Just when I thought I could start shooting again the rug got pulled out from under me


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Eric F
March 6, 2010, 04:50 PM
Well last year my 1911 was stolen then recovered a week later. That was great! But I could not even look at my gun until the trial for the kid that had it. That trial came up and he decided to cut a deal and roll over on his friends. The two recovering officers tried to get my gun back to me then, but no! The prosecuter had decided to hold it for evidence until the pre-trial hearing for the two guys that actualy stole the gun. So the pre-trial hearing came up and I was told I was going to get the gun back the same day as they could take pictures and use"photo evidence" but due to some slick talking lawyers for the defense I dont get my gun back until after the trial and all apeals are exhausted.........ARGGG! they wouldnt keep a car if that were stolen so why keep my gun. I have no recorse and I am very angery! Looks like I will be out 2 IDPA seasons now projected first trial is set for August a whole year after the gun was stolen. Its a 38 super and I have 3 cases factory and just loaded another 10k rounds since it was recovered. I think I will buy another 38 super and right off the 1911.

In the mean time I reside my self to my two other hobbies Home brewing and BBQ..........

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mgkdrgn
March 6, 2010, 05:18 PM
File an insurance claim, replace it, and let the insurance company worry about getting it back. That is what you pay them for.

Baba Louie
March 6, 2010, 05:19 PM
Sounds like the old "Two is one and one is none" syndrome jumped up and bit your butt, eh?

I'd second getting another 1911 in .38 super... maybe 2 of em?

On the lighter side... Here's to hoping the electric pencil evidence number engraving buffs right out once you do get it back. :uhoh: (they'll probably just use a tag... but I have seen "engraved" numbers used here and there)

Zoogster
March 6, 2010, 06:10 PM
On the lighter side... Here's to hoping the electric pencil evidence number engraving buffs right out once you do get it back. (they'll probably just use a tag... but I have seen "engraved" numbers used here and there)

Damaging property to keep better track of it? Especially something that already has a serial number!?

They don't paint a number on the side of impounded vehicles.

They need to be held accountable. Whether they ruin the paint on impounded vehicles or engrave or otherwise store firearms in a way that damages them. Property damage due to negligence and especially intentional acts is still property damage they are liable for.

unspellable
March 6, 2010, 08:16 PM
When I got my revolver back from the evidence room, after a more than a year, it not only had all the details of the case engraved on it, but rust to boot. Just in case they couldn't read the engraving they had a tag wired to it will all the details, the wire chewed up the trigger guard. Just in case they couldn't read the tag they had it in an envelope with all the details on it. Just in case they couldn't read the envelope they had it cataloged with the shelf location. Since it was only a Blackhawk to begin with I considered it a total write off. And, they had solemnly promised to bring it back to me, but in the event I had to make several trips downtown to pry it out of them. What do we need thieves for when the police department acts like that?

Legal action is not really in the cards. It would cost ten times the value of a Blackhawk just to get the ball rolling, never mind actually accomplishing anything.

Clifford
March 6, 2010, 08:29 PM
Wow I'll 3rd the motion to get another super! Bad deal there I had to skip a weekly match over the holiday season for a wedding and I thought I was gonna go nuts. Going two years, you are a better man than me for not buying another match gun allready!

luigi
March 6, 2010, 08:35 PM
They don't paint a number on the side of impounded vehicles.

oh yes they do. Well on the windows anyway (in Co Springs)

DC3-CVN-72
March 6, 2010, 09:42 PM
I had a S&W model 60 .38 spl. stolen from my apt. when I was stationed in Alameda CA. 10 yrs. latter I got it back and nothing was ingraved on it at all.:)

russ69
March 6, 2010, 10:28 PM
I'd think about getting a good safe, then a new gun. You lost a firearm, that's not too bad some guys have lost whole collections.

Good luck, Russ

Eric F
March 6, 2010, 11:29 PM
The gun is ok for the most part I was allowed to see it one time 3 months ago, it was starting to rust a little, it will need refinishing. I built this gun for the most part so I want it back! I didnt have a lot of money so I bought a base model and made it practical(because I hate the term tactical). I think An EAA match in 38 super is up soon, or a Taurus 38 super Same price but I already have 1911 mags.

