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Pistol confiscated and police will not return it?

Discussion in 'Legal' started by Ralph III, Jun 2, 2020.

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  1. Kleanbore

    Kleanbore Moderator Staff Member

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    An attorney would tell you that that is a 'business decision".

    I'll tell you that it would be a bad one.
     
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  2. jmorris

    jmorris Member

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    I wonder what is still under investigation. Are they thinking about charging the felon or your buddy that owned the firearm the felon, that lived in the home, was caught with?
     
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  3. 1942bull
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    1942bull Contributing Member

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    If the felon still lives in the same house as the gun owner doesI think it is reasonable to assume that he will not get the gun back unless that living arrangement changes. I suspect it might be difficult to get it back no matter what because the owner allowed the gun to be accessible to a felon, that is he gave access to the gun to a person who was restricted from possessing, owning, buying a gun. In a way the gun owner made the illegal possession possible. So my guess is as Injusy wrote, and my advice is assume the gun has been or will be destroyed or just not returned. As others have written, go buy a new gun and hope that the incident will not reflect in a NICS check or state check.
     
  4. MEHavey

    MEHavey Member

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    That's the bottom line, and one (I imagine) any judge would invoke in denying a writ to return the weapon...
    (especially since the homeowner has already demonstrated conditions in which the felon had access to take the gun in the first place)
     
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  5. bearcreek

    bearcreek Member

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    The OP's buddy should consider himself lucky if they just forget all about him and the gun that he provided a felon access to. Last thing he needs is to draw attention to his crime with a lawsuit.
     
  6. Kleanbore

    Kleanbore Moderator Staff Member

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    That's one reason why trying to pursue the matter would be an exceptionally bad decision.
     
  7. mokin

    mokin Member

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    I've been following this thread for a while. I gotta go with this advice.

    Years ago, when my younger brother didn't have as much sense as he does now, he was busted with a pistol he wasn't supposed to have. Not a good situation. While he ended up spending a night in jail and was charged with felony possession, the handgun disappeared from the evidence room and he ended up being released. It took years to get his record expunged. It also cost much more than the handgun was worth.
     
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  8. whm1974

    whm1974 member

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    He was damn lucky that all that happen to him. The OP's friend should get a safe for his guns and change living arrangements by kicking out his brother in law, if he haven't done so already.
     
  9. ridgerunner1965

    ridgerunner1965 Member

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    years ago my brother ended up living with a guy who turned into a druggie. when they moved into together he was fine.

    anyway in the future a family of skunks moved underneath the house. he asked my dad to borrow his win 1897 pump shotgun.

    long story short, druggie room mate stole it and pawned it my brother found it and called the cops and they got it from the pawn shop.

    now mind yu this was a particualary nice shotgun. my dad went down to the courthouse several times and they blew him off. eventually they gave it back to him but it was in a corner closet in the courthouse, not the evidence room.

    so basically a cop had stole it and then brung it back when the heat was on.
     
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  10. alsaqr

    alsaqr Member

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    The handgun owner allowed his convicted felon brother-in-law access to the weapon: He could have been charged under federal law. IMO: The gun owner should write the incident off to experience and kick the stepson out.
     
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  11. lemaymiami

    lemaymiami Member

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    FYI... I can’t think of anything more likely to get a cop fired than mis-handling an impounded firearm in any squared away police outfit...

    On the other hand, with a career in law enforcement I can also remember too many poorly trained and poorly supervised police departments where bad things happened all too frequently- and that was before being in charge of my outfit’s Internal Affairs ( small department, 100 sworn authorized).

    Don’t miss that world- not one bit.
     
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  12. Stevie-Ray

    Stevie-Ray Member

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    LOL, yeah, and now I'm reading "brother-in-law" as well. C'mon guys, actually read the OP.o_O

    Some have been getting it right, at least.
     
