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Recovering gun from police

Discussion in 'Legal' started by Xoudus, Aug 2, 2010.

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  1. Xoudus

    Xoudus Member

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    I was involved in a self defense shooting about a year ago no charges were filed. After calling to see when I could reclaim my gun I was told they were holding it "incase new evidence came up". I could understand this a few months after the incident but a year? Are they just jerking my chain or do I need to get lawyers involved and all the legal whatnots.

    Any help is greatly appreciated!
     
  2. Jefpainthorse

    Jefpainthorse Member

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    Sounds like your lawyer needs to write a letter........
     
  3. gbran

    gbran Member

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    How much is the gun worth?

    BTW, my ex wife shot/killed her boyfriend with my revolver. No charges were filed. I bugged the sheriffs office regularily and the gun was returned to me in a little over a year.
     
  4. rondog

    rondog Member

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    Yeah, I'd say you're getting jerked around.
     
  5. Gouranga

    Gouranga Member

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    One thing to try. Get an appt with the chief. Chat with him on it. Explain (calmly and respectfully) how you are given no other option but legal action against the department and how you would prefer to not take that route.

    It may do nothing for ya, it may just expedite things. Simple fact is, they took your property, you were not charged. I can't see how they have any right to keep your property for more than a year. My bet, they lost it.
     
  6. rondog

    rondog Member

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    Yeah, as in "lost" it into somebody's gun safe.
     
  7. Guns and more

    Guns and more member

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    All the more reason to make them squirm. If that's possible.
     
  8. Black Knight

    Black Knight Member

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    I am with Gouranga somewhat. Do get an appointment with the police chief and discuss the matter with him. Do not mention legal action as most chiefs will immediately clam up and hurry you out the door. Wait one week after you have discussed it with the chief and give him a polite telephone call to jog his memory. If this fails have your attorney contact a judge and get a court order from the judge to release your personal property forthwith in the same condition it was seized. Then have the court order served to the police chief (personally) by a deputy sheriff or other court officer.

    If they claim it has been lost, fine tell the chief you are going to contact the State Police as well as the ATF and file a stolen firearm report. Let the chief know your are willing to prosecute the person who stole it. Lets see how fast they "find" it after that.
     
  9. ConstitutionCowboy

    ConstitutionCowboy member

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    What is your city/town, county, and state?

    Woody
     
  10. Oyeboten

    Oyeboten Member

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    Some state laws mandate that any property in police custody for more than six months, becomes the property of the state, and will be sold at auction or other venue.

    Keeping property ( or other supposed 'evidence' ) more than 'six months' then, in those contexts, is a bureaucratic maneuver, and a way for a state to make money by selling the property.
     
  11. Bluehawk

    Bluehawk Member

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    You are correct...if the case is over they have no right to keep it...I seriously doubt they lost the firearm...evidence today is recorded so meticulously it it would almost have to be "lost" on purpose!!!!!
    Many police agencies have a "policy" on not returning firearms but that doesn't make it legal...they do it because they feel they can...and do...get away with it.
    Sometimes a face-to-face chat with the Chief can do wonders...if not, then a lawyer certainly can do the trick!
    If you do go in and speak with the Chief (make an appointment) go in with a positive attitude...smiling...be cheerful...respectful but not submissive. Many are happy to get a chance to have contact with the ordinary citizens of their city or town...something they usually don't get a chance to do. All they normally come into contact with is their officers and politicians!!!!!!
    When you do talk with him don't be long winded...briefly state his dept has your firearm in which the case is closed and you would like it back. Do NOT say..."yer guys won't give it back to me".. and put him on the defensive.
    He will either state his depts policy or ask why or who said you can't have it back and then the ball is rolling...he will most likely ask to see the report AND the person who told you that you can't have it back!!!!!!
    In any event just sit and listen to what he has to say...do NOT argue with him nor get defensive if he says it won't be returned. Simply be cordial...stand up...shake his hand...thank him for his time and leave...THEN call a lawyer!!!!!!!!
    How do I know all this? I have been on both sides of this fence...both as a citizen and as a police officer.
     
  12. stchman

    stchman Member

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    I've heard it can take up to 2 years. Moral of the story get a cheap gun, make sure you can shoot it well, make sure it's reliable, and use that one.
     