Backpacker33
March 7, 2010, 12:03 AM
Has anyone filed an insurance claim for a handgun?

My household and cars are insured by USAA and while I haven't talked to them about guns in years - and don't want to because they are anti-self-defense - they Number 1 would not cover guns unless the guns were listed with M/M/serial# for an extra premium, something I won't do, and then, of course, Number 2 they pay only their "depreciated" value. I told them that to replace my Colt 1911 bought in 1972 would cost three times what I paid for it then. They said they'd depreciate the purchase price and THAT is what I would get unless I could present them with a recent appraisal.

I see NRA offers a policy where the guns don't have to be listed. I suppose they'd want at least a proof of purchase (by their definition) and a police report, neither of which would be a problem for me.

I live near Milwacky WI and the story told above used to be "The Usual" in Milwacky. When victims got their guns back, they were often defaced with evidence markings and had never been cleaned or otherwise routinely cared for. AND the victim had to pass a background check to get his/her own gun back.

I know I won't bother filing an insurance claim.
-Backpacker

eddism
March 7, 2010, 12:29 AM
Homeowners insurance policies have a built in $2,000 coverage after the deductible. No schedule of what firearms exist at any one time within the domain of the insured home is necessary. The $2K is automatic coverage.
Most standard homeowners insurance policies are boiler-plate All Risk Coverage with replacement cost. Every thing is covered unless exclusively excluded from coverage. So firearm collections valued in excess of $2K need to be scheduled on a rider. This schedule will reflect the make and model of the firearms and their estimated value via appraisal or sales receipt.

Also, this insurance rider follows the items listed while outside the domain of the home. So, if they are in the trunk of a car and the car catchs fire and burns to ash, etal. The scheduled gun coverage will provide indemity of the loss. Also, note that conprehensive auto insurance provides coverage for personal property lost in an auto including theft. Insurance of this nature is based on actual cash value (depreciation). So, a 30yr gun that cost $250 new will have a cash value of $250 less depreciation. So, a claim will be adjusted and it will hurt.

A scheduled gun is insured for the value of the gun scheduled. So, its loss is only subject to the deductible. And in some policies, scheduled items arnt subject to deductibles.

Patriotme
March 7, 2010, 02:27 AM
Damn fine hobbies. I wish you were my neighbor.

EddieNFL
March 7, 2010, 08:26 AM
They need to be held accountable.

Good luck with that. Government is no more accountable than a two year old.

rattletrap1970
March 7, 2010, 09:16 AM
I had a rifle stolen. All matching number Swedish mauser. Insurance paid me then several years later I got a restitution check from the dirtbag who took it. I'd still like the rifle back though.

woad_yurt
March 7, 2010, 10:24 AM
I wonder what would happen if you sued them in small claims court. Might be worth a try. Here it costs $67 to file. At least someone from the PD would have to show up and explain themselves on the record to a judge.

MathurinKerbouchard
March 7, 2010, 10:48 AM
Stuff like this torques me off! So if i understand correctly, the prosecution was ready to release your gun back to you because it was no longer necessary for evidentiary purposes, but the defense lawyers wanted it kept?

Ok, charge the defense lawyers rent on your gun. Seriously. Charge them individually no less than $1000 per day, retroactive to the day they filed the motion to keep the gun in evidence. This is an expensive piece of precision sporting equipment. I rarely see a .38 Super 1911 in a gun store. Their action is impeding your life. To me you are no longer being victimized by the original thieves. Now you are being violated by the thieves' lawyers. They need to compensate you for the use of your gun if they think it would help their case, just as an expert witness would (I assume) be compensated.

