I want my gun back. How?

Status
Not open for further replies.
F

firesafety3

Member
Joined
Sep 9, 2004
Messages
211
Location
Louisiana
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 would think as the victim of a crime they'd be a little nicer to you. I would ask for their supervisor and explain the issue, and that you want the information to protect you property rights. To me, it sounds as though these guys have forgotten who they work for. Getting a case number and the necessary info to assist you in recover efforts is not a unreasonable demand. I really don't buy the, "you'll get a notice", line.

I do wonder if your rifle will be tied up longer if the BG appeals.
 
Might not hurt to call an attorney who deals with Federal courts and ask their opinion. Probably you are out of luck, but sometimes you get jerked around when people don't want to give you stuff.

[edit]Nevermind I see that you do have an attorney.
 
Appreciate the comments, guys. There's one thing that concerns me, word is that the local PD and chief have really taken a direct effort to "rid the streets of guns" and this type of weapon is exactly the style targeted.

I just hope they put the same effort into returning the guns to their rightful owners.

I'm not even sure what shape the gun is in or how it is being stored, but I'm sure it's none of my business. :scrutiny:

Just a little concered that they feel a little victory in ridding the poor public from an obviously evil weapon.

I've got a call in to my attorney right now. I'll post any noteworthy developments.
 
The anecdotal evidence I've come across suggests that perseverance is the key to getting your arms returned to you.

That, and a lawyer.
 
I would suggest getting some type of receipt stating that they have your property. I would really hate to see your gun lost in the shuffle. A close friend of mine had his gun snatched by a local cop and was never able to get it back. A police officer spotted him with the gun and took him downtown for having a concealed weapon. After they ran his personal information they decided that the gun was NOT concealed and he was free to go. He was told to come back later and get his gun from the clerk or something. When he did his gun couldn’t be found and they were going to look for it and call him. That was 3 years ago, they still haven’t found it.
 
Firesafety,

I just went through this myself, so I can give you the actual scoop.

My pistol was stolen a few years back out of my truck, and recovered by the FBI a few months later.

Initially I was told it would take roughly 6 months to a year, and they would need to hold the pistol as evidence.

The good news? I got the pistol back. Bad news? It took about 3 years before I recieved it.

They had arrested a bunch of people in connection with the raid the FBI did on them, but from what I heard, only one was charged with possesion of the stolen firearm. He ofcourse was the last one of the group to go to court, and thats when the fun really began. The guy they arrested decided to go to court to argue against the search being legal, he lost that battle, but they had to push back the court dates because of it. He then waited till the last minute to make a plea deal, and then I had to wait while they sentanced him.

And after sentancing, I had to wait another 60 to wait out all possible appeals.

It's very frustrating, trust me, I know, but it does take time.

My advice would be to go get another AR-15, enjoy it, and call the Police once every 6 months or so to get an update. Also, try to create a repore with one of the officers, if possible, to create a little sympathy. Fortunatly for me, the FBI agent I dealt with was very easy going and willing to help me out.

I.G.B.
 
My attorney suggested the same thing Poe 9999 did. I just hung up with the "Evidence Department" at the police department. They're going to do a little research and call me back. I did request a receipt for evidence. If I can't get that in the next week, there may be problems.

Guess I'll start shopping ARs and hope for the best somewhere down the line.
 
that is a &$^%$&^* outrage

I would sue the dept for loss of property and legel fees. They clowns are worse than the bad guys.......I dont have standards for BG's.
 
Pointless approach

"I would sue the dept for loss of property and legel [sic] fees. They [sic] clowns are worse than the bad guys.......I dont have standards for BG's."

Fact: The gun is now evidence in a criminal prosecution.

Fact: Evidence must be retained until the trial is over and the appeal period has lapsed w/o an appeal being taken, or the resolution of the appeal.

Conclusion: Specious accusations and temper tantrums will accomplish nothing, other than making the accuser look ridiculous. Document that the PD has recovered your property; that it has acknowledged that fact; and that you have notified them that you were and are the legal owner of stolen property and expect same returned upon the conclusion of the case.
 
I am suprised about the inability of using photographs. I don't think that is a federal court rule. If the bad guys are only charged with the drugs, etc...then a photograph of the rifle will work. The feds may just be blowing you off. However, if they charged the bad guys with a gun crime (ie: Possession of Dangerous Weapon by a Restricted Person), then they would need the actual weapon. In many cases the defense will stipulate to a photograph...but it still may need to be retained for the appeal.
See if there is a federal equivelant to a Victims of Crime Reparations agency. Many states have such agencies that will reimburse victims. Good luck.
 
About 10 yrs ago, I had a revolver stolen in a burglary. It was recovered a couple days later having been used in a/suicide/playaround shooting. Kid, in front of his buddies, apparently spun the cylinder, put it to his head and pulled the trigger. Apparently a case of thinning the gene pool. I was sorry for the kid's family, but not for him.

I was informed of the same 6 mo to year time frame. I called about once a month, was treated pretty well, civil answers, etc. As I 'member, it took about 6-8 months for the PD to clear all their questions. I got it back, full of fingerprint dust and blood. Took me a couple hours to get it clean and sanitized.

