Getting my pistol back from Madison PD

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hmmmmm. I'd be suprised if disorderly conduct is not DV. Most states' DV laws are pretty similar. In AZ, disorderly conduct is DV.



This depends entirely on location, and even then, it STILL sometimes depends on WHAT KIND of disorderly conduct charge one receives. In Wisconsin for example, theres the standard disorderly conduct charge, and a "domestic" disorderly conduct charge apparently, with the domestic charge affecting one's 2nd amendment rights, and the standard charge not affecting them. Also, it may be charged as a felony in Wisonsin. http://www.vanwagnerwood.com/CM/Custom/DISORDERLY_CONDUCT.asp

In South Dakota, however, there is nothing indicating a disorderly conduct charge equating to domestic violence in any way, and is charged strictly as a Class 2 misdemeanor unless its a third offense within a period of ten years, which only elevates it to a Class 1 misdemeanor, which is the equivalent of say a first or second offense DUI. There is no felony disorderly charge in SD, nor anything classifying any disorderly conduct as domestic violence!!

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=22-18-35
 
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Update FTW

:) Got my sr9 back today. Inspected everything as soon as I got home. No scratches, and still clean as a whistle. I guess I'll just consider this a 5 month lesson learned. Oh, and +1 for Madison, WI gun owners.
 
since I cant figure out how to delete the post, I will just change it to say Good for you and from now on I will read ( or at least skim... ) ALL of the replies before I hit the reply buton........
 
I didn't realize property rights were SO FAR GONE that sitting in your own home passed out was considered "disorderly conduct".

And what about the girlfriend who though it was a good idea to use your gun as leverage in your argument? Is she still in your life?
 
Glad you got the gun back. Even if you hadn't, I would say you lucked out. Had your GF been really ticked off, you could be looking at 2-10 instead of a fine, and no guns any more, ever.

I know it is hard to think ahead sometimes, but gun owners are especially vulnerable to escalated charges, police hatred, and prosecutorial grand-standing, so it is necessary to consider the possible results of what for others would be a minor concern.

Glad it worked out for you.

Jim
 
JRSpicer426 Ok. So after my last post in which I stated the LT was running a NICS, I contacted the property room and was informed another LT had taken over my case. I left repeated messages on this LT's answering machine to the extent of "this is ----- I am calling about case --------, I am inquiring about property seized from me during this arrest..... " I left these messages for about 5 weeks until the LT. finally picked up. She said she had signed off on the transfer and to contact the property room. So a few minutes later I called the property room and they had no record of her signing the release. So I called the LT. back and told her that the property room had not received the release. She said she would bring it to them personally, and to call her back if there were any problems. The next day I called the property room again, they said they had not received any release. I called back every day after that , and the person answering the phone was more and more annoyed every time. Eventually I got a phone call at 8:00am on 7/5 informing me that my property was ready to be received, but to call the property room to set up an appointment. I called and talked to one of the employees working there. He said you can pick your firearm, but the ammunition cannot be legally released until 24 hrs later. I agreed. (they picked up 2 rds of live ammo off of my workbench). So 30 minutes later I was in the Madison PD's garage and the property clerk brought out my pistol, in a box, requested me to open my trunk, and placed the pistol in my trunk, then shut it. He then had 3 squad cars escort me out of the garage (and a few blocks away). Then I arrived at home and inspected the firearm. They (as they said) did not "legally" give me my 2 rds of live ammunition, but they did return a magazine with 15 rds that was in the pistol when it was taken. (zip-tied in the box as well) I will not be taking the trip back into the cop shop's garage for 2 more rds. Any other hoops I had to jump through before this are paraphrased in my prior posts.

This whole process was long and painstaking. If anyone from the gov't tells you a week, expect a month....

I believe the information transferred between dept's was deliberately lost in order to delay my receipt of my firearm, but I also think that being persistent and tenacious paid off in the end. Basically, they gave me my gun to get me off their back's.

And again I know I was irresponsible in this case, but just because I was irresponsible does not mean my 2nd amendment rights should be taken away.
 
@Maple_City_Woodsman and Jim Keenan I wasn't just passed out in my house. I was creating a scene in my apt building. I am ashamed at my action's and it will never happen again. I plead guilty to disorderly conduct because I believe I was guilty of it. I don't like, or associate with people who do that kind of thing, but I understand that everyone (including me) makes mistakes in their lives. One night of lack of judgement (depending on the severity) should not prohibit someone from protecting themselves or their loved ones for the rest of their lives.

And my girlfriend was really pissed. that's why she called the cops in the first place. I thank the police for being reasonable and understanding that we were both intoxicated.

I talked with the arresting officer off the record and he told me that he didn't want to charge me with anything, but the call/labor/hours, would bring up questions and possibly cost him his job.

When "a man with a gun" call goes out, someone gets charged. When I walked out of my apartment there were at least a dozen police with ar-15's drawn. I did create a disturbance, and yes I was lucky as to only get a DC charge, but the police saw it as it was.....a drunk couple having a fight. How many of you can say you've never had a stupid drunk fight with your spouse/girlfriend.
 
Teetotaler Power.

Glad you got the weapon back, and a valuable lesson without a permanent blotch on your record.

However for me...

I find the lack of memory holes, morning-after regrets, and hangovers to be well worth the price of being labeled the wet blanket/Permanent Designated driver.

Remember, moderation in Everything.... INCLUDING moderation.
 
I'm glad it worked out. One of my biggest fears would be to go through something like this. As such, I really don't drink much - at most three beers but that's even quite rare. Given what happened, I'd suggest you consider not drinking excessively.
 
Time for a new barrel or a zillion passes with a bore brush to change the rifling marks, then several hundred rounds FMJ run through it, just in case.
 
plunge said:

He is likely inferring that the police recorded the rifling characteristics of his firearm, and now have it on file. While very paranoid, it is a possibility.
 
i kind of got that, but who would even care? why bother filing them

Well doncha know every gun owner is a criminal. They might want to have your ballistics on record so when you go knock over the local liquor store they'll have ya! (end sarcasm tag here)
 
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