how do i get my guns back PLEASE HELP

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ccapehartUSARMY

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i was stopped for a dui awhile back and i had my glock 17 in the car they confisctated for safe keeping i have since then tried to reclaim my pistol but the sacaton indian res police evidence tech says i need a bill of sale.. i purchased it off a private owner in tucson a couple years ago and i have since lost the bill of sale how do i look this person up by the guns serial number or the last registered owner or gun store etc the atf wont help becuase im not law enforcement
 
Lawyer, and have him show that there is no bill of sale requirement in Arizona between private parties. Have you ever had the gun in for work done, the pawn shop, anything where there is an official record of the serial number?
Does the police report of the incident have the serial number listed? If it the numbers were run at the time of the arrest and didn't come back stolen, I'd wonder why they need something else to give it back...
As for cheap lawyer, call the NRA, and see about Legal Aid in your neck of the woods. Sometimes you can get a legal opinion for a few dollars through that outfit, but no guarantees. Good luck!

Whoops, just realized you were on a res. You might want to just start looking for a new gun. If you're not a tribal member, and you're carrying on tribal lands, you could might have dodged a BIG bullet, as state carry laws run a distant second place on the reservations. Check with a lawyer or Legal Aid, but with reservation PD they might just tell you no dice.
 
IMO, be glad it was a Glock and not a Kimber or a HK. I don't have any advice, but wish you luck getting it back.
 
I should think that if it is documented as having been confiscated (have you seen this in writing?) from you and is not documented as stolen then it by default is in fact yours.

I'd:

Determine that its confiscation is documented.

Get a name of one accountable person confirming its safe storage on site as evidence.

Send a certified letter requesting its return.

Prepare to contact Federal authorities if they won't play ball or get hinky about its status.

Stay off the res.
 
sorry, right or wrong, chances are that you will never get it back. a lawyer will cost you much more than the gun is worth and the cop knows it. furthermore, the judge will favor the cop,s judgement.

buy yourself another gun and remember "guns and alcohol DONT mix"
 
Sorry for your loss. They (^) are right, a lawyer costs much ore than a G-17.
 
"A bill of sale is a pretty easy document to reproduce.
Think about it a minute...
That is all I am saying. "
My thoughts too.
 
Do You have a CCW License? If so in some States the Police are responsible to ensure the Firearm is returned in the same condition it was in when taken.
Also if You have to get a Attorney to recover Your Firearm the Police are responsible for all expenses incurred in the recovery of said Weapon.
Being under Federal jurisdiction this may not be accurate info.
 
armoredman said:
Whoops, just realized you were on a res. You might want to just start looking for a new gun. If you're not a tribal member, and you're carrying on tribal lands, you could might have dodged a BIG bullet, as state carry laws run a distant second place on the reservations. Check with a lawyer or Legal Aid, but with reservation PD they might just tell you no dice.
Click to expand...


Yea... you may just want to count your blessings thats all they did.

Carrying... while DUI on an Indian reservation :banghead:
 
I had a holster retention clip fail once when I lived in AZ. Lost my S&W Model 60 up at Sheeps hot springs on the Verde River. Got back to town and reported it lost. Got called the next day and had to do the prove it's yours dance to get it back.

First property is closed for the weekend. Lost it Friday afternoon, Got called by Mesa PD Saturday Morning. You can pick it up here.

Wrong. Wait till Monday, "Prove it's yours 3 copies of sales reciept plus had the original box with the S/N on it." Ok thanks call us tommorow (Tuesday) and you can get it back.

Wrong, "we have to test it to make sure it hasn't been used in a crime since it was out of your possesion..... Call us back in 72 hours!!!"

Called Friday OK come down and fill out the paperwork and you can get it back..

Wrong... Even with my CCW have to wait 3 days to take posesion of it to make sure I'm still elligable to keep my CCW. Call back Next Tuesday to see if we can release it....