  13. snubbies

    snubbies Member

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    Exactly

    Black Knight has the solution perfectly. Threatening would never work.
     
  14. Bluehawk

    Bluehawk Member

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    Normally...by law...that's only after the police have made certain steps to contact the legal owner at their last known mailing address...usually by certified mail! They have to give the owner notice of destruction or a chance to reclaim their property.
     
  15. Deltaboy1984

    Deltaboy1984 Member

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    Call and Visit the Chief and if they don't play nice sic the Lawyer on them. :D
     
  16. Joe Demko

    Joe Demko Member

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    Unless it is a pretty expensive gun, it won't take too many billable hours to exceed the price of just buying a new one.
     
  17. Ryder

    Ryder Member

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    Only way I know of to get a gun back from the police is with a judges order. Worked for me :D

    And yes, needed a lawyer to speak to the judge for me. Perhaps a friend of the court or a magistrate could do that? They will speak to you.
     
  18. Shadow 7D

    Shadow 7D Member

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    Contact your local NRA, 2nd amendment task force, city counsel man, the first can help you find a local lawyer to help you, the latter can get you an appointment with the chief.
     
  19. Impureclient

    Impureclient Member

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    Yikes...I was just about to make a post on what happens when you are involved in a self defense shooting and they confiscate the gun for evidence and noticed this right at the top.
    I guess this answers my question. Now the "range only" and "safequeen" gun make sense to me now.
     
  20. bigfatdave

    bigfatdave Member

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    And don't give them a pass if your gun comes back borked.

    Sometimes you do it because it is right, not because it is practical.
    Personally, I may be obligated to fund the police via my taxes because of a social contract, but I'm not obligated to let them confiscate things at will like a teacher taking away a naughty child's toy. The man had a defensive incident so clear-cut that it resulted in no charges for a year, any evidince that could be collected has been or at least they had their chance ... he should be able to walk in and take his private property out with no questions asked.

    Hell, if I was getting jerked around, I'd get a sleazy lawyer, make a sign, write up a bill for rental hours on the gun, and make it my hobby to camp in front of the station to tell the entire community about the theft of my property.

    What's a handgungun rental run these days, about $8/hour?
     
  21. Deanimator

    Deanimator Member

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    If you have to sue to get it back, sue for damages as well. At that point, they've both deprived you of your property and caused you to incur quantifiable expenses to get it back due to their tortious act of wrongful taking.

    And if it's "missing", DEFINITELY contact the BATFE. Who knows what OTHER firearms have gone "missing" and to where? I have no respect for the BATFE, but they're just as happy to bend other LEOs over the desk as they are you. They've got the documented track record to prove it. Make that work for you. If they're illegally diverting guns, make them pay a price for it, even only in worry.

    As far as evidence not going missing, guns, drugs and a lot of other things have regularly gone "missing" from Chicago PD facilities. Regularly enough for it to make the papers.
     
  22. doc2rn

    doc2rn Member

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    Happened to me out of state, had to defend myself and they seized my weapon as evidence in Ohio. Got my CCW back since they didnt recognize it from the DAs office in my home state. He is waiting on a response for the return of my weapon.
     
  23. Guns and more

    Guns and more member

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    That just encourages bad behavior.
    Yep. Although I don't know why a cop would want a "throw down" gun that has been entered into evidence, unless he wipes out the serial number.
     
  24. FlaChef

    FlaChef Member

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    city, county, or state of the OP?
    If it is someplace like Boston Mass. (has a history of doing this) or other it will make a difference (skip trying to get the police chief and go right to the NRA for a lawyer who will work cheap for the publicity and/or bill/sue the wrongful party for legal expenses).
     
  25. Joe Demko

    Joe Demko Member

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    Though it may "encourage bad behavior" there is also economic reality. Lawyers, good ones anyway, don't come cheap. I have a family to support and darned little in the way of extra money lying around that I can spend on discouraging bad behavior. I suspect that I am not the only member here who meets that description. The facile advice to lawyer up might mean more if you were also going to kick in a few bucks to defray his legal fees. You were planning on doing that, right? Otherwise you might be encouraging bad behavior.
     
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