearm and proper authorities including the coroner. THE DA STATED THAT THE STATE HAD NO REASON TO HOLD THE FIREARM AND ENTERED NO OPINION.

THE JUDGE SAID BECAUSE IT WAS AN ASSAULT RIFLE HE DIDN’T FEEL COMFORTABLE RELEASING THE FIREARM!
He went on to state “IF YOU FEEL I HAVE ABUSED MY AUTHORITY YOU CAN TAKE IT UP WITH APPEALS COURT”

I have found that most Lawyers are wary of filing complaints to the Judicial Council lest they find themselves in front of the same bad judge in the future.

Is there a deadline for appeals? What is the cost of appeals? What forms do I need and do they need to filed by a lawyer?

 

[XD-GEM]

Unless you've left something out, he IS abusing his authority. This is not a gun case, it is a property rights case. On that basis alone, you should be able to appeal. There is a time limit, but I don't know what it is.

Have you thought of contacting the NRA, the 2nd Amendment Foundation, or any local mediafor assistance?

 

[JR Priest]

I just recently contacted the NRA. I will look into the second amendment foundation. Not so sure about local media.

 

[Nathan Hale]

File a complaint with the "Judiciary Commission". Go to the Louisiana Supreme Court's web site and search for "Judiciary Commission". This should help you get your rifle back, (and it should get him into trouble.) If a judge acts improperly the Judiciary Commission will take action. He has no basis to not to release your firearm to you. You do not need an attorney to file a complaint with the Judiciary Commission; it is not hard at all. If you "appeal" it is going to cost you money.
Try to get the media involved if you can.
Judges have immunity, but, they can't just do anything they want. If what you have reported is accurate, he's beyond the scope of his authority.
Did the judge make an actual ruling (do you have a piece of paper that says he is not giving your gun back to you) or did he just state (from the bench?) that he wasn't giving your gun back to you?

 

[corey d]

What did NRA say? They should help, right?

 

[Saintsfan6]

I really hope the NRA steps in. That is outrageous. If the only reason the judge is preventing you from having your firearm returned is because it is an "assault rifle" and he doesn't feel comfortable returning it to its rightful/legal owner then that is down right unconstitutional. If I had a dodge viper that was stolen and recovered, could a judge just decide he doesn't want to return it to me because he doesn't feel comfortable with me having it because it has more horsepower than the average car? I can't believe that a judge told you that, it makes me cringe.

 

[JR Priest]

No response yet from NRA but its only been a few days. He made the ruling from the bench so the only account of it is in the court transcripts.

 

[Saintsfan6]

I would get that transcript if it is readily available. Please keep us updated and provide as much information as possible. I'm sure if events transpired as you described, many other NRA members would be happy to write/sign something to spur the NRA into action. This should be a huge issue to every firearm owner, especially those that reside in Louisiana.

 

[XDguy]

"THE JUDGE SAID BECAUSE IT WAS AN ASSAULT RIFLE HE DIDN’T FEEL COMFORTABLE RELEASING THE FIREARM!
He went on to state *IF YOU FEEL I HAVE ABUSED MY AUTHORITY YOU CAN TAKE IT UP WITH APPEALS COURT*

Wow, never mind the law, I do what I want and if you don't like it seek a higher authority. I hope you get the help you need, good luck.

 

[Gus McCrae]

Who is the Judge?

 

[XD-GEM]

Judge Ben Willard is a controversial fellow, but he was unopposed last time he ran for re-election.

Here's a sample article from a Google search:
http://www.fox8live.com/story/19015834/judge-ben-willard-responds-to-mcc-report

 

[kingfhb]

Wait until it's all said and done and they tell you that the weapon has been "lost" or is "missing". Good luck getting it back... especially if it caught someone's eye who has taken a liking to it.

So the Judge is deciding on his own which weapons are classified as "Assault Rifles". If this is a legally obtained firearm, it is your property and can not just be confiscated at will. That is illegal Seizure of goods.

It's not like they arrested a criminal who stole a bag of marijuana from you and said "We can't give it back". This is clearly theft of YOUR LEGALLY OWNED property.

 

[Emperor]

Judge Ben Willard is a controversial fellow, but he was unopposed last time he ran for re-election.

Here's a sample article from a Google search:
http://www.fox8live.com/story/19015834/judge-ben-willard-responds-to-mcc-report

This tells more of the story! Typical political hack!