Called Tuesday and can't release it because I'd moved and they couldn't resolve the address discrepancie? I'd changed my address on my CCW so whats up with that? Call back again tommorow.... and again tommorrow and again tommorrow.

Now it's the following Tuesday because I ran into a holiday weekend and property is closed on the weekend I showed up and threatened to call my lawyer before they finally released it to me.

What an ordeal... Good luck.

But depending on the nature of your DUI and it's current status you may not be able to retrieve it anyway.
 
I am going to go against the grain here.

Go back and ask to speak to the head LEO, explain that the pistol was confiscated from you by one of his guys.

Ask for YOUR property to be returned to you, or for an explanation of WHY your pistol cant be returned to you.
 
also, even if you had a ccw, in most cases alcohol consumption invalidates a ccw permitt.

you COULD have gotten a carrying a concealed weaapon charge tacked on to your dui.

on the other hand, check with cleo. the officer may not have ever turned in the weapon, especially if he left you no conviscation slip. they do that a lot and personally KEEP your weapon.
 
If this happened on tribal land, as it sounds like it did. Good luck getting it back. You're going to need it. (If you're not a tribal member.)
 
Tribal land is a nation unto itself. Going back after a gun is a good way to get immediate jail time and additional charges.

Have you had a court appearance on the DUI? They may just consider it even - they don't charge you, you forget about the gun. If so, you'll be getting off cheap.

Hard to appeal to a sense of justice and honor to a people who have had a continent stolen fron them by your family - IMHO. We ride through a lot of tribal land on our vacations, and we tread very lightly. It's like being in another country, literally.
 
Get documentation from the PD proving THEY took possession of the gun on whatever day so if it turns up later at a crime scene, you can prove it wasn't in your possession at the time.
 
My Wife got arrested several years ago on a very old outstanding traffic warrent she had no idea existed. Any how, she had her S&W 10-5 on her at the time and was arrested by reservation police in Yuma. They wouldn't release the firearm to me unless I was the owner. So to throw them a curve ball, my Wife told them that I was in fact the owner, and had given it to her to carry for SD. End of story since Az. doesn't require paper work for personal sales of firearms or any other type of documentation, I was able to reclaim it with only a verbal confirmation.

But FYI, the reservation is it's own nation and can keep it indeffinitely if they choose to be jerks about it. If your infraction occured on the reservation you may not ever see that firearm again, since they don't have the same conservative gun laws the state has. My best advice is, you can catch more bee's with honey, so try a soft approach and lots of sincere regret in your tone with them.

GS
 
<<"Tribal land is a nation unto itself.">>
Not true. Indian lands are federal lands. They fall under Federal laws but not State laws.
 
I am going to go against the grain here.

Go back and ask to speak to the head LEO, explain that the pistol was confiscated from you by one of his guys.

Ask for YOUR property to be returned to you, or for an explanation of WHY your pistol cant be returned to you.
Click to expand...

This is good advice. Be polite. Remember if you had not been DUI the incident would not have occurred. Have them explain to you in writing why they cannot give the piece back. Maybe you get it back if not you've lost nothing and heard some that may help.

"A bill of sale is a pretty easy document to reproduce.
Think about it a minute...
That is all I am saying. "
My thoughts too.
Click to expand...

This is exceptionally bad advice. Think about it half a minute.:)

tipoc
 
indian res
Click to expand...

Good luck! You can sue of course (don't report it stolen please) but it will cost you more than a new pistol. Talk it over with a lawyer who'll do a free consult. You can then decide whether you want to spend the money to make a point, or get a new Glock.

Indian lands are federal lands.
Click to expand...

Typically the tribe running the reservation has sovereign status under federal law. So you're dealing with a separate sovereign entity. The inter-relation between state, tribe and fed is incredibly complex, but suffice it to say they do have considerable power.

I'd worry more about the DUI charge if I were you. You don't want some quasi-felony screwing things up for you.
 
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