(NY) Haverstraw police lose track of man's guns at station

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Drizzt

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Haverstraw police lose track of man's guns at station

By RON X. GUMUCIO


Missing: A submachine gun, shotgun and hunting rifles.


Where: Haverstraw police headquarters.

How: Police say the guns were brought in for safekeeping by a woman who was estranged from her husband, and they were claimed by someone who said he was the owner's father or brother. No paperwork has been found.
(Original publication: April 22, 2006)

HAVERSTRAW — A Thiells man says the Haverstraw Police Department lost his submachine gun and other weapons after his wife brought them to the station in 2004 for safekeeping while the couple were estranged.

Richard Fenner said he was told by Detective Henry Soto on Thursday that the police didn't have his five guns and that a person claiming to be either his father or brother had picked them up.

Fenner said no one in his family had retrieved the guns, but if someone did the police should have a record of it.

"I haven't seen my father since I was 3, and my brother lives way out near the New Jersey-Pennsylvania border," Fenner said.

Police asked Fenner to fill out a lost or stolen property form while he was at the station. A copy will be made available to him after Chief Charles Miller reviews it, Fenner said.

"What bothers me so much is, how could somebody lose something that is in police custody?" Fenner said. "If it was a DVD player, I wouldn't care. I'd go buy another one. But you're talking about weapons. Something that could hurt another individual. How could you dismiss it? Guns just don't disappear. They don't just walk off."

Miller said the firearms were not in the station and the department was checking with the sergeant who took in the firearms about what he had done with them. Miller said it could take a few days because the sergeant, whom he would not identify, had since retired.

"At one point in time, we were in possession of them," Miller said. "For how long, I can't tell you, or how they came to us and went to someone else. We're looking into the matter as thoroughly as possible and trying to find out what happened."

Fenner said his wife brought the guns to headquarters in November 2004, during a period when he and his wife were separated and she didn't want them in the house. Fenner said the guns had not been used in a criminal offense or to threaten his wife. They since have reconciled.

"The weapons were voluntarily surrendered by my wife and held in the property room, and not the evidence room, at the station," Fenner said.

Miller said weapons brought to the station for safekeeping are normally stored in a locker, and a receipt is given to the person who drops them off.

The person who picks up a weapon must be the owner or have written permission from the owner, Miller said.

Fenner, who works in construction, said he had owned the weapons — a Kel-Tec SUB-2000, a shotgun and hunting rifles — about four years and used them for hunting and target practice. The value of the weapons, with their sights and cases, was between $2,800 and $3,500, he said.

Miller said he was concerned about any type of gun missing from police headquarters.

"It's pressing either way, whether we misplaced a shotgun or not," Miller said. "The fact that he said it's a submachine gun makes it even more pressing."

Fenner's lawyer, Bob Conklin, said he wanted the Police Department to compensate Fenner for his firearms.

"I'd like to think that this was a good-faith mistake," Conklin said. "I just can't believe that the Police Department, or anyone on the force, would have taken them. That's just not in the realm of possibility."

Fenner said that if the police handed the guns over to someone, he should have been notified.

"I want to get my guns back, but I want to get to the bottom of this," Fenner said. "It's not OK with me that the guns just disappeared. What happens if those guns ... hypothetically are used in a crime? I asked the cop and he said I would be exempt. But they have no proof that they were signed out."

http://www.thejournalnews.com/apps/pbcs.dll/article?AID=/20060422/NEWS03/604220329/1019
 
Uh so which one of those guns is a submachinegun? More shoddy reporting and another dumbass police chief that has his head stuffed up his rear. Nice to see police calling are semi-auto Kel-tecs SMGs now.

If there was a real MG involved, not even the police have the power to transfer a registered MG to someone that is not the registered owner. We're talking major NFA violation and complete ignorance of the law they are supposed to be upholding. Doesn't matter if someone walks in and says they're the owner's fairy godfather, if their name isn't on the ATF Form it can't be given to them.

If the dumbasses at the PD lost one of my MGs I'd seriously try to get the ATF to throw the damn book at them plus sue for damages.
 
1) Since when can an "estranged" spouse do anything with property of the other spouse?????

2) Sounds like the PD screwed up big time. Among my many other duties, I am also the evidence officer for my dept. Anything taken in is logged into the computer. It is then tied into the incident number. An evidence sheet documenting what the item is, etc is printed out and put into the evidence log book. This sheet is also signed and dated. If an item is to be returned, a property release is signed for by the individual who must provide verifiable ID. The property is released and documented.

