Getting Guns Back From Police

[Action_Can_Do]

Hello everyone. A few months ago, my brother shot himself and died as a result. He was a troubled young man and apparently didn't realize just how many people cared about him or were willing to do whatever it took to help him. The day that he did it, the police were called and they collected all of his guns. I understand why they would take the gun that he used but am mystified as to why they would take the others. They didn't even take the shell casing from the round that he fired (which struck me as odd). My other brother and I are now trying to get the guns back and they're fighting us on it.
We're in Pennsylvania, by the way. I considered placing this in the Legal forum but I'm not entirely convinced that this is a legal matter. As far as I know, there is no investigation pending. The police simply don't want to return the guns. Is there something here that I'm missing?

 

[rcmodel]

Missing anything?
Yes.

Get a lawyer ASAP.

As far as I know, they have no right to confiscate the personal property of an estate, as long as the property was legally owned.

But arguing with them yourself without legal representation probably won't get you a cup of coffee out of the cop shop vending machine.

BTW: And I'm very Sorry for your loss.

rc

 

[sauer1911]

I had a sport rifle stolen approx 2 yrs ago. A neighboring large city PD contacted me and said they had recovered the rifle in a case. Never fired, good condition.

The detective said It was a very nice rifle and he would everything he could to see that I got it back. But it might take up to 2 years of ongoing legal matters.

I stayed in touch approx every 6 months, got replies that things were still ongoing. Now with my last inquiry, I got no answer no response as to how the case was going, whether it was adjudicated etc.

Luckily my Insurance company replaced it, but I still would like to make a deal with the Insurance in buying it back.

Luckily I havent wasted any postage in my correspondence! Probably will not see the rifle again.

be safe.

 

[yaonttwo]

rcmodel got it right!! Let an attorney handle.

 

[DeepSouth]

Definitely sounds like a legal matter to me. Unfortunately almost 80% of property confiscated by police is never returned, yet another reason for a lawyer.

I am also sorry for your loss, your family will be in my prayers.

 

[Thermactor]

Something is really messed up with how the police handled that situation. Ignoring the shell casing and carting off all the firearms sounds like an inept and heavy-handed response that only causes more grief for the bereaved family.

I am truly saddened by your loss. I hope and pray that your family can find some meaning in this painful time.

 

[Glock1978]

They're adding insult to your terrible family tragedy. Lay into them heavy.

 

[gamestalker]

Been there and done that. Twice in my life time I have had to fight the police to have firearms returned that they had confiscated. I both circumstances it took me insisting that they either provide me with a formal notification of an investigation, either pending, or officially active, or release the firearms. They gave me the same run around I had been getting from day one, that being, they'll look into the status of the situation and get back to me in a week or so. Having had it up to my ears with this response, I told them that they were illegally preventing me from acquiring my rightful property, and that if I didn't have my firearms back in my possession, or formal documentation of an on going investigation within 48 hours, that I would file legal proceedings, as well as a formal complaint against the dept.

The result was positive, and I received a phone call the following day advising me that I could come pick up my firearms with proper picture ID.

Bottom line, you have to force their hand by letting them know, that you know the legal process and your rights as they apply. That's how it goes here anyway, Pennsylvania may be different.

GS

 

[Frank Ettin]

...They gave me the same run around I had been getting from day one, that being, they'll look into the status of the situation and get back to me in a week or so. Having had it up to my ears with this response, I told them that they were illegally preventing me from acquiring my rightful property, and that if I didn't have my firearms back in my possession, or formal documentation of an on going investigation within 48 hours, that I would file legal proceedings, as well as a formal complaint against the dept....

Maybe and maybe not. I have difficulty accepting your story at face value.

Let's not mislead the OP with tall tails. And your comment about retrieving your property is also irrelevant since it's not clear whose property the guns are.

...I'm not entirely convinced that this is a legal matter....

It is definitely a legal matter, and you need qualified legal representation; and an Internet gun forum is not the place to find that.

On what bases the police took custody of the guns, why they're retaining them and what you will have to do to get them back are all matters that will need to be resolved under Pennsylvania law. One issue will be determine whose property the guns are. Depending on the applicable succession laws of Pennsylvania, that might be a more complicated task than it would appear on the surface.

I urge you to get a qualified lawyer. It's a shame that you have to incur the trouble and expense at this inopportune time, but I don't see any good way to avoid it.

I'm going to close this thread because real, personal legal matters should not be discussed in public with strangers.