Who do we need to talk to?

[Kuyong_Chuin]

Years ago our house in Missouri was broken into and most of our guns were stolen. The only ones they didn't get were the once that were not in the gun cabinet. The police were called and took a report and wrote down the serial numbers of the stolen guns. They did not try to get any prints off the cabinet even though the prints were clearly visible on the glass because "it was too dusty" (the house is on a dirt road so no keeping dust out). We, not the police found out who took them and who he sold them to. The guy that has them tried to pawn three of them not to long ago and the police have them. Thing is they tell my Dad that we can have the rest of the guns and the ones recovered and they will go get them if we pay them $500. Who do we need to talk to to not only get our guns back but get the locals to do their job and arrest not only the guy that stole the guns but the guy that has them since he knew he were stolen and he is in possession of stolen guns without having to pay $500 for our own guns? BTW the gun s crossed state lines too.

 

[Art Eatman]

I'd start with a local lawyer who knows the ins and outs of local politics and the PD.

 

[Arkansas Paul]

Yeah speak with a local attorney.
Most answers here would merely be guesses. Even if you found and attorney on here with knowledge of the subject, the laws in his state wouldn't necessarily apply in your situation in your state.

 

[tyeo098]

Sounds like extortion.

 

[AlexanderA]

The problem with this line of thinking is that hiring the attorney would likely cost more than $500. I'd just suck it up and pay the police the $500 that they want. (How do they justify this?)

Actually, the people to complain to are your local elected representatives. Every police department has elected superiors.

 

[Schwing]

If I am understanding you correctly, it is an individual, not police who currently is in possession of your guns?

If this is correct, it should be as simple as making a call to the police. I do not understand why they are trying to charge you if they are currently in possession of all of them or even some of them.

It can be a misdemeanor or a felony depending on the circumstances. If the person KNOWS that the items were stolen, they can very likely be charged with a felony if the total value of the items is over $500. Most states will not pursue felony charges if the items are worth less than that. Personally, I would not use this as leverage to try and get them back. I would just call the police, let them know who has the stolen guns and let them recover them for you. If the police are trying to charge you for this, this is inappropriate and needs to be pursued by going up the chain to the police chief. If you get no response at that point, I would even consider a call to the ATF.

I am not a lawyer. I just read a lot so I am not providing any kind of legal advice here, just my opinion.

 

[denton]

Title never passes on stolen goods. Wherever those guns are, they are still yours. If they were sold, the person who sold them did not have title to them and the buyer is probably just out whatever he paid for them.

I'm no attorney, but I think my first move would be to go to law enforcement where the guns are now located and see about filing a complaint against the guy who now has them. It is possible that a deputy showing up on his doorstep, asking where he got the guns, and taking the guns into evidence would solve the problem.

 

[MedWheeler]

Thing is they tell my Dad that we can have the rest of the guns and the ones recovered and they will go get them if we pay them $500. Who do we need to talk to to not only get our guns back but get the locals to do their job and arrest not only the guy that stole the guns but the guy that has them since he knew he were stolen and he is in possession of stolen guns without having to pay $500 for our own guns?

Your story is unclear. Are you saying the PD has three of the guns, and a private individual has "the rest"? If so, why isn't the PD releasing at least the three they have? What exactly are they telling you?

Who is demanding the $500 payment? The individual(s) caught with the recovered three guns? The police?

 

[Field Tester]

Yeah I don't think we're getting all the details here.

 

[WestKentucky]

When a family member stole my grandfathers guns as he laid dying in the hospital, the guns were pawned. When reported to the police, the guns were located almost immediately. The police dept put them on a "held" status at the pawn shop and instructed my grandmother to either press charges or pay the pawnshop what they had in the guns. My grandmother didn't have the money but didn't want my (literally) crack whore cousin to go to jail and lose her kids so I found my wad from mowing yards and went to grandmas the day after the funeral. For 227 dollars I got 5 of my grandpas guns. We were told that if she had chosen to press charges the guns would have gone into evidence until after a trial at which point they would be returned.

If the police want money it's extortion. If the current "owner" wants money call cops and wear a wire when you go buy your guns back.

 

[RPRNY]

1) a local attorney who deals in criminal law - to represent you (understand you don't want to pay the attorney, but you need the advice, counsel and local navigation skills)
2) The State's Attorney General's Office (to investigate and put pressure on the local cops)
3) A television or print journalist (to get your story on record in case things go pear shaped)

 

[callenlee]

If it is the police demanding the money perhaps a call to the TBI it's in order? Hope you are able to recover your stolen goods. Years ago our storage unit was broken into and several personal items were taken. I have never seen any of them since.

 

[Kuyong_Chuin]

Your story is unclear. Are you saying the PD has three of the guns, and a private individual has "the rest"? If so, why isn't the PD releasing at least the three they have? What exactly are they telling you?

Who is demanding the $500 payment? The individual(s) caught with the recovered three guns? The police?

