Cherished family heirlooms were among the 21 firearms Michael Roberts surrendered to the Torrance Police Department in 2010, after his doctor filed a restraining order against him.

The court order was the result of a dispute Roberts had with a member of the doctor’s staff and, after Roberts pleaded no contest, the matter was resolved. Yet, even though he filed the proper Law Enforcement Gun Release paperwork on four separate occasions, obtained clearance from the California Department of Justice and had two court orders commanding the return of his guns, police refused to hand them over.

With the backing of the National Rifle Association and California Rifle and Pistol Association, Roberts filed a federal lawsuit in May 2014, over the $15,500 worth of firearms. In the end he got the money, but not the guns. The police had had them destroyed.

Second Amendment lawyers say his case is not rare.

“NRA and CRPA constantly get calls from law abiding people having problems getting their guns back,” said Chuck Michel of Long Beach based Michel & Associates, who represented Roberts in the case. “The state Department of Justice wrongly tells police not to give guns back unless the person can document ownership of the gun and it is registered in the state DOJ’s database. But the law doesn’t require this.”

Gun owners can’t comply anyway, Michel said, because police themselves routinely fail to enter the firearms into the DOJ’s database, and most people don’t have receipts for the guns they own.

While Americans have the constitutional rights to keep and bear arms – and protect their property from government’s unlawful seizure – it is not just in California where guns are seized and destroyed illegally, attorneys charge.

"This kind of below-the-radar bureaucratic gun confiscation is a growing Second Amendment and property rights violation problem, particularly in strict gun control states like California, New Jersey and Massachusetts,” said Alan Gottlieb, founder of the Second Amendment Foundation. “People can't afford to spend tens of thousands of dollars on legal fees to get back a $500 firearm."

The Second Amendment Foundation’s most recent case involves Rick Bailey, a 56-year-old Navy veteran from Glendale, Ariz., whose entire collection of 28 firearms valued at $25,000 was seized by authorities because of an ongoing dispute with a neighbor.

After Bailey complained over several months to the city of Glendale that his neighbor frequently parked his landscaping company’s dump trucks in front of Bailey’s home -- and toxic chemical odors were coming from his neighbor’s property -- the neighbor obtained a harassment order against Bailey. Police showed up and seized Bailey’s gun collection.

“Mr. Bailey is devastated by this situation. We seem to live in an environment when someone’s life can be turned upside down on an allegation that should have been thoroughly investigated before any action was ordered by a court,” Gottlieb said. “We’re helping Bailey in his appeal of the judge’s order so he can not only reclaim his valuable firearms, but also some of his dignity as well.”

Probably the most notorious gun confiscation case happened after Hurricane Katrina devastated New Orleans in 2005 when the city’s then-mayor, Ray Nagin, ordered all legally owned firearms seized. The Second Amendment Foundation successfully sued on behalf of thousands of law abiding gun owners to stop, or reverse, the confiscations. But hundreds more gun owners without legal representation or ownership paperwork had to abandon their guns. Those firearms still have not been destroyed, Gottlieb said.

http://www.foxnews.com/politics/2015/04/09/right-to-bear-arms-gun-grabbing-sweeping-nation/