How To Answer a Complaint

[chrissyg]

A little background: I let a casual friend borrow a youth-sized .22 caliber firearm and ammunition as my kids are older, and he had sons that he wanted to teach to hunt.

Two years later, he gets arrested for various drug violations after a long undercover operation. My gun and another are seized when they search his house with a warrant. I send a letter to the US District court explaining that I lent him the gun and wanted it back. Months later I get a letter from them which says "United States' Motion to Compel Answers to Complaint", and the District Attorney called me saying he couldn't tell me what to specifically do, but that I needed to answer paragraph by paragraph the original complaint. He also suggested I come to see him, which I said no, it's 1 1/2 hrs away.

The gun is worth maybe $125., and it would cost me much more than that I'm sure to get my lawyer to take care of this. My question is, would you just ignore the letter, and let them take the gun? It gave me the creeps that the DA called my house, I have nothing to do with drugs and don't want to get involved with the case.

 

[mightymoose]

You can ignore it if you want.
You haven't had the gun for a couple years anyway... doesn't seem like you are losing much. You are right, it will cost more to get it back than it is worth.

The only thing you don't want to ignore is a subpoena/summons, and you won't likely be getting one of those.

 

[army judge]

Be very careful as to what you tell to federal law enforcement officials. Martha Stewart and Governor Blago learned the hard way. Whatever you say, make sure it's 100% accurate. Even an obscure detail like saying it was 5:00 pm, when it was 4:00 pm could mean legal problems for you in the federal system.

Make sure you know exactly what it is before you ignore any correspondence. Some documents in the federal system you are compelled to answer, if only to deny them. You might be wise to seek legal guidance if you're unsure. Otherwise your actions could be seen as contempt or obstructing process.

As to the weapon, it may have had little dollar value. But, it could have been found to have been used as a murder weapon once it left your hands, or before it came into them.

It might have been reported as stolen.

More importantly, selling, lending, or gifting a firearm to a felon is a strict liability federal crime. I don't remember what 18 USC it is, but I know it's serious. Danger Will Robinson, danger!!!!!!!!!

 

[chrissyg]

Thank you both for taking the time to answer. I did not lend a firearm to a felon, he still hasn't gone to court. I got more paperwork in the mail yesterday, probably as a follow-up from when I spoke to the Dist. Atty.

It says- Docket Text: Endorsed order granting Motion to Compel. Text of Order: Granted. Claimants shall file an answer to the Verified Complaint for Forfeiture in Rem withing twenty-one (21) days of the date of this order.

So as MightyMoose said, I will choose to ignore this and let them take the firearm I suppose on a cost vs. benefit basis.