Disgusting....

[jimmyraythomason]

Here is something to make military arms collectors cry. My son-in-law who is an officer with the Birmingham Alabama Police Department arrested a "perp" who pulled a pistol on him. He confiscated the pistol which turned out to be a Walther P38. Not just any P38 but a Nazi issued P38 with SS markings. All components,including the magazine,had matching serial numbers. This piece of military history was obviously stolen from someone's collection. The City of Birmingham has a policy of not returning recovered guns regardless of the circumstances and this relic like so many others is slated to be melted down. It is enough to make a grown man cry!

 

[Big45]

Bad policy. I'd be livid if that was my pistol.

 

[41magsnub]

Oh that sucks... any chance of tracking down the real owner and letting him know so he can sue to get it returned? Probably wouldn't work but at least they would know.

 

[doc2rn]

:banghead: You could always suggest that such a nice piece go to a museum and have them (museum) interseed on the weapons behalf as it clearly is a piece of history.

 

[rainbowbob]

The City of Birmingham has a policy of not returning recovered guns regardless of the circumstances...

Crap! They can do that?

 

[johndoe1027]

I don't even know what to post about that. Other than, as stated, STUPID POLICY.

 

[buck00]

So a perp steals 30 guns from my house, my life long investment and hobby... then goes on a crime spree, gets busted, the cops find my guns in his car, but then the Birmingham Alabama PD would melt them down?

I'm not sure about that one.

 

[Indifferent]

I think that the Police should, should have to, return the stolen merchandise if reported stolen, isn't that their job?

This post makes me not only, not like the government, cops, but so, so, so many more.

 

[alemonkey]

Do they also crush stolen cars after they're recovered? That's ridiculous.

 

[Sindawe]

While I am often loath to suggest calling in the Feds, it would appear to me that the pistol is rightly a trophy of war, and as such if the frellniks in the City of Birmingham will not return return the pistol to its rightful owner then it should be surrendered to Feds as an artifact of that struggle against tyranny.

The thought of the pistol being melted down and history forgotten makes me sick.

 

[jimmyraythomason]

Along this same line,I had a Rossi .357 snubby stolen from my truck in Tarrant(a city in the shadow of Birmingham) and was told by one of the investigating officers (there were 3) that even if the gun was recovered it would not be returned. I could possibly be called in to identify it if recovered but I would not be getting it back.

 

[kingpin008]

Call me skeptical, but I'd like to see the regs that state that the Birmingham PD will refuse to return recovered firearms to their rightful owners. I don't see how that's even remotely legal - I mean, like Alemonkey said above - if some crackhead steals my car and they recover it later, do they take it to the junkyard and crush it into a cube? I don't think so. Guns are property just like anything else, no matter what anyone says.

 

[highfive]

I don't know what to say....awful just awful

 

[renloy]

This is only legal until they take the wrong man's guns and get sued into bankruptcy.

 

[Nate C.]

Not legal at all. Do they also refuse to return all the stolen cars, bicycles, power tools, and stereos they recover?

On the flip side, technically if the original owner was reimbursed for the item under his homeowner's policy, the insurance company now owns the item, and the original owner no longer has a dog in the fight.

Or something like that. I'm no lawyer--my parents were married.

 

[bogie]

Probably just because they haven't been sued lately.

At the same time, I'd find someone who'd be willing to file charges about receiving stolen property. If they're holding it, and won't return it, they're as guilty as the thief.

 

[Ala Dan]

Yet, another INJUSTICE by the
Birmingham, AL Police Department~!

FootNote: The new chief's name is A.C. Roper, just in case someone needs
that info for a lawsuit~!

 

[aequis]

didnt read a single reply, so sorry if im off base, but based on OP...land of the free, right? first revolution was from a 10% tax...today you are closer to 50% tax but no closer to revolution because its just too much trouble...

--aequis

 

[vis-à-vis]

Hmmm...

It's definitely mine!

 

[Erebus]

Firstly IANAL
But I can't see how a policy can trump all the laws of ownership. If the serial number is there(the OP said it is) and they can locate the owner than I would think they are legally bound to return it after it loses it's value as evidence. Now if they just stick it in an evidence locker until such time has passed that they dispose of it as an "unclaimed item" with no effort to locate the legal owner I don't know how that would play out legally. I guess the legal owner would have to some how be made aware of their possession of it.

I believe that if the insurance company has made the payout and the item is then recovered that you can reimburse the insurance company and reclaim the item. I am pretty sure I have heard of it happening with stolen cars.

My next question is would it actually ever be melted down or end up in some connected person's personal collection?

 

[Mr White]

Damn! I hope none of my kids ever go missing if I go to Birmingham...

"Mr White, we found your kids and they were OK, but we have a policy of not returning found children to their parents so we had them euthanized. We're sorry for any inconvenience this may have caused you."

 

[jrfoxx]

Do they also crush stolen cars after they're recovered? That's ridiculous.

Agreed.I REALLY cant see how departments who have this policy are are not in violation of one, if not sevral laws.Persoannly, if it were mine, and I found out the police had it, and tried to claim it, with proof of ownership, and they refused, I would sue. While sadly it's likely the cost of the lawyer would outweigh the value of the gun VERY quickly, and it's a very real possiblity you'd lose the lawsuit, or at leats no be allowed to collect you lawyesr fees or damages, I still do it just on principle, I think.The whoile thing is theft under color of law in my opinion.Sadly, the government would likely disagree.

 

[Bezoar]

thats horrible, but you know yourself that theyll "let" officers buy the nice stuff back. I dont think any of the 800 dollar revovlers and up ive seen turned in ever got smelted.

In detroit michigan, if the cops pull you over and THINK the girl you met last week in college and are giving a ride home to is a HOOKER of any kind, they can legally seize the motor vehicle and sell it at auction and you cant do a thing to.

 

[jimmyraythomason]

BEZOAR,not so in B'ham. The City is VERY diligent about destroying guns. If ANY guns make it into private collections,they are much higher than street cop level.

 

[mgregg85]

I cannot imagine how that policy is legal.