Good news, guys! (Stolen gun returned!)

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firesafety3

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Sep 9, 2004
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Louisiana
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.
 
Always Love Good News

Sux that you have no access to your own property for . . . two years? . . . because some BG touched it.

That's messed up.

I take it the pistols are still at large?
 
The Bushmaster was the only item recovered. The handguns are floating around out there somewhere.

Another bit of info: the AR15 was recovered roughly a month after the break in. The defendant was never charged with the burglary of my home. The detective stated that the defendant said he had purchased the Bushmaster "on the street" only hours before he was arrested. It's amazing how fast these guns are moved out there!
 
The gun forcing it to Fed court instead of local is a good thing.

Fed courts typically impose longer sentences with higher minimums...whereas in "liberal" local courts they hand out weak sentences so the perp can get back onto the street and resume plying their trade.
 
God save our liberal criminal loving and protecting governments.

They need criminals to keep law abiding citizens at bay.

Throw out EVERY incumbent for a period of 20 years, and they may listen to "citizens". We are now just serfs because of apathy, laziness, and "I don't make a difference" thought.

Hear the noise? It's the founding fathers rotating in ther graves at a high speed.

Why all the sacrifices to have a society like we have today???
 
My wife is a paralegal and I'm trying to get a copy of the case and court documents to see what part the rifle played in the trial and how the US Attorney utilized its "evil" appearance to strengthen the case.
 
Congrats on retrieving the AR. I have to ask, have you already or will you be purchasing a solid gun safe?
 
Congrats on getting one of your nice firearms back...Whatever happened with the 3 handguns? Does insurance cover that? Or do you have to chalk it up as a loss?

I've never had anything stolen so I'm just curious.
 
bogie,

Why do crime victims have to suggest to the police charges to make against criminals? [a rhetorical question]

It's outrageous this has taken so long so far, no one's been prosecuted.

So much for "leaving it to the police" BS yet we're not allowed to "take the law into our own hands."

-- John D.
 
Glad you're getting your rifle back. Hope your story ends better than my brother's. He had a Colt 1991A1 stolen from his truck a few years ago. It was recovered shortly thereafter in a situation eerily simliar to the recover of your AR. It stayed "in evidence" for over a year.

When my brother picked it up he said they carried it out of the evidence room still in the "evidence bin" (a Rubbermaid container). It was covered with rust - so rusty, in fact, that he had to use a rubber mallet to free the slide enough to dissasemble the gun. A lot of elbow grease, some oil, and a hunk of 0000 steel wool later the rust, along with most of the original finish, was gone. Luckily the pitting was minimal and most of it buffed out when he had the gun refinished.

Brad
 
I appreciate you asking, Fawkes! Yes, I did purchase a safe a few months after the theft.

Brad, after many months and many phone calls to the PD, US Attorney, and Sheriff's Department (with whom I initially logged the complaint), I was able to talk to the Detective Unit that physically had possession of the firearm. I spoke to an officer who was in charge of evidence and she had personally fired the weapon and stored it. She was able to comment that the rifle was in great condition and performed flawlessly. I had an illuminated reticle scope on the AR and she said it was apparently left on and the battery was dead but otherwise the gun was 100%.

Our local Police Department is fairly busy. I dropped in Tuesday afternoon to pick it up and an officer handed the Bushmaster to me with a 20 round mag inserted. I dropped the mag and pulled back the charging handle to assure the rifle was clear. He seemed a bit excited and said "whoah, whoah"; the seven or eight civilians in the lobby shot a concerned glance to me.

I calmly told the officer that if he would have handed to me in an open, obviously clear condition that I wouldn't have had to make sure myself.
I left out of a side door and crossed an apparent husband and wife starting up the stairway and they backed out of the way and stood 6 or 8 feet to the side while I descended the stairs and went to my vehicle. I just found it all a bit amusing.
 
Congratulations!

You aren't on the Northshore, by any chance are you? I understand that there is a rash of break-ins occuring there that may be connected to a ring going on just accross the state border into Mississippi.

Six weeks ago, my home was broken into in Mississippi. The crooks only took the guns that I keep in the house. I lost a total of 6 firearms.... problem is that I only had the serial numbers written down for 2.

Lesson to EVERYONE: Get a gunsafe.... Now. Write down all your serial numbers... NOW.


John
 
congratulations on getting your rifle back, and it being in good condition.

last year, my buddy's Harley-Davidson bobber that he custom built was stolen, and recovered.

it was recovered with $3000 in hand pinstriping covered by an amateur airbrush flame job. original 60's mirrors were replaced by $20 iron cross shaped eyesores.

a few years ago, my brother-in-law had his house robbed, and his only handgun (a Glock 17) stolen. it was recovered in posession of a wanted felon, but has never been returned to him. he replaced it with a Glock 21 and bought a small safe, since it's his only gun.
 
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