Yo Mama
March 7, 2010, 10:54 AM
My household and cars are insured by USAA and while I haven't talked to them about guns in years - and don't want to because they are anti-self-defense - they Number 1 would not cover guns unless the guns were listed with M/M/serial# for an extra premium, something I won't do, and then, of course, Number 2 they pay only their "depreciated" value

Don't want to hjack the thread, but quickly I have USAA, and they have always been kind to us in terms of firearms. They recently raised the amount of protection and didn't ask for any serial numbers. I also spoke with them about ammo, which right now I'm more concerned for.

OP, I wish you luck and patience that I know I would not have. In the end the prosecutor probably doesn't want to chance a screw up, but it sucks your the one who has to suffer.

Eric F
March 7, 2010, 10:58 AM
ok 1. Yes insurance paid for the gun and everything else that was stolen. However the cost of repairs replacement of medication and "other stuff" did not total up to the amount I received.

2. I was covered by usaa with no problems. Because the gun was bought for $289 (RIA) 4 years ago that was the replacement cost, they tossed in a little extra for the stuff I did to the gun. I called them to remove the claim from the insurance when the gun was recovered they said no big deal keep the money and the gun. I thought they had rights to the gun because they basically paid for it. But after 3 calls they just do not want it.

3. I can get restitution for the refinishing when I get it back. I still dont know how that works.

4. It is the prosecutions option to release the gun not the defense. The lawyers for the defense said in so many terms with out hard evidence the case would be null. Some times it works some times it doesnt the prosecution descided not to take a chance.

unspellable
March 7, 2010, 12:17 PM
Just suppose the police recovered a stolen white elephant. (a literal white elephant) Wouldn't it be a hoot to see how that played out at the property room?

Deanimator
March 7, 2010, 12:25 PM
Just suppose the police recovered a stolen white elephant. (a literal white elephant) Wouldn't it be a hoot to see how that played out at the property room?
If it happened in Chicago, somebody would STEAL it, with no witnesses. Seriously, the lock on the property holding area was reported busted (for a while) recently, and probably still is. There's documented proof that a lot of stuff "walks away". I even think a peon was prosecuted for it in the past couple of years. Yet it's still not secured...

beatcop
March 8, 2010, 08:36 AM
Chain of custody is pretty important when it comes to evidence...the property officer will make sure it's secured.

I don't know anyone who would deface the evidence by etching it...a sticker/tag & bag are the statewide standard.

In my area the prosecutors office will be your poc for the case and a judge will decide when to release it.

Ky Larry
March 8, 2010, 08:54 AM
I know exactly how you feel. My neighbors punk-aXX kid stole a 9mm CZ-75BD from me a few years ago. He was "renting" it to his friends so they could do armed robberies and he took part of the loot. Thank God nobody got hurt. To make a long story short, I had to wait for all the court procedings to be over before I got my gun back. Good luck and patience to you.

eye5600
March 8, 2010, 10:50 AM
Long ago, I had an experience with a blown outboard motor and a slow, slow repairman that taught me not to stop my life waiting for someone else to get through with my property. Think how much better off you would have been if you had immediately bought the best substitute you could afford. It wouldn't have had to be the equal of your good gun, just adequate for you to compete.

dom1104
March 8, 2010, 11:28 AM
this is why I duplicate everything

2 ars
2 870s
2 pistols

Because it WILL get taken away.

And this is also why, you dont want to use a tricked out fancy AR for a HD gun, because it WILL get taken away.

2 is 1, and as this guy has found out, 1 is none.

gym
March 8, 2010, 05:00 PM
Sue the dept for recovery of evidence. They wil probablly give it back to you if you can prove that you need it to compete and that competing is is some way connected with your normal everyday life. Make it personel and sue the prosecutor. He won't like that, but the judge may just ask him why he needs it anymore and return it to you.

Lovesbeer99
March 8, 2010, 10:05 PM
Guns, homebrewing and BBQ? What? No mention of Harley's? I'll forgive that 1 for the 1st 3 but lets not let another year go buy without giving it some thought.

I've got an American Brown Ale in the primary right now and I'll rack it tomorrow. I just finished my last batch of English Bitter and this time around I bought a keg so we'll see how that goes.

