recovery of stolen weapons from police

[bondmid003]

In your case these guns sound like antiques which are most likely irreplaceable but with most insurance companies you can take out a 'floater' to insure your guns in case they are stolen. Not trying to state the obvious but that could solve your problem in the future

 

[Deanimator]

I'm not surprised that this is taking a long time. I once owned a pistol that I traded to a friend. A year or two later he tried to trade that in on another firearm in a gun store. They checked it through NCIC and it came back as stolen 12 years ago from another state. We were able to trace ownership of that pistol back through about five people who had it before I did, but no one in the sheriff's department that originally listed it in NCIC as stolen was interested in those names. That's because the Sheriff's department who entered it as stolen into the NCIC system 12 years ago had a newly elected sheriff "clean house" by destroying all the old records.

I had a similar situation about twenty years ago.

I bought a Colt Official Police from a well known store between Ft. Knox and Louisville while I was stationed at Knox. I later traded it to another store in part payment for something else (don't even recall what).

Jump forward a few years. I'm living in the Cleveland area when I get a letter from the second gunstore, via the Army Locator Service. Turns out the gun I traded to them had been stolen in California about ten years before I bought it. The BATF traced the gun back to the store, and wanted to know where I'd gotten it. I called the store and told them that I'd bought it on a 4473 from the other store. End of story and I never heard from the BATF.

 

[Pack]

Dealing with local cops may be a whole different ball of wax, depending on the department, or even a few individuals.

I had a gun stolen out of my truck. I called the city PD, and an officer came out, drew his weapon and searched a nearby abandoned building known to be frequented by the homeless. He then took a report.

Over a year later, the FBI was kicking in doors in another part of town in connection with a major drug ring. The kingpin of the little affair apparently had my 45 in his nightstand.

An FBI agent comes knocking on my door, wanting to know how a gun registered to me ended up in the hands of the grand pooh-bah crack dealer. The local PD had never put the gun's information, which I gave them several times including the serial number, into the system.

I truly never expected the gun would be found (which the cops told me is very often the case), but thankfully, I hang onto paperwork of all kinds and had the carbon copy of the initial police report, listing the weapon's information and the fact that it was stolen.

The agent said they were going to use the gun as evidence - the combination of the gun charges (posession by a felon and possession of a stolen weapon) with the drug charges would put him away for that much longer.

After another year, the same agent came to my home and handed me my gun back. It was a little worse for the wear, with drug boy clearly having simply tucked it in his pants (a solid stainless gun had what I'd call considerable surface rust on the left side of the frame, particularly around the grip safety), and the Feds did keep the two 13rd mags worth of Hydra-Shoks (at today's prices, I'd have wept), but I got my gun back without any real hassle and really without having to ask for it.

 

[coyotehitman]

Is the trial and appeals process still going on for the criminals who stole them? If so you may want to contact the states attorney and ask if he can get defense council to agree to the use of photographs of the recovered weapons as evidence. We did this quite often around here. It saves storage space at the PD and gives the rightful owner his property back.

If the case and the appeals process is still going on and they won't agree to accept photographs as evidence there probably won't be anything you can do until the entire legal process is complete. Unfortunately, that can take years.

+1

When you reported the incident, did you care how long it took the police to find the guns? Yesterday (or last year) your guns were stolen and gone forever, today they are in storage and you will most likely get them back, be patient with the folks who made that possible, even if it seems like it is taking too long.

 

[akodo]

When you reported the incident, did you care how long it took the police to find the guns? Yesterday (or last year) your guns were stolen and gone forever, today they are in storage and you will most likely get them back, be patient with the folks who made that possible, even if it seems like it is taking too long.

B.S.

The cops told him they 'don't give back guns'

That is total BS and whatever officer lied to him in that manner needs to be reprimanded on two facts. #1 guns are not bad just because someone other than the police have them. #2 just because you are the police your words do not become law, and you cannot keep stuff that is not yours.

 

[chuckusaret]

You dont need a lawyer and cops could care less about your guns..The assistant State Attorney IS your lawyer...

IMO this is the way to go and if you get no results then get an attorney.

 

[Rellian]

I was told by a Judge that cops are quite often the WORST authorities on Law. The Cop who told you they don't give them back was full of it. I sympathize with your plight, but if the guns are indeed worth the hassle fight it. If nothing else it may make that cop think twice before dispensing the B.S

 

[t165]

In Indiana, State Statute deals with the collection/seizure of firearms as evidence and the ultimate disposition of firearms after legal proceedings...or lack thereof. I would think all states would have legistaled laws dealing with firearm matters.

That being said some PD's and Sheriff Department's may not follow the law to the letter. Property/evidence has been known to disappear out of storage. Knox County, Indiana just had a court case where the prosecutor/sheriff fought the county council over whether they had to hand over records of evidence seized and the ultimate disposition of that evidence. The county council lost at the local level but the local judge was overturned by the Appeals Court and the records were ordered made available. This story isn't over yet...it will be interesting!

And a local FFL had some handguns stolen 4-5 weeks ago. The ATF was called and the case turned over to him. The handguns have been stored in the local PD's evidence room. The FFL holder asked the ATF Agent if he would get his handguns back. The Agent told him if he had any problems after Due process has run its course then he would make sure the firearms were returned to him.

 

[coyotehitman]

The cops told him they 'don't give back guns'

That is total BS and whatever officer lied to him in that manner needs to be reprimanded on two facts.

#1 guns are not bad just because someone other than the police have them.

Where is any of this stated in the OP?

#2 just because you are the police your words do not become law, and you cannot keep stuff that is not yours.

Yes they do and yes they can, just depends on the circumstances.

akodo, I am not sure I follow you. Are you referring to the OP or one of the tangent posts here?

I was told by a Judge that cops are quite often the WORST authorities on Law.

LOL, must have been a probate judge.

 

[wabrams]

LOL, must have been a probate judge.

heard circuit court judges say the same thing.

 

[coyotehitman]

I am not saying one is better versed than the other, BUT: PO's make split second decisions daily, judges "take matters under advisement" often.

 

[mljdeckard]

If you want to get clarification on the law, ask the attorney general's office, NOT a cop. Don't believe me? Find four different cops and ask them the same question. You will get four different answers. Hate it all you want, it's still true.

I agree with the first responder, if they said the 'state attorney' hasn't released them yet, you probably need to get it from the horse's mouth. I'm fairly certain you will find that the horse is being misrepresented. The state has reasonable cause to hold evidence of a crime until the case is disposed of. After that, it's a matter of YOU forcing the agency to follow their own procedures to get your property back to you.