Stolen pistol recovered but not returned

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blue_ridge

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A buddy of mine had his home broken into. A pistol was stolen and like any good citizen, he reported it stolen. A couple months later the pistol was recovered from a homicide and he was notified. The police are telling him because it was involved in a homicide the pistol will not be returned to him and more than likely it will be destroyed.

Is this legal? It seems wrong to me that they can disregard the fact that this pistol is his property and should be returned. I would understand if they required him to pick it up in person or pay to have it shipped to an FFL or some other procedure to keep things respectable. But to simply dismiss his ownership of the gun because of what happened to it after it left his possession does not seem right to me.

If a car is stolen and used in a hit and run, you get your car back AND you have to pay for any repairs etc. Why wouldn't it be the same with any other personal property?
 
To get any sort of answer more than just mindless speculation, we need to know more--like location of the theft, location of the homicide, which state, authorities involved, etc., etc.

Jim H.
 
State laws vary but generally evidence used in a homicide has to be kept in evidence until the appeals process is exhausted. This would include any requests for a new trial based on whatever. If the guy gets life, that's how long the pistol will be in evidence.

Is this legal?

It's just as legal as if you are a material witness to a major crime and there is a chance you may disappear because you're afraid of retribution bt the defendants you can be legally jailed to make sure you don't go anywhere. Not done often but it is done.
 
This type of "seizure" question has been asked many times here...it depends on State statute.

We can only address it in generalities and common sense without more. In my area the rightful owner has first rights to anything seized that is not illegal in and of itself....UNCLAIMED firearms are destroyed after a year.
 
Thanks. The weapon resided in Wisconsin and was used in an Illinois Homicide. So I'm guessing Illinois is probably one of the worst states regarding individual gun rights. Any further information would be appreciated and I will pass along to my buddy any advice on how he should proceed in hopes of someday getting his gun back.
 
I think GRIZZ22 has the right answer in this particular case. The fact that it is evidence in a homocide case makes it different than just a recovered stolen gun.
 
The police are telling him because it was involved in a homicide the pistol will not be returned to him and more than likely it will be destroyed.
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It would seem that the police (which ever department that might be) are not saying that they must continue to hold the gun as evidence, but simply that they have no intention of returning it, and plan to destroy it. Clearly if they plan to do this in the near future it cannot be used as evidence later.

I would suggest that the gun's owner, or an attorney representing him, contact the law enforcement agency in question and requset additional information concerning they're intentions and justification for whatever they might be - and request a reply in writing. Then decide what to do next.
 
or an attorney representing him
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than you end up paying for the gun twice and get back (maybe) an abused item

chalk it up to the cost of living.

kinda like having your parked car hit & run and it cost you the deductible.
ain't fair, but.......
 
It wouldn't cost much to get an attorney to write a letter, but later legal action probably would. The letter would put the police agency on notice that they would have to explain their actions and intentions or they might get more trouble then they expected. Now if we are talking about Chicago it's obvious that a letter wouldn't get anywhere - but the reply might give the lawyers that are trying to overturn the handgun law in Chicago and get the 2nd Amendment incorporated some additional ammunition. :evil:
 
I don't know about his insurance, will ask. I wonder if the NRA would write a letter, since he is a member. Seems this type of thing might be interesting for the NRA to get involved in, not only to protect their member's rights, but also to investigate whether certain government agencies are abusing their power.
 
Lawyers and the NRA not withstanding. If a guilty verdict is reached in the homocide trial and especially in a state that still has the death penalty,this handgun is "evidence" and will remain so until after all appeals are exhausted.
 
2nd lesson - life happens. Have insurance. Somebody stole my car about 15 years ago. All my pals were like "Dude, aren't you freaked? Man that was a new car", bla bla bla. I was like, "Nope, I got insurance." No I wasn't made whole, but that's the life happens part.
 
Again, depends on the State, but the PD's don't decide what to do arbitrarily in my zone....the back of the "seized property" form has a spot for the judge to determine what happens.

Your bud can call the court that has dealt with the case and stake his claim to the property.
 
Evidence is evidence and cannot be released until the case is closed regardless of state. After THAT a judge (and state law)determines disposition.
 
Thanks everyone for all the good info. I believe he most likely will never see the gun again. I also agree that life happens and sometimes you have to take what you can get and move on. But, I also think, that as law abiding citizens, we should always inquire about these matters, pursue them thoroughly and hold government accountable for every action. If everyone who loses property due to theft, makes sure the property is properly accounted for and returned, when possible, to its rightful owner, then I think government agencies will be much less likely to tread all over our rights. (as they have done so many times before) Thanks again.
 
Even if they let you come get it, they'd just arrest you for having a illegal weapon in IL on your way home. /Sarcasm
 
guy around my town got his house broken into an AK valued at around $3,500 was one of the items stolen, the police that siezed it carved an evidence # in the reciever with a pen knife. Makes a great shooter/field grade gun now.
 
So I'm guessing Illinois is probably one of the worst states regarding individual gun rights.
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Illinois firearm laws are very restrictive.

I live in Illinois, and we have to apply to get a Firearm Owner's Identification Card (FOID). That lets us legally buy and own firearms. It's relatively cheap, and it's good for 10 years, but basically it's designed to let the state of Illinois know who is eligible or who actually does (legally) own firearms. It's also a revenue stream, moreso after they recently raised the fees. Was $5, now it's $10. You also need a FOID card for muzzleloading and blackpowder guns.

There is no concealed carry in Illinois, nor is open carry allowed.

The city of Chicago maintains it's ban on handguns. With recent gun crime statistics in Chicago, you'll easily see how effectively that's helping keep the city safe.

Recent legislation was in the works to allow for concealed carry, but was tabled due to a commission of Chicago politicians.

It's not very gun friendly here in Illinois. But we have some beautiful land to shoot on, when you've got some friends and someone with some land :)
 
Your friend needs to try and get an answer on what will happen to the firearm from someone higher up the ladder than the cop at the front desk who may not really know the procedure or will lie to you hoping you will go away. Chief of Police, Sheriff, or District Attorney. Get it in writing and if you don't like their answer try to verify with the State Attorney General Office on legality. Having two states involved may complicate things. At least then he will have enough information to decide whether to go on. As far as insurance goes I only know of one instance of stolen arms returned to owner and the insurance agent didn't want the guns or money back, case was closed.
 
The sad part is that you can be in the right and they can be in the wrong but it will cost you much more to recover it than the gun is worth. Lawyers ain't cheap.
Maybe your friend should contact his state representative. Couldn't hurt and it's free.
 
I used to work in a police impound lot. in the lot was a 1976 Datsun that was evidence in an unsolved homicide case from the late 70's. That car will sit there until it rusts to nothing or the killer stands trial.
 
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