I'd buy another gun for now, don't stop your life over this. When you get it back maybe you can sell it, or the new one you are about to buy. If you get a springfield HD in 9 or 45 you can compete in some factory class I'm sure you they are about 500.00 if I'm not mistaken Think of it this way, they might not have ever found your gun so you would have already bought another, but you thought it would be fine to just wait and get your's back. Now it's just frustrating.

Good luck with your gun and shoot safe. In the mean time, have a homebrew.

mgkdrgn
March 10, 2010, 05:04 PM
I wonder what would happen if you sued them in small claims court. Might be worth a try. Here it costs $67 to file. At least someone from the PD would have to show up and explain themselves on the record to a judge.
You can sue anybody in small claims court.

Problem is that small claims court has no authority to -collect- anything even if you win. You get a neat looking piece of paper saying "You Won!", a nice warm warm feeling .. but nothing else.

goste
March 10, 2010, 09:52 PM
Good luck getting it back....I had a pistol stolen in July 2005. It was recovered Sept.2005. The #@$#$ two times released felon, went to trial, and was convicted in Jan.2006......I got my pistol back Friday before last, almost 5 years after it had been stolen, MINUS the mag. and the $125.00 custom holster it was recovered with(it was listed on the evidence bag I got it back in) But.......better late than never I suppose. :mad:

Good luck. I know how mad you feel...Belive me..

beatcop
March 10, 2010, 11:28 PM
Go talk to the prosecutor/magistrate/judge, whatever they're called in your area and ask for your property!

Let us know how you make out.

Do not file suit or any other such nonsense until all methods are exhausted...would be a bad move imho.

Superlite27
March 11, 2010, 10:40 AM
Why hold the government responsible?

Although, yes, they are "holding" your weapon for an inordinate amount of time, they aren't the ones who removed it from your posession.

Since one of the thieves has already pled (I assume the others will be found guilty) in criminal court, wouldn't this give you excellent recourse in civil court?

Why don't you have your firearm completely rebuilt or refinished and sue the thieves for the cost, "pain and suffering", and punitive damages to offset the expense?

Deanimator
March 11, 2010, 10:50 AM
Why don't you have your firearm completely rebuilt or refinished and sue the thieves for the cost, "pain and suffering", and punitive damages to offset the expense?
Yeah, we all know how flush the average criminal is. Get a lien on their penthouses while you're at it.

The ORIGINAL criminal doesn't have the gun.

If somebody kidnaps your child and sells her to somebody else who won't release her, the "solution" isn't to sue the first kidnapper to pay for in-vitro fertilization of your wife, while allowing the second criminal to keep your kid.

ForumSurfer
March 11, 2010, 11:04 AM
Yeah, we all know how flush the average criminal is.

I agree. The OP mentioned that this was one of his neighbor's "kids." If he is a minor, the parents will be held responsible. Either way, good luck collecting any damages.

Eric F
March 11, 2010, 11:06 AM
Let us know how you make out.
I already have, the responce is "we need it for a firm case and we need to keep it until all apeals are exhausted also."

I dont want the gun rebuilt, I can do that, I do need it refinished and that is part of the restitution phase of the trial but only if they are convicted. Even then it is up to the judge so I might be out of luck there too.

Looking for another gun now............

Lovesbeer99
March 11, 2010, 07:49 PM
No point looking for a new gun without a 5 gal batch fermenting in the basement. At this time of year brew yourself an English Bitter and enjoy. By the time you get your gun it should already be aged so when you come home from the range you can sit down with a pint of homebrew.

It's all good.

jad0110
March 11, 2010, 09:46 PM
I don't know anyone who would deface the evidence by etching it...a sticker/tag & bag are the statewide standard.

They do it in my area. I saw a S&W Model 15 at a gunshow a little while back for $275. It had a fair amount of patina, along with the case number etched on the right sideplate with the word "Robbery" enscribed on it.

Actually, it was kinda cool. I almost bought it, but already have to Model 15s, and that one had an excessive amount of end shake.

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