Options to recover firearm from police

EHL said:

Hello,
I have a friend who forgot his gun in a car rental. The car rental place called the police and surrendered the gun to them. My friend didnt have the serial number recorded. (I know, stupid.) He legally had the gun transferred to him via FFL several years ago. He tried reaching out to this FFL to see about getting a copy of the original transfer paperwork that would show the serial number. However, the FFL has moved out of the home he was doing business in and has changed his phone number. The police say they will destroy the firearm without him showing he has proof it is his.

This is a really sad situation with many things to be learned by my friend. I thought I'd ask if anybody had any ideas that he might pursue in order to reclaim his property?

Btw, this happened in Ft. Worth TX.

Thank you for anybody who has any advise.

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Without some proof of ownership, the firearm cannot be returned. The original ffl is of no help in this scenario. It's asking for a gun that is now in police possession with zero proof it's his.

If he bought it from an FFL, does he still have the sales receipt or a credit card receipt?

EHL said:

He does indeed have pictures of the gun that he showed the police, but they wont accept those as proof. They want the serial number.

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So, it's a generic gun i.e. black automatic pistol? Or perhaps something a little less in circulation, such as a revolver. Does he remember any unique marks on the gun.

Does he have any cartridge cases he fired though the gun. Then he would have pictures, and, cases (which can me matched) cases , and, an otherwise very strange story how all three items lined up. That being, I misplaced that EXACT firearm that is now in police possession, I have pictures, and cartridges fired from that firearm.

I have a few guns i inherited. one is a colt detective special. i thought about carrying it a few times but i have no paperwork.
I was always afraid of this scenario.

Another reason to put your name on the inside of the grips or on the butt of a rifle under the butt plate.

Depending on the location some LE agencies will release the gun without a SN. Having the records from the car rental place should be enough proof, but not in all cases. I don't think having your name written inside would make much difference. It is however important to record SN's of all guns you own. My LE friends tell me that at least locally over 60% of gun owners can't provide a SN of their guns when they report them stolen. If you do have a SN you have a fair chance of getting it back at some point.

Having receipts sure wouldn't hurt, but from what I can tell just having a document with the SN recorded is most important.

The gun will remain in "evidence" for a period of time depending on their policies. If their policy allowed minimal provenance it would have been returned already. There is a liability issue here.
The gun may or may not be returned with or without an affidavit depending on their policies.
Contacting an attorney may help but not for an "ordinary" firearm because of the cost to value ratio!
The FFL may or may not do a search for your recorded 4473 unless he saves them electronically.
The fact he didn't do his due diligence, "Play stupid games win stupid prizes!"
We all know that anyone with a few firearms should record the information for every firearm in their possession including photos! Etching a driver's license on firearms may help. I've seen a few that were followed up on but I don't know if they were returned without more evidence of ownership. After all the gun could have changed hands!

In law enforcement firearms found or turned in or held for evidence carry a huge liability. If the firearm is returned and then used in a crime the department becomes a target for every manner of law suit!

Law enforcement will run serial numbers of found items in the national data base in a effort to return property based on their policies. In large departments it could take months/years!

In some states people are encouraged to file a form with recorded firearm information for the purpose of reuniting guns with owners. Controversial I'm sure!

Some departments held auctions to sell firearms out of their inventory and found property. I'm sure due to politics those days are long gone. The department I retired from sent firearms to be destroyed to a third party for destruction. Two deputies were assigned to sign off disposition much like evidence disposition!

I was on the department shooting team and could "sigh out" firearms but not for purchase. Purchase by LEO's ended about 30 years ago!

Smiles,

DukeConnor said:

I have a few guns i inherited. one is a colt detective special. i thought about carrying it a few times but i have no paperwork.
I was always afraid of this scenario.

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Record the serial number and you should be covered.

Keeping track of firearms is easy:

1. Keep the purchase receipt in a file.

2. Establish a database with firearms description, serial numbers, accessories, date purchased and disposition.

As most have noted “here’s what to do so that you never are in this situation...” with little relief for the gun owner (who may be learning a tough lesson).

Here’s hoping the FFL can be located and be able to provide the needed documentation...

EHL said:

I thought I'd ask if anybody had any ideas that he might pursue in order to reclaim his property?.

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He should find an attorney.

Mn Fats said:

Without some proof of ownership, the firearm cannot be returned..

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Horsehockey. No federal or Texas law requires someone to provide "proof or ownership" to retreive lost ot stolen property.

That LE agency may have a policy requiring such, but its not state law. Imagine if it was a necklace, watch or boat motor.....a simple description would suffice.

The LEO is being difficult. Hire an attorney and file an action fo replevin and conversion. No reason for the police to keep what doesn’t belong to them.

I had a revolver stolen from me some years ago. It was in possession of a felon during commission of a crime.

When the trial was over, I walked in to the Sheriff's office, with the original sales receipt, the original box, and an affidavit of ownership, along with the police report of the revolver being reported as stolen. I asked for the return of my property.
The Undersheriff told me that there was no way I was going to get that firearm back.

I then went upstairs to the District Attorneys office and spoke to the DA; showed all my papers, plus reported what the Undersheriff told me.

The DA made a phone call, I walked back down the stairs to the same Sheriff's office I had just left, and the Undersheriff handed me my revolver. The Undersheriff was not happy.

Perhaps the OP can talk to someone else ?

The problem is an attorney may cost more than the gun is worth.

In Texas, the correct way to have seized property returned is request a seizure hearing in the Justice of the Peace court that's has jurisdiction over the area where the seized property is being held. A hearing will be scheduled and you show up and tell the judge why you believed seized property should be returned. No lawyer required, they usually just get in the way in JP court.

Fyrstyk said:

Another reason to put your name on the inside of the grips or on the butt of a rifle under the butt plate.

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Another reason to take a photo of the gun, the serial number and store it in a Cloud as well as a written copy somewhere else, like a spreadsheet.

birdshot8's said:

In Texas, the correct way to have seized property returned is request a seizure hearing in the Justice of the Peace court that's has jurisdiction over the area where the seized property is being held. A hearing will be scheduled and you show up and tell the judge why you believed seized property should be returned. No lawyer required, they usually just get in the way in JP court.

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Not aware of this proceeding in Texas. That’s why I stay in Missouri. Thanks for the info.

I always keep an updated list of all my stuff with serial #s, descriptions including accessories, YOM, etc. Hard copy as well as hard drive.