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  13. FlSwampRat

    FlSwampRat Member

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    So with you right there. Don't poke the bear.
    Didn't it occur to the OP's friend that it was a bad idea to have a known felon have access to his guns?
    Gun safe or keep the guns somewhere else.
     
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  14. unspellable

    unspellable Member

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    Legalities and their costs aside, the gun may not be worth getting back. Many years ago a Blackhawk was stolen from me and used in a convenience store hold up. The county held it until the case was closed, about a year. When I got it back I found the property room had ruined it. They used an engraver to engrave all the case details on the revolver and then stored it in a room with a swamp cooler and allowed it to rust.
     
  15. alsaqr

    alsaqr Member

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    My bad. Ok, so it was his convicted felon step son who gained access to the firearm and got caught. The guy is extremely lucky he was not charged with allowing a convicted felon to possess his firearm. IMO: The firearm is a goner.
     
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  16. FlSwampRat

    FlSwampRat Member

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    Yes and yes
     
  17. bdickens

    bdickens Member

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    I, too am in the "let sleeping dogs lie" camp.
     
  18. Riomouse911

    Riomouse911 Member

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    If and that's a BIG if, the statue of limitations for filing a felony case on himself (or the moron who took the gun) is up, have him petition the Court to get the gun back (Contact a local legal aid himself if he doesn't have attorney-fee $$) All the Judge can say is no and explain why in the Court minutes.

    If the statute is NOT up, there's usually one result from kicking that beehive...and it's not Oprah fun; (Imagine: "YOU get a case filed... and YOU get a case filed..." etc.)

    The moral of the story was stated many times, KEEP YOUR GUNS LOCKED UP... especially if there is a ne'er-do-well under the roof. While I feel for the guy, this just may be one of those expensive lessons learned the hard way.

    Stay safe.
     
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  19. Kleanbore

    Kleanbore Moderator Staff Member

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    Frankly, this is another of those things that should not have been posted in public media.
     
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  20. whm1974

    whm1974 member

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    As long as the OP didn't put in any personal details in his Profile like where his full Name and where he lives... He should be fine. And BTW by posting this, new gun owners will learn from the mistakes of others.

    By the Way, all gun owners should get a proper safe for guns and other valuables. Get what you can afford, but relied on a cheap Walmart carry-able Walmart Brinks security box.
     
  21. Kleanbore

    Kleanbore Moderator Staff Member

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    Unfortunately, that does not mean that something will not be entered into evidence.
     
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  22. whm1974

    whm1974 member

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    True, but less likely that troublemakers will show up.
     
  23. GooseGestapo

    GooseGestapo Member

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    First, the agency is ABI, not SBI. (Alabama Bureau of Investigation).
    Two years isn’t a long time for litigation of a felony offense,

    Do contact the agency and inquire as to status of case. If it has been adjudicated, then you MIGHT get the gun back. The gun might have been ordered destroyed by the judge. (Liberal judges do exist in Alabama...)
    It will require a court order to get the gun released. If a charge of “convicted felon in possession of a firearm was placed, the firearm is evidence, and has to be retained as such till case is disposed of.

    In most cases in S.E.US, firearms are sold at auction after cases are disposed. However, they usually aren’t treated kindly by evidence custodians.
     
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  24. bearcreek

    bearcreek Member

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    You need to read through the thread a bit more. The OP is not the one who we're discussing. The person whose situation we're discussing is a friend of the OP's. That person provided a felon ready access to a firearm and the felon was caught with it. In other words, the OP's buddy could probably receive felony charges himself for providing that weapon to a felon. It seems as if he may have gotten away with a felony so far. He should most certainly not contact the agency and remind them of that.
     
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  25. bearcreek

    bearcreek Member

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    First, you should go back and read the first sentence of this thread again. We're not talking about the OP. Second, personal details are not needed. It's all still traceable, unless certain drastic measures are taken, measures that I'm quite confident that no one in this discussion is taking.
     
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