From NOLA.com:

Willard, 50, a family member of one of New Orleans' political dynasties, has sat on the bench for 12 years after winning a close race in 2002 to succeed a judge kicked off the bench by the state Supreme Court.

Also, you OP, should contact the Metro Crime Commission too! Tell them this clown is breaking the law and could be trying to steal your gun. That is what they (MCC), watch for!

 

[mike84z28]

"THE JUDGE SAID BECAUSE IT WAS AN ASSAULT RIFLE HE DIDN’T FEEL COMFORTABLE RELEASING THE FIREARM!
He went on to state *IF YOU FEEL I HAVE ABUSED MY AUTHORITY YOU CAN TAKE IT UP WITH APPEALS COURT*

Wow, never mind the law, I do what I want and if you don't like it seek a higher authority. I hope you get the help you need, good luck.

Who does he think he is ? OBAMA

 

[MOTOR51]

Wait until it's all said and done and they tell you that the weapon has been "lost" or is "missing". Good luck getting it back... especially if it caught someone's eye who has taken a liking to it.

So the Judge is deciding on his own which weapons are classified as "Assault Rifles". If this is a legally obtained firearm, it is your property and can not just be confiscated at will. That is illegal Seizure of goods.

It's not like they arrested a criminal who stole a bag of marijuana from you and said "We can't give it back". This is clearly theft of YOUR LEGALLY OWNED property.

Are you kidding about it getting stolen or serious? It's hard to tell on the Internet.

 

[Peacemaker]

Are you kidding about it getting stolen or serious? It's hard to tell on the Internet.

I don't think he was kidding..

 

[MOTOR51]

I don't think he was kidding..

Well if he wasn't then I'm not surprised. Where is all the proof of these thefts I hear about all the time.

 

[Nathan Hale]

Here is the contact info for the Louisiana Judiciary Commission:

Office of Special Counsel
601 St. Charles Avenue
New Orleans, LA 70130
(504) 568-8299
osc@lasc.org

OR,

Sandra A. Vujnovich
Chief Executive Officer
400 Royal Street, Suite 1190
New Orleans, LA 70130-8101
504-310-2550

The link to the complaint form:

http://www.lasc.org/la_judicial_entities/documents/Judicial_Complaint_Form.pdf


Take my advice: file the complaint.

Caveat: There is an obligation of "confidentiality" on the part of the complainant in regards to the complaint before the judiciary commission. Although I would feel an obligation not to talk about the complaint I had filed with the Judiciary Commission, I would not feel obligated to not discuss the facts related to my situation with anyone I chose (media, MCC, my attorney, etc.) That is a decision you will have to make if you decide to file a complaint.

I will say this though, people like this judge have to be called to account. It is unbelievable that he is taking this position; he has confiscated your gun.

 

[MOTOR51]

Here is the contact info for the Louisiana Judiciary Commission:

Office of Special Counsel
601 St. Charles Avenue
New Orleans, LA 70130
(504) 568-8299
osc@lasc.org

OR,

Sandra A. Vujnovich
Chief Executive Officer
400 Royal Street, Suite 1190
New Orleans, LA 70130-8101
504-310-2550

The link to the complaint form:

http://www.lasc.org/la_judicial_entities/documents/Judicial_Complaint_Form.pdf


Take my advice: file the complaint.

Caveat: There is an obligation of "confidentiality" on the part of the complainant in regards to the complaint before the judiciary commission. Although I would feel an obligation not to talk about the complaint I had filed with the Judiciary Commission, I would not feel obligated to not discuss the facts related to my situation with anyone I chose (media, MCC, my attorney, etc.) That is a decision you will have to make if you decide to file a complaint.

I will say this though, people like this judge have to be called to account. It is unbelievable that he is taking this position; he has confiscated your gun.

So we are just gonna take the guys word for it without any facts? Ok. How about we see some court documents or something first.

 

[Nathan Hale]

The Judiciary Commission isn't going to take anybody's word for it; they will investigate if there is any merit to the complaint, and then make a determination.

The info I posted is public information (it is on the Louisiana Supreme Court's website for public dissemination.) I am not certain what your criticism is, but if it is that I should not provide someone with public info unless they "prove" something to me first, you are writing to the wrong person. I respect rights too much.

If the OP is withholding info in this discussion salient to his asserted position, that will become apparent and affect any remedy available to him as he moves forward, in whatever way he chooses to pursue his claim.