Now, I have a safe, and all are in it, less I'm using one.
 
I'm not even sure what shape the gun is in or how it is being stored,
Click to expand...
For your sake I hope it's not stored in the PD basement directly under the leaky pipes, and that they didn't decide to use an electric pencil to engrave the case number on the upper, the lower, the barrel, the stock, etc.
 
I think I would put a personal appearance to the police department.

If they are not your home police department, I think I would request that my police ask for the return of the weapon to them. Then they can give it back to you.

I worked with a guy at Brinks who rode his motorcycle 700+ miles to LA. Where he was hit by a car. The LA Police Department ended up with the weapon while he was transported to the hospital. Although he had a valid CCW he could not get his weapon back. They just ran him all over LA from one police building to another. Finally a sargent told him he would never get his gun back, they were just playing with him. The only way he would ever see it again was to go home and have his home town police department request it. Sure enough, the Eureka Police Department had his weapon back to him just, two weeks from the date he asked them to request it from the LA Police Department.
 
Tory said:
Fact: The gun is now evidence in a criminal prosecution.

Fact: Evidence must be retained until the trial is over and the appeal period has lapsed w/o an appeal being taken, or the resolution of the appeal
Click to expand...

What's strange though is if your car is stolen and the bad guy is caught with your car, isn't the car now going to be evidence in a criminal prosecution? I'm pretty sure that stolen cars which have been recovered don't take 3 years to get returned to the owner, or do they?

I just don't understand the big difference between a stolen gun and stolen car. They are both stolen property and if found should be immediately returned to the rightful owner.
 
What's strange though is if your car is stolen and the bad guy is caught with your car, isn't the car now going to be evidence in a criminal prosecution? I'm pretty sure that stolen cars which have been recovered don't take 3 years to get returned to the owner, or do they?

I just don't understand the big difference between a stolen gun and stolen car. They are both stolen property and if found should be immediately returned to the rightful owner.
Click to expand...
It's not the difference in the gun and the car, it's the difference in the fact that this gun is being held in a federal case.
 
Since you are dealing with a Federal Agency....call/write your congresscritter. Their staffer will contact the DOJ, and it will work it's way down to the folks who have your rifle. "Congressional interest" correspondence/inquiries take a number 1 priority within the executive branch. You will get answers, and the folks who have your rifle will know that big brother is watching them...they will make sure that you get your property back as soon as possible (they may actually be telling the truth about needing it for evidence) so that they can report back up their chain that the congressperson's concerns have been addressed/satisfied. This is especially effective if your representative happens to be a prominent congressperson, or sits on an oversight/appropriation committee that effects the agency involved.

Best of all, it's free!

Since the anthrax incidents with snail mail, I'd recommend sending an email.
 
Before you get down on your local PD let me tell you a story. A resident of my town had his AK stolen. Several months later it showed up in a pawn shop about 300 miles away. The PD in that town found out that it had been stolen and that a felon gang banger type had just pawned it. They took it and attempted prosecuting the felon. A large three letter federal agency became involved and requested jurisdiction on the prosecution of the felon due to the firearms issue. The locals deferred prosecution and the feds took over. The rifle was retained at the city PD evidence area during the proceeding. The feds sat on the case for two years and didn't file. I received a call from the other city evidence tech wanting to get rid of the rifle. He said he couldn't give it to the owner until the feds released the rifle. I called the investigating federal agent and asked the case status. He said it was with the US Attorney and out of his hands. I waited a few months and called again. He informed me that "it's not your case and I don't have to talk to you about a piece of s--t rifle." The original burglary actually was our case and I took more than a little offense at his attitude. I next called the US Attorney's office and asked the status of the case. They informed me the case had been declined by them over two years prior and it had been a "dead" case for all that time. I wrote a letter to the Special Agent in Charge of the office involved and relayed my concerns. After a few months and receiving no response I contacted our victim and suggested that he contact our pro-gun congressman. He did and a few weeks later the other PD called him and told him to pick up his rifle.

I'm not suggesting starting with a call to your federal representative but be patient and try to follow the case. Contact the prosecuting agency and request information from them and make it clear you are a crime victim with stolen property you would like returned as soon as the case is adjudicated or resolved. Try to get case numbers and court numbers if charging documents are filed. You can then see if the case is pending court action or if it is dismissed or whatever. If charges are filed, and the rifle is needed as evidence, it may be a couple of years before you get it back.
 
Personally, I've had more luck dealing with government bureaucracies by asking exactly one person in the agency and then calling in the big dogs. Most bureaucrats don't understand a polite request for anything. They understand major pressure being applied to their fundaments.

It's like watching various DA's offices. They'll have some guy up on minor charges and he gets some hole in the wall defense attorney. If anything, that just stokes the DA's office to a high heat. Easy meat. On the other hand, the guy who's facing minor charges and hires the best criminal attorney in the region..the DA's office either drops charges or offers a good plea bargain...fast.
 
Status
Not open for further replies.
Back
Top