It is the police that want the $500. They recovered the three the guy tried to pawn and the rest are still at his house if he has not got rid of them by now. They did not say why they wanted the $500. The guy that stole them is still lives in S.E. Mo, the guy he sold them to is his step father and he lives in western Kentucky and we now live in Tennessee so three states involved here. The guns are worth allot more than $500. We don't even know which three were recovered. The guns that were stolen included a match pair of colt walkers with ivory grips that has a colt symbol carved in the grips that is inlaid with 24 carrot gold, a A.H. Fox 12 gauge double barrel shotgun that my Great Grandfather bought in the 30's for my Grandfather, a JC Higgins bolt action 12 gauge model 583, Marlin model 60 with a 2x7x20 scope, two 30-30 model 94 Winchester rifles both scoped with 3x9x32 scopes, 50 cal Hawkins Hunter muzzleloader scoped with a 4 x 32 scope, Savage 22/410 over and under rifle/shotgun combo, and a couple of single shot 22 rifles that I can't remember the brand and model of the top of my head right now that used to belong to my Grandfather one of which was give to him by the old country star String Bean that used to coon hunt with my Grandfather allot before he was killed and his wife were killed. I just think that charging us for our own guns is just wrong and since the local cops are no help just want to know if we should contact the FBI or the ATF for help.

 

[Arkansas Paul]

^ With guns like that, I'd cough up the $500 (assuming I could afford it), and then see about whether or not the police department had a right to charge it. You can always come back to that if there's something shady going on, I would assume anyway.

 

[NavyLCDR]

I just think that charging us for our own guns is just wrong and since the local cops are no help just want to know if we should contact the FBI or the ATF for help.

First, I would suggest getting a lawyer to file a request for a Writ of Mandamus with the local court. That is basically a court order for the police department to release your guns to you, and if the police want to charge $500, they will have to explain it to the judge. If you can prove to the judge's satisfaction that the police forced you into filing for the Writ of Mandamus, your legal expenses can be ordered to be reimbursed by the city/county.

Second, it is the FBI you would contact:
http://www.fbi.gov/about-us/investigate/civilrights/color_of_law

"depravation of property"

 

[swiftak]

County Attorney. State Attorneys General?

 

[Schwing]

If it were me, I would escalate this to either the ATF or your state attorney general. There is NO reason the police should hold your guns with a fee attached. They can be held as evidence but, since there is obviously no one under arrest, there is no reason for them to be held.

 

[Spats McGee]

It is the police that want the $500. They recovered the three the guy tried to pawn and the rest are still at his house if he has not got rid of them by now. They did not say why they wanted the $500. The guy that stole them is still lives in S.E. Mo, the guy he sold them to is his step father and he lives in western Kentucky and we now live in Tennessee so three states involved here . . . .

(emphasis mine)

Consider calling the FBI and the US Attorney's Office, since it's interstate.

 

[Charlie Horse]

I've dealt with this kind of bureaucratic jackassery before, and I'll offer some free advice.

A. Send a registered letter to whomever you spoke with and ask them why they want the $500.00. Be polite, but do what you can to get them to tell you why they are unwilling to return your property to you until you pay them.

B. I didn't see which kind of LEA this is exactly. A police dept will respond to an inquiry from someone like a city councilman, a sheriff\deputy from a county commissioner, but you get the idea. Armed with a copy of the letter you sent, the return receipt, and hopefully their response, you have evidence that you talked to them and can verify both accounts of what's happening.

C. If you should go to a lawyer, the letters, receipt and such would go a long way towards getting him\her to solving your problem.

D. If you go up the LE ladder to, say a state agency (TBI), or Federal (FBI, ATF), it would also help to have the documentation of what they (locals) said. Legwork takes time and the more you do up front, the sooner you see results.

I hope you get to the bottom of this one. Very curious...

 

[Kuyong_Chuin]

I've dealt with this kind of bureaucratic jackassery before, and I'll offer some free advice.

A. Send a registered letter to whomever you spoke with and ask them why they want the $500.00. Be polite, but do what you can to get them to tell you why they are unwilling to return your property to you until you pay them.

B. I didn't see which kind of LEA this is exactly. A police dept will respond to an inquiry from someone like a city councilman, a sheriff\deputy from a county commissioner, but you get the idea. Armed with a copy of the letter you sent, the return receipt, and hopefully their response, you have evidence that you talked to them and can verify both accounts of what's happening.

C. If you should go to a lawyer, the letters, receipt and such would go a long way towards getting him\her to solving your problem.

D. If you go up the LE ladder to, say a state agency (TBI), or Federal (FBI, ATF), it would also help to have the documentation of what they (locals) said. Legwork takes time and the more you do up front, the sooner you see results.

I hope you get to the bottom of this one. Very curious...

Thank you guys, I will pass all this on to Dad since he is handling it on our end.

 

[larryh1108]

If the local PD are strapped for cash, the $500 could be for dealing with 2 other states, time for travel, gas and needed paperwork. It may just be them trying to cover expenses because of all the extra time and effort needed to cross into 2 other states. If you wait too much longer, they may end up in the bottom of a lake or somewhere else, never to be found again. It may sound fishy but sometimes it a simple answer. Of course, the local sheriff may be trying to get some extra cash because he knows you're in a bind.

 

[Art Eatman]

Kuyong Chuin, it wouldn't hurt to have an update when appropriate, if you care to.