I want my gun back. How?

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Let's just throw in my 2 cents worth. I've prosecuted lots of gun cases. And, I've talked to many jurors about those cases. And, I can tell you that I will always keep the actual gun for evidence at a trial, and not rely on a photograph if I have the option. Think about it, which is the better evidence to convict some BG of a gun crime...a photo or the actual gun. There is nothing better than walking around holding the gun while doing closing argument.

That said, I have also personally arranged for every legitimate gun owner/victim to get his gun back as soon as possible.

While we're on this topic, what often amazes me is the large number of guns we see in criminal activity that have no report of being stolen, but are clearly not legitimately owned by the BG on trial. Crack head with no employment does not have the money to pay for a Kimber 1911 at a legit dealer.

If a gun is lost or stolen, report it. Please.
 
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'm afraid Tory is right. I've had this same experience as a Prosecutor. The victim called me all the time, cussed me out on the phone (and in person), he called my boss (the elected DA) and threatened to sue, etc.
Bottom line: I had two choices. I could keep his gun until the case was over (took over a year) or I could give him his gun back...and dismiss the case, letting a violent offender off scot-free (He'd shot at an old man during an attempted robbery, and he had three previous armed robbery convictions).
I kept the gun, tried the case, sent the crook off to prison for 15 years, then I took a photo of the gun and put it in the clerk's file (had to get judge's permission to substitute the photo for the real gun in the record).
Only then could I give the victim his gun (a Taurus .357 revolver he used to hunt deer with).
Anyway, since its a federal case, I would also contact the feds (the agent and the assistant us attorney) to make sure they know you exist and you want your gun back. Call them every 2-3 mos so they'll remember you and in case there is a personnel change so the new guy(s) will know you.
Good luck, and sorry for your inconvenience.
-David
 
are you a NRA member? claim the $1000 firearm insurance for being a NRA member. do it on the 3 handguns, keep on working with the PD and if you can get your ar back great. I would buy another ar and if you do get it back than clean it up and sell it, may have a history that is not the greatest. with that you may be able to replace a missing handgun or 2.
 
A family friend of mine had his house in broken into and his Ruger mk 2 was stolen. The police later recovered the gun, and informed him that after 3 months he would get it back because they needed it for evidence. 3 months later, he called the local police, and they claimed they had no record of the gun he was talking about. He truthfully said "that might very well be, but I am a professional trapper, and if I don't get my gun back in 48 hours, I have already aranged with my lawyer to sue your department for the price of a new gun and lost wages". About 8 hours later, he got a call from an officer who explained that they had found his gun after all. He later became friends with an officer who told him a fellow cop had taken it from the evidence figuring nobody would miss it, and that this happens frequently in their department and many others. Police departments keep very good paper work on evidence, and the only way your guns could "get lost in the shuffle" is if someone intentionaly did something with them. My advice is be clear and downright aggressive on the phone, and threaten to sue if you think you are being hassled. That is the only way I know of to make them take you seriously.
 
I suggest you forget email and telephone, and start a "paper trail". Write, or have your lawyer write, to the department involved, and provide your information and request a status report. Get any case numbers and names of officers or prosecutors involved, and start a file.

It IS going to take a while. I agree with buy another one and be patient.
 
He later became friends with an officer who told him a fellow cop had taken it from the evidence figuring nobody would miss it, and that this happens frequently in their department and many others. Police departments keep very good paper work on evidence, and the only way your guns could "get lost in the shuffle" is if someone intentionaly did something with them. My advice is be clear and downright aggressive on the phone, and threaten to sue if you think you are being hassled. That is the only way I know of to make them take you seriously.
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I suspect this happens in a lot of departments.

An acquaintance of mine is an FFL-holder in Washington State. His father, who has an extensive collection of long guns, lives in Columbus Ohio.

According to my acquaintance, his father was going through a nasty divorce a few years ago, and his father asked a local LEO if the police department could hold on to his guns until the trial was over. The department happily took his guns.

After the trial the father asked for his guns back. The department told him the guns were destroyed. The department claimed it was their policy. His father was bummed.

Anyway, my acquaintance didn't know anything about this situation until he went to visit his father a couple years later. "Hey dad! Mind if I check out your .30-06?" His father told him the story, and my acquaintance became steaming mad. My acquaintance got a lawyer and had him send a letter to the department.

As it turns out the guns were not destroyed; they were being "stored" in the homes of three LEOs. :cuss: His father eventually got all his guns back.
 
If it's held in evidence, it awaits the trial's outcome as well as the appeal process before it can be released. Chain-of-custody situation as explained above. Best Evidence Rule also comes to mind but is secondary to the CoC issue. No evidence, no case and the BG goes free. Do you really want the criminal to go unpunished?

Now, as to the three LEOs who kept private guns that were recovered from a burglary in their homes, that seems rather improper to me and the practice by that agency should be scrutinized by a higher authority. In tort, it's called, "conversion" which is a substantial interferrence with the chattel (personal property) of another. The remedy is a forced sale for reasonable price of the item.
 
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