Another issue, (for a friend), Police taking very long time to return his Taurus .45

[Downr@nge]

Hello fellow HighRoaders! I have another question for you all. (First, I want to say thanks for all your help in my other thread on my wife giving me trouble about getting a handgun.)

My best friend has a Taurus PT 24/7 Pro .45. About 1.5 months ago, it was taken by the police because of a non-violent domestic dispute that erupted in his home between him and his wife. His wife, doing the WRONG thing, listened to her friends, went and got a Restraining Order (Order of Protection) against him. All this took place on a Friday. By Monday, some relatives and myself had finally talked some sense back into her and everything was dropped.

Needless to say, that Friday when everything happened, the Police took his firearm away. They told him he could get it back if the restraining order was lifted. Well, the restraining order has been lifted long ago and they are giving him the run around about getting his gun back. He calls the police station and they tell him, don't call us, we'll call you when you can have it back. (They literally said this to him.) They have told this to him several times. He has no criminal history, has never been arrested for anything other than a traffic warrant once when he was 20 (for a non-payment of a $200 fine), has no negative mental health history, and to boot, he already has his Handgun Permit.

This all took place in New Jersey. Why are the police taking so long to give him his gun back? Why are they telling him there is nothing he can do until they are ready to give it back? Are they (the police) allowed to do this? My friend is a law-abiding, tax-paying, good sumeritan and it sucks that he is going through this.

Neither of us have a problem with Law Enforcement (heck, i'm trying to become a LEO!) so its not like he is belligerent or hates the cops or anything like that.

 

[Downr@nge]

Oops, maybe this belongs in the Legal forum. Sorry if this doesn't belong here!

 

[BigO01]

Time to call an attorney to talk to the cops and perhaps file some papers .

 

[Eightball]

This all took place in New Jersey. Why are the police taking so long to give him his gun back? Why are they telling him there is nothing he can do until they are ready to give it back? Are they (the police) allowed to do this?

Welcome to New Jersey? That's all I can think of, IANAL.

Welcome to THR, by the way. Sorry that you're having so many problems right off the bat.

 

[Old Fuff]

Why are the police taking so long to give him his gun back? Why are they telling him there is nothing he can do until they are ready to give it back? Are they (the police) allowed to do this?

Absolutely, because...

This all took place in New Jersey.

Which is one of the most anti-gun and corrupt states in the union. Your friend can get an attorney, but the lawyer will cost more then a new pistol

Which they probably won't let him buy anyway.

People who live in New Jersey get screwed over because it's their way of life. Has been for generations. :banghead:

 

[armoredman]

Get out now. Leave the Democratic Peoples' Republic of New Jersey now, and come over the wall to Free America.

 

[Downr@nge]

Well, at least that is the good thing, she wants to possibly move to North Carolina, Virginia, Maryland, South Carolina, or Georgia in a few years; we agree there because I want to move down south as well, particularly Maryland or Virginia.

But as far as my friend, he says he is going to speak to an attorney today.

 

[Northalius]

How does a restraining order give government reason to infringe upon a good citizens' RIGHT to bear arms? I have no idea.

Until it's PROVEN he's a violent or murderous criminal, and he's sentenced to jail, then they're breaking the law (2nd Amendment) by even TAKING his gun in the first place, and even worse, for keeping it even after the restraining order was dropped! My goodness... talk about criminal government! I'd definitely get a lawyer and sue the bastards.

 

[Tribal]

Maryland's not so friendly towards guns; Virginia's a much better option (and we have nicer weather and better housing prices, too).

 

[RoostRider]

I had a gun taken by the St Paul Police Dept last fall after an attempted burglary at my house in which I used the gun to defend my safety/life.

The officers on site told me it was a 'standard practice' to confiscate any firearm discharged inside of city limits, for whatever reason. The investigating detective also told me I would get my gun back "as soon as the investigation is over".

After the investigation (and the perp getting 9 1/2 years) I still kept getting the run around. I was told to write a letter to the chief of police, so I did..... still got the run around.... was told to talk to the prosecuting attorney, so I did (prosecuting the perp, not me).... still got the run around... I was told to talk to the detective in charge of the case, so I did.... still got the run around.... went to the perps trial and testified against him and talked to the DA again, she said she would OK that I could get it back.... still got the run around.... was told to talk to the officer in the property room, so I did..... still got the run around....

I finally went back to the investigating detective and told him I was getting a bit tired of all of this.... he told me "we just don't give guns back" he said that he ran the property room for years and in all that time he only gave one gun back to it's owner (and told me all kinds of stories about felons and whatnot trying to get guns back illegally)... everyone knew the firearm was used in self defense against a murderous thief thug.... the perp had a previous conviction for manslaughter from a similar incident in which he got the better of the person defending their home and killed him, and it was reduced to "manslaughter" from murder to get a plea they couldn't loose.... he served 100 and some odd days of a 10 year sentence and was triyng to rob my house within 2 months of being released.... *sigh*.... every cop I talked to about the situation looked at the case and said things like "well, that's a justified shoot" and "you should have just shot that dirtball in the head when you had the chance" and things like that.... they were with me, but just still wouldn't make it happen....

