recovered stolen rifle! What to do now?

Status
Not open for further replies.

squinty

Member
Joined
Dec 25, 2006
Messages
175
I had a shotgun and two rifles stolen from me during a break-in August 2008. Last February a man tried to pawn one of those rifles, and got arrested. He has an alibi for the day of the actual burglary, and he claimed to have bought the rifle from some other guy, who was questioned but never charged with anything.

Here's some of that story:
(http://www.thehighroad.org/showthread.php?t=393694&page=2)

Last Friday, I finally got one of the rifles back from the PD, long after the case was disposed of, and only after months and months of diligently pestering the police and the DA's office.

I'm glad to have the 10/22 back, but I noticed a few interesting things about it:

The police in the evidence room normally secure semiautomatic guns with plastic zip strips threaded up through the magazine well and out the ejection port, blocking both mag insertion and bolt closing. That wasn't the case with my rifle. It still had a magazine (empty!) in place, with an unfastened plastic zip strip pushed up inside the chamber, barely sticking out past the bolt, with another strip fastened to the end of the first strip to make a loop. I didn't need to cut the strip to remove it, just pull it out of the chamber, which I did.

The entire stainless steel gun was black with fingerprint powder - barrel, action, stock, everything - but the clear plastic magazine was clean except for some grease.

In that grease, clear as day, is a beautifully preserved fingerprint.

I suspect they didn't know how to remove the magazine, and so didn't bother printing it.

It may be my fingerprint from when I took the mag out but I think not (I was careful when I removed it), and it may be a print belonging to the guy who tried to pawn my rifle - they already got him - but it may also be a print from the original thief, who was never caught, or someone else involved who may or may not lead me back to the other guns stolen from me.

I'm tempted to take the gun back to PD and politely ask if they dusted the magazine or not, but:
1) they may not want to admit they didn't, or take offense at my asking.
2) it took almost a year to get the rifle back in the first place, they may decide to put it back into evidence and who knows how long they'd keep it then. I want the thief (thieves) caught and punished but I also want to keep my .22!

What, fellow highroaders, should I do?
 
Since it was released to your control, they aren't likely to take it back, since it could be anyone's print on the gun after giving it to you. What I'm saying is, say they lift the print and get a match, that proves nothing other than someone handled the gun in the last year, to include after the point of release to you.

I'm glad you got your rifle back, as that's not a common ending to a story like yours. My recommendation - just keep it and be satisfied. If you have any doubts, call the PD and ask what course of action they'd recommend.
 
Congrats on getting it back!

As for that print, personally I'd call the PD about it, have a laugh at whoever did the work, and offer to let them print the magazine as long as they leave the rifle with you.

A magazine's easy to replace, and you may not have to jump through so many hoops to actually get it back.

Anyway, I'm also betting the zip-tie used as a chamber plug is for the same reason the mag's clean--they couldn't figure out how to get it out.
 
I want the thief (thieves) caught and punished but I also want to keep my .22!

I guess pick one then. Which do you want more?

But did the PD dust your house and get any prints at the time of the break-in?
Why not just call up and ask to speak to a detective that might handle the case and take the magazine alone to them?
 
Keep it. Your "help" will be unappreciated no matter how you present it. I would get a new barrel, bolt or both for it and keep the old one.
 
I would walk away at this point, happy that you at least got one of your weapons back. A majority of people never see their weapons again. I would not jeopardize losing it again. Things happen and evidence can disappear from an evidence room.



NCsmitty
 
The rifle is now out of the "chain of custody". Even if that is the fingerprint of the thief, it's no longer admissible in court.

Keep it, clean it, and enjoy having it back. ;)
 
titan i wish i could say you were paranoid but in todays world you are not. mores the pity. on a side note you know how many crimes that casing nonsense has solved in maryland so far?
 
Hell it's only a 10/22, you should do the high road deal and talk to the investigating offcer and convey your consearn's regarding the obvious print on the magazine. And let them make the call
 
My understanding is that once potential evidense is outside police control, it will not be admissable in court as it may have been altered. I run into this sometimes in doing my job. So, wipe the rifle off and shoot it.
 
I wouldn't worry about the casings matching anything else. You reported it stolen, and if something DID happen, no jury in the world would convict you of something that happened in the time frame it was out of your possession.
 
You are very lucky to get one weapon back. My neighbor had 21 guns stolen from his house in 1999. The bad guys were caught with 6 of the 21 guns in 2000, and given one year and one day and both are now out of jail. My neighbor is still trying to get the 6 recovered guns. I believe the guns, all high dollar shotguns, have been long gone from the evidence room and have been sold.
 
Chain of custody

While the fingerprint could not be used in court it would identify the individual and could lead to other info that could be used trough inevitable discovery.
 
My agency used to insist we scratch our initials into the gun to prove we had initial possession of it when the arrest was made.

If you got yours back relatively unscathed you did OK.
 
you are correct

it also dropped in state handgun sales to 400 when typical sales woulda been in excess of 17000.
 
you are correct

it also dropped in state handgun sales to 400 when typical sales woulda been in excess of 17000.

You just hit on the real reason it was enacted.
 
Status
Not open for further replies.
Back
Top