Recovering gun from police

[jimmyraythomason]

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.

I ran into this about 10 years ago in Birmingham,Alabama. I had a .357 revolver stolen from my locked vehicle. Birmingham police responded about an hour after being called. Three officers finally showed and I filled a report. One officer,obviously a veteran of some years, told me as a matter of factly "even if we find it you won't get it back". I asked why and he said "we don't give back guns"! One officer said it,the other two heard it and didn't contradict him,making three officers telling me that Birmingham Police Dept. was going to keep my gun if they found it! He did say I would be contacted to identify it if it was found. As I said this was 10 years ago and I haven't heard from BPD and don't expect to.

 

[Deanimator]

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.

Criminals tend to both be not very bright and to think that everybody ELSE is stupid. And make no mistake, a cop who takes something that doesn't belong to him is just another criminal. How many criminals, in and out of uniform, have you seen commit crimes on video that they either knew or should have known were possibly being recorded?

 

[ThePunisher'sArmory]

Rondog said what I was going to say. They either lost it, some cop took it home, or its a range toy for that PD. Get a lawyer, or go up to the PD every day untill they give it back or tell the truth. I mean it EVERY DAY!

 

[cassandrasdaddy]

if you end up going atf for stolen gun report make sure you send a copy of that letter to your congress critter and enclose a copy of your letter to the congresss critter with the one to the atf send all the above to the local chief with a friendly update letter on where the process stands everything certified return receipt. a copyb to the local mayor or whoever hires/fires cheif heck around here i'd send it to the state cops too just for luck

 

[rtroha]

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.

For those of us that live in Ohio, the police can be forced to eat the legal costs.

(B) If the law enforcement officer does not return the firearm to the person at the termination of the stop or otherwise promptly return the firearm to the person after the seizure of the firearm, if a court finds that a law enforcement officer failed to return the firearm to the person after the person has demanded the return of the firearm from the officer, and if the court orders a law enforcement officer to return the firearm to the person, in addition to any other relief ordered, the court also shall award reasonable costs and attorney’s fees to the person who sought the order to return the firearm.

http://codes.ohio.gov/orc/2923.163

 

[gun guy]

ray didnt have that problem,he was our team leader for a time,san diego police were most upset to find a few items ray had stored in his garage. laws rockets, satchel charges, the odd crates with ak-47's, m-16's, a few thousand round lots of small arms ammo. other odds an ends, couple bloopers, just things a growing boy needs. they took all of it, imagine that. ray was real upset, took him awhile to build his collection, he was proud of it. so ray made a couple calls, something about a friend with a farm in virgina, (he did, odd jobs for the government on the side) he wanted the small arms, returned, torn down an packed in cosmoline so he could reassemble and inspect them. in the end, the only thing they couldnt, or didnt return were the blasting caps, the fire marshal put his foot down on that. everything was brought back within 2 weeks with profound apologies. guess it just depends on who you know

 

[Xelera]

In many cases, crime labs can recover the filed off serial number as well. When the number is stamped into the metal frame, it damages the crystalline structure in the metal below it as well.

Magnetic particle, x-ray, and ultrasound have been shown to work in many cases of this.

Unfortunately, possession of a defaced firearm is a crime, so taking it in to get the number recovered would be like turning yourself in...

God bless this mess...

 

[Bluehawk]

gun guy:

ray didnt have that problem,he was our team leader for a time

What in the world are you talking about???

 

[nyrifleman]

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.

Unfortunately, the answer may be "to sell". I don't know where the OP lives, but that sort of corruption within police forces has been documented time and time again in places like NYC, Boston, Chicago, Detroit and others. Firearms and drugs confiscated as evidence find their way back to the streets.

 

[Sky]

Thats probably what they are counting on (lawyer will exceed the cost and trouble of buying a new gun)! It seems honor and doing what is fair and right just ain't the modus operandi anymore. Must have started with Cain or Able naw had to be a woman involved lets blame Lilluth! Hope you get your gun back or someone swings from the yard arm!

 

[DaisyCutter]

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!

It happens all the time, to anyone involved in a shooting.

My friend shot a cop killer in February. He still hasn't gotten his $3500 SBR AR15 back. I went to the academy him, and we graduated in the same class. He was on duty, in full uniform, driving a marked patrol car when teh pursuit ended and the shootout started.

[sarcasm]The cops are totally jerking him around.[/sarcasm]

Frankly, the rifle did it's job.



If the time limit to file charges expires, or the case ageny closes the case without filing charges, then you'll get the firearm back.

As long as the case is open, they aren't going to release the evidence. It's that simple.

 

[Art Eatman]

Anecdotes and vents...Enough.