I kept writing letters to the chief, the officers, the DA and anyone else I could think of.... they finally relented and told me I could come and get my gun....

I got it back, without a lawyer thank goodness.... but it was covered in finger printing dust and they said they couldn't give back my ammo (they took two fully loaded clips.... minus the one round I fired in the incident).... I just smiled and walked out with my gun and empty clips.....

I couldn't really justify a lawyer for the gun being as it was only a $450 gun to begin with, but I just stuck with it and they finally just gave in..... I suggest you tell your buddy to do the same thing (call someone every couple of days and just keep on it), because the lawyer will likely cost more than it would to replace the gun.....

Tell him "good luck" from someone who knows his troubles.....

 

[golden]

Suggestions

Downrange,

Your friend might want to contact the NRA or a local shooting association to see if they can help.

A second course of action might be to go to small claims court and file against the police department.

He might try legal aid or a ombudsman to negotiate with the police.


As for New Jersey police. As a group, they are extremely anti-gun. They will do anything to take your gun away.

An officer I worked with was pulled over for speeding in N.J., the local officer asked if he was armed, he said yes and showed his credentials. They told him they were going to take his service gun as a precaution.
He finally told them, he would not surrender it to them, they would seize it and that he would need their names and badge numbers for the theft report to our agency and the ATF (a non-agency employee cannot possess a federally owned weapon without written permission from the agency).
At that point they backed down. It was an absurd situation, but non atypical of New Jersey.

Jim

 

[NG VI]

Wow. Sorry guys, I had one taken three years ago and had no trouble at al getting it back after everything cleared up. It was a great experience with local law enforcement, Good luck getting his back.

 

[Cosmoline]

This all took place in New Jersey. Why are the police taking so long to give him his gun back?

Flip the first sentence in front of the second and you'll have a large part of the answer. It's NEW JERSEY.

 

[Northalius]

I don't care if a gun is fired in your house; if YOU'RE not the criminal, then the police have NO right in [illegally] confiscating (read: stealing) YOUR line of defense against criminals!

What if another criminal broke into your house the next night, and your only gun is with the police? You'd be defenseless! If a police officer is in a shootout, does his weapon get taken from him, leaving him with nothing else afterward, until an investigation is complete? If not, then police officers are no better than law-abiding private citizens, when it comes to defending someones' own life!

I strongly urge everyone to keep your firearms even when you fire them "within the city limits" and get a lawyer who believes strongly in the 2nd Amendment RIGHT to keep and bear arms.

When the police take your gun away even if you didn't commit a crime, they just broke the law right there by infringing upon your rights.

People need to stand up and voice their concern with this government criminality, or it's only going to get worse over time.

It's no wonder governments are getting away with these criminal acts: people are so complacent and do not protest when the government infringes upon their rights! Just like a bully will keep pushing until you stand up to him and show him you're no pushover!

STAND UP, people!

 

[Steve C]

He calls the police station and they tell him, don't call us, we'll call you when you can have it back.

Did they give him a receipt when they took it and does he still have the receipt?

If it was a nice gun and he didn't get a receipt its sitting in some cops gun safe now or they pawned it for a few bucks. Cops can be some of the worst thieves there are and they use the badge to do it. They probably can't find it in the property room so they're putting your friend off figuring he won't spend $1,000 for an attorney to retrieve a $500 gun.

Not saying all cops are thieves but its more common than you'd think.

 

[NWdude83]

They stole it! Call the cops... I mean uh nevermind.

 

[trickyasafox]

have you tried talking to a shift manager? sometimes the people who answer the phones just have stock answers- You need to get someone with authority. I would go down there respectfully, after making an appointment, and have them give you the gun back or give you a copy of the actual legislation they are using as grounds for withholding the firearm.

It never hurts to call your local NRA rep either- thats why we pay our dues- so they can help us from injustices. Also it'll be a good reality check. Your buddy unfortunately- might not be giving you the whole story.

I don't want to be cynical- but there may be more going on here.

 

[NWdude83]

Did I mention they stole it? Literally, he got robbed by the cops.

 

[Supertac45]

It's New Jersey.

 

[gsw-survivor]

4 years ago I had to use my Glock in self defence. I live in Central Florida and the local P.D. returned my gun within weeks of the incident after they test fired it and checked to see if it had any "history". I like it down here. Brad

 

[Ford]

After I had called the Agency that took the weapon and allowed enough time for them to return my gun I think I would call a lawyer and then call the NRA.

 

[kmrcstintn]

if you or your friend are active NRA members, then call the NRA-ILA and see if they will help...they use positive result litigation stories for 'pump ups' in the NRA's American Rifleman subscription magazines that get sent to current NRA members; if they cannot help you directly then ask for a referral to a gun rights defense attorney in your region; if you are not NRA members, then join immediately and help fight the good fight to help gun owners across America

 

[pete f]

ask around and find a pro 2A atty around. ask him to write a letter. A lot of the Pro 2A guys hate this crap and have the letter already in the word processing file. One letter from an atty has 500 times the weight of a phone call from the citizen. Also call your local alderman/councilman/precinct chair. ask them for help.

 

[KimKommando]

I have an answer, divorce the wench and get it over with, your gun is worth more anyway....

 

[cdcmj]

you dont want to come to MD