firesafety3
Member
I posted this back on April 27, 2005:
I had a break-in just after the holidays, roughly four months ago. All jewelry, small electronics (kid's Christmas gifts), and cash was taken. Also stolen were three handguns and a Bushmaster AR15.
Four weeks after the loss, I was contacted by our local Police Department. They had recovered the rifle in a routine traffic stop that lead to the arrest of an individual previously sought on drug related warrants. My AR was located in the vehicle literally laying on top of the drugs (detective's comments).
I was told at that time that yes, they had the rifle but they would be seeking federal charges against the guy and because they were federal charges, not state, they would need to keep the AR for evidence. I was informed that in state cases, photographs of evidence is admissable but federal cases require relevant evidence physically present.
I was further informed that it may be a year or so before I would get the gun back, but I could call and check progress from time to time.
I call last week just to see where they were on the case and release of evidence. After 10 minutes on the phone with the detective's unit, they did not have my name or anything tying me to any evidence or any gun. Finally I mentioned the name of the individual that was arrested (given to me by the detective upon retrieval of my AR) and a detective nearby recognized the name and apparently stated, "Oh yea, we have that gun. But we won't be releasing it for a good year or so."
I was told to call back sometime late in the year and check. I asked if they could give me a case number or some reference so I wouldn't have this same trouble again. They declined but took my address so thay can send me a notice when the rifle is released.
Granted, when my property was stolen I never thought I would see any of it again. But I'm a bit tweaked of how things are going. My initial thinking was, "Fine, get this guy on whatever you can and get my gun to me later.". But I'm having doubts on how this is being handled and it seems like this rifle will be "lost in the shuffle".
Is there any way I can get this gun back now? Had a friend yesterday recommend having my attorney send a letter to the department. Of course, I will contact my attorney but I wanted to see if any of the folks here have been through or have experience in a case like this.
I called the US Attorney's office 6 weeks ago and found that the defendant in the case had been found guilty and the weapon was being held until sentencing. The young lady I spoke with told me that sentencing was to be on January 16, 2007 at 10:30 am.
I received a call yesterday at 1:15 by the Detective Division of the local PD. He informed me that sentencing was complete and my weapon was being released from evidence and I could pick it up at my convenience.
Two years, 21 days since the break in of my home and I've got my Bushmaster back. Of course, I presented my license for identification and they performed a background check to release to gun to me. I also signed the original evidence list for receipt of line item #1: Bushmaster AR15. I took time to look over the evidence listed that included "bricks" of marijuana, crack cocaine, and some cash (I forget the amount).
So now that all is said and done, the guy got a bit over 5 years. I got my rifle back in good condition and although I had no choice in the matter I'd like to think that the possession of the gun tacked on a bit to the sentence.
Thanks to the folks here for their advice to keep calling every few months, find one contact to deal with, and to hang in there.
I had a break-in just after the holidays, roughly four months ago. All jewelry, small electronics (kid's Christmas gifts), and cash was taken. Also stolen were three handguns and a Bushmaster AR15.
Four weeks after the loss, I was contacted by our local Police Department. They had recovered the rifle in a routine traffic stop that lead to the arrest of an individual previously sought on drug related warrants. My AR was located in the vehicle literally laying on top of the drugs (detective's comments).
I was told at that time that yes, they had the rifle but they would be seeking federal charges against the guy and because they were federal charges, not state, they would need to keep the AR for evidence. I was informed that in state cases, photographs of evidence is admissable but federal cases require relevant evidence physically present.
I was further informed that it may be a year or so before I would get the gun back, but I could call and check progress from time to time.
I call last week just to see where they were on the case and release of evidence. After 10 minutes on the phone with the detective's unit, they did not have my name or anything tying me to any evidence or any gun. Finally I mentioned the name of the individual that was arrested (given to me by the detective upon retrieval of my AR) and a detective nearby recognized the name and apparently stated, "Oh yea, we have that gun. But we won't be releasing it for a good year or so."
I was told to call back sometime late in the year and check. I asked if they could give me a case number or some reference so I wouldn't have this same trouble again. They declined but took my address so thay can send me a notice when the rifle is released.
Granted, when my property was stolen I never thought I would see any of it again. But I'm a bit tweaked of how things are going. My initial thinking was, "Fine, get this guy on whatever you can and get my gun to me later.". But I'm having doubts on how this is being handled and it seems like this rifle will be "lost in the shuffle".
Is there any way I can get this gun back now? Had a friend yesterday recommend having my attorney send a letter to the department. Of course, I will contact my attorney but I wanted to see if any of the folks here have been through or have experience in a case like this.
I called the US Attorney's office 6 weeks ago and found that the defendant in the case had been found guilty and the weapon was being held until sentencing. The young lady I spoke with told me that sentencing was to be on January 16, 2007 at 10:30 am.
I received a call yesterday at 1:15 by the Detective Division of the local PD. He informed me that sentencing was complete and my weapon was being released from evidence and I could pick it up at my convenience.
Two years, 21 days since the break in of my home and I've got my Bushmaster back. Of course, I presented my license for identification and they performed a background check to release to gun to me. I also signed the original evidence list for receipt of line item #1: Bushmaster AR15. I took time to look over the evidence listed that included "bricks" of marijuana, crack cocaine, and some cash (I forget the amount).
So now that all is said and done, the guy got a bit over 5 years. I got my rifle back in good condition and although I had no choice in the matter I'd like to think that the possession of the gun tacked on a bit to the sentence.
Thanks to the folks here for their advice to keep calling every few months, find one contact to deal with, and to hang in there.