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The case began with an order of protection against John Levakoff of Boston in a divorce dispute. His attorney, Daniel Chiacchia, says the authorities can seize weapons under such orders, but are supposed to give them back once the order expires.
"Unfortunately, they destroyed the weapons a few months before the order of protection expired, so whe we went in, or my client went in to get the things, they [department personnel] said, sorry, they're destroyed," Chiacchia said.
The complaint alleges the weapons were destroyed the weapons and ammunition on or about March 13, 2012.
"In doing so, Respondent deprived Claimant of property without due process of law. In addition, Respondent unlawfully committed the tort of conversion as against the Claimant," the complaint reads.
And the weapons were valued at more than $36,000, and the lawsuit is aimed at getting that money back.
And considering the new gun control law, Chiacchai doesn't see this situation as confiscation.
"Here, there is a reason already articulated in the law. If you have an order of protection against you, then you lose the possession of the weapons, so I think they're two different situations," Chiacchia said.
But he wouldn't be surprised if gun owners see this situation as something to be concerned about in the future.