When I took over the duties of being the evidence officer I verified that everything that was supposed to be there, was there. Especially firearms. I have no idea how big this departments evidence room is, or how much evidence they have on hand but they screwed up big time, which makes everyone else look like crap.
 
darn, I wish I had known

the keltec sub 2000 was a sub machine gun, I would have gotten myself one
they have got to be the cheapest sub machine currently on the market.:neener: :evil: :D .
 
The Journal Snooze is a dreadful paper that is losing circulation big time. Sub-Machine gun indeed!

If the individual had shown up with a sub-machine gun he would be arrested. It is ILLEGAL to own an automatic firearm in the state of New York. I can't wait to see the explanation given by the Haverstraw PD concerning the disposition of these firearms. How about we look in the collections of some PD members?:neener:

You just can't make this stuff up! I say get the DA's Office involved to make sure everything is on the level.
 
1) Since when can an "estranged" spouse do anything with property of the other spouse?????
I wondered about that, as well. Sounds like the nice men at the local PD were parties to receiving stolen property.

As for Fenner's attorney:

Fenner's lawyer, Bob Conklin, said he wanted the Police Department to compensate Fenner for his firearms.

"I'd like to think that this was a good-faith mistake," Conklin said. "I just can't believe that the Police Department, or anyone on the force, would have taken them. That's just not in the realm of possibility."

Why is that "not in the realm of possibility"? How would someone not in the family even know the guns were there and walk in to claim them? The police must know they can't release a firearm to anyone other than the owner. It's not a VCR or a DVD player, there's Federal (and probably state) law regarding transfers to be considered.

More likely the sarge took 'em when he retired. He probably assumed the couple wouldn't be getting back together and that the husband would end up prohibited from reclaiming them by a court order.

Stay tuned.
 
If the Newspaper is even modestly close to the truth, some lawyer is going to be very happy.

Personally, I would not have reconciled with the woman. Any woman willing to hand over your guns to the police in such a fashion deserves to be handed divorce papers.
 
well, nice knowin' you guys.

the batfe is gonna lock me up for a long time.

when they find out i own one of those kel tec submachine guns (without stamp) i'm toast.:neener:
 
I take possesion of persons good, through my neglagence said goods are lost/stolen/destroyed/etc. Person then sues me for value of said items.

Now then, I do hope he gets enough money to buy replacments.
 
If someone from that department has them in their private posession, they need to go to jail, period. If the segeant took them, he needs to be behind bars. If they gave the firearms to someone they shouldn't have, heads need to roll, and the applicable charges need to be filed. If they lost them, they need to be sued and charges may need to be filed. If the guns are used in a crime, that department should be held responsible.
 
1) Since when can an "estranged" spouse do anything with property of the other spouse?????

Hm, property that was accquired during a marriage, why dont you tell me an easy way to determine what belongs to who, so what if he bought it, half the money he paid belonged to her. In a community property state (and I have no idea if NY is one) there isnt really any such thing as property that belongs to the other spouse untill a court decides so.
 
Very interesting post, may eventually apply to my situation.
My oldest son was apprehended and put on probation. We live just over 50 miles apart in different counties. We have been somewhat estranged over various personal issues for the last 15 years. Many things in his home were confiscated including 3 handguns, various rifles and shotguns. He called me up and asked if I would take his guns as a Release of Property Court Order was to be made and he wanted to designate me to receive the firearms. Motions were made and uncontested/approved by the Asst DA.
I insisted on a copy of the court order and the list of items.My son asked me to accompany him as he had it all arranged for me to pick up the firearms while he picked up the other items. Day came and the Evidence Room man wasn't there, aledgedly had an emergency .
I was given a business card with the Evidence Room No on it to schedule pickup.
I contacted the Evidence Room Custodian, explained the situation. He apologized as he did have a true emergency.I had several questions for him.
1. The court order only specified that "firearms to be given to my Father" What do I need to prove I am his father? Would my sons testimony be sufficient as he was going to pick up the other items at the same time. BAM!
I was informed that my son would not be allowed to be there when I picked up the firearms. I thought he would be allowed to assist me to carry them to my vehicle as long as they were under my control. I was advised that if he was present and near the firearms he would be arrested before he left the parking lot. I was assured the LE would assist me in carrying the firearms to my vehicle.
2. How can I pick up the firearms without some kind of Back ground check on me.? I'm thinking a call like you do when you buy a firearm. I eventually gave the man sufficient info to run a background check on me. He had to run the check before we could schedule a pick up.
I called back a few days later and he confirmed it was ok for me to pick them up and we scheduled a date.
The day before of the scheduled date I called again to CONFIRM and verify the appointment. (I'M A FULL TIME CAREGIVER FOR MY ELDERLY PARENT AND NEED TO SCHEDULE MY RESPITE TIME)
The man was extremely courteous and said everything is set up and I'm pulling the items, and bring a truck. He was going to have me pick up ALL the items confiscated. I explained that the court order only authorized me to pick up the firearms, nothing else. I'm just trying to comply with the court order.
OK but your son can not be here at the same time.
15 minutes after this telcon, I get a call from the man at the Evidence Room. No good, appointment canceled , Court order incorrect.
Apparently the Evidence room contains items for the Sherrifs Dept and the Metro Police Dept. The court order specified for the sherrifs dept to release the items, but the Metro Police Dept is the one that confiscated the items.
I contacted my sons lawyer. Took a couple of weeks to contact the Evidence room to get clarification, make out the order for release and send it to the Asst DA. They have changed Asst DA and the new one refuses to sign off as the previous one did. Now it goes back to Court for resolution.
If the Court dictates the return to me, I expect a hassle when I go to pick them up. If the Court doesn't sign off in favor, than I guess somebody in LE will have some nice guns. Sure wish I could get an affidavit if the guns are destroyed.
Time will tell.
 
"Hm, property that was accquired during a marriage, why dont you tell me an easy way to determine what belongs to who, so what if he bought it, half the money he paid belonged to her. In a community property state (and I have no idea if NY is one) there isnt really any such thing as property that belongs to the other spouse untill a court decides so."

"Generally, if she has her hands on it she controls it. In this day and age, the police will gladly accept any guns if the spouse says he/she fears the gun owning partner."

Yeah, I know all about spousal property, etc. If they were seperating, he is a fool for leaving them or anything else of personal value in the residence. Firearms are not like the tv, stereo or toaster in community/spousal property. They can be traced to the owner. Unless the firearms were in her name, she has no right to turn them over to the police. But since she did, why didn't he immediately go to the police station to retrieve them?
 
Community property is all well and good, but firearms are transferred to one person, by name, with forms filled out under Federal law. (Probably NY has its own laws on this, as well.) If the guns were legally transferred to him, "community property" doesn't give her any right to transfer them away from him.

Car titles are the same thing. I owned my cars before I married. I see no point in paying a fee to the state to add my wife's name to a car title, even though she now drives the newest and best car and we consider it "hers." If she were to attempt to dispose of it without my signature, there would be numerous "problems" despite the fact that this is a community property state.
 
"What bothers me so much is, how could somebody lose something that is in police custody?"
Easy - all it takes is one police officer who really, really, wants it for himself.
Police say . . . they were claimed by someone who said he was the owner's father or brother. No paperwork has been found.
BINGO! Can you say "Coverup?"
 
Standing Wolf said:
Only the police and military are qualified to lose guns.
Fixed it for you.

Imagine what the reaction would be in a jurisdiction where they keep records of who owns what firearms, and one day they came knocking on the door and asked for a list of firearms such as these ... and the owner opened the closet and said "Oops! Gosh, oh golly, they don't seem to be here. Sorry, but I haven't any idea where they might have gotten to."

Why do I think the authorities would be less than tolerant?

And what do you think might happen to an FFL if the BATF and E showed up and found he was missing an array of guns such as this? Do you reckon they'd just shrug their collective shoulders and say "Well, look into it when you have time, and if you think of it let us know what you find out."

Unlikely, to say the least.
 
The whole story stinks and if it were a class 3 gun the officer doesn't and can't take the weapon.

Call the ATF, report a theft and sue.
 
Unique occurance?

I'd bet not. Checking the personal collections of the officers would probably turn up lots of interesting stuff.
 
Quietly buried, no doubt.Nobody wants evidence of thier own incompetance, or company of thieves, rubbed in thier face over and over again. Too bad - even though I'll bet there is an obscure law preventing any NY agency from being sued for public stupidity, I hope the aggreived party does, and wins.
 
Call the ATF, the FBI and the State Police!

You don't thinks the cops would actually steal weapons from civilians do you? I just can't beleive that! If they don't have paperwork to prove otherwise then the cops still have them and are resposible for them. They need to replace them, pay for them, or hand them over. Whoever signed for them originally needs to be held responsible. If the wife or whoever supposedly brought them in doesn't have any paperwork then they are probably lying and they should be held responsible.
 
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