Cleared by a grand jury, 92-year-old Jack Hands wants his guns back(TX)

chron.com ^ | 20 March, 2012 | Cindy George

[marktwain]

A few years ago, when Jack Hands was just 90 years old, he fatally shot a much-younger man who threatened him during an altercation in his northeast Houston home. Two weapons involved in the 2010 incident were confiscated by authorities.

A Harris County grand jury reviewed the case and cleared the World War II-era veteran last September of one count of murder and a possession of a prohibited weapon charge.

Now the retired security guard wants his guns back. He’s particularly attached to the heirloom shotgun, which he says he carried growing up in Georgia.

Officials with the Houston Police Department property room told The Houston Advocate that they hold what they’re given and release what they’ve got with the proper paperwork, usually after a case is closed by conviction or a grand jury no-bill.

It appears that if state law was followed in this case, a judge should have ordered the weapons returned to Hands because they could have been destroyed by now. Hands was cleared by grand jurors reporting to 184th District Court Judge Jan Crocker.

According to the Texas Code of Criminal Procedure, Article 18.19(c):

[marktwain]

This is a recurring problem. Police have been propagandized for decades not to return firearms to their owners. In some places, it takes thousands of dollars to get a court to order them to return firearms which may be worth a couple of hundred dollars.

[RightOnline]

Thieves in uniform.

[Leep]

Yep, sometimes its hard to tell who is on your side these days.

[Wings-n-Wind]

Thieves in uniform.

**********

THE MERE FILING & SERVING the HPD...
--With a federal civil rights complaint and poposed court order (2nd Amendment-among others) should balance the scales...

Justa thought...

[catman67]

Happened to my son in Peoples Republic of Montgomery County, MD. Police wouldn’t return his guns unless he provided a letter from a Doctor attesting that he was
“not a threat to himself or others”. He was given 30 days to get it.

He was never arrested nor convicted of anything.

[Joe the Pimpernel]

Sorry, Jack, your guns are in the collection of one of our men in blue, now.

You wouldn't want any more trouble now, would you?

[TangoLimaSierra]

...and a possession of a prohibited weapon charge.

What kind of 'prohibited weapon'?

[thulldud]

What kind of 'prohibited weapon'?

One that works.

[deport]

Some conflicting stories regarding the weapons involved. The pistol should meet return requirements without any problems with a judges release form.

The other is an old shotgun with a sawed off barrel which maybe less than 18 inches thus illegal under Texas statutes. Or that is how I read other stories on this.

http://blog.chron.com/advocate/2012/03/da-police-chief-to-discuss-jack-hands-guns/

snip
According to Houston Police Department spokesman John Cannon, who checked with the HPD homicide detective who investigated the shooting, the older weapon is believed to be a Springfield shotgun and has a barrel shorter than 18 inches – which amounts to a prohibited weapon under Texas law. That’s why the grand jury considered a possession of a prohibited weapon charge in addition to one count of murder against Hands.

“It does not have a serial number and appeared to be many, many years old,” Cannon said, adding that the other gun, a .44-caliber revolver, has a make, model and serial number on it.

That means the revolver can be returned if a judge signs a motion to restore property.

Releasing the older weapon will take a similar motion with an additional showing that the shotgun was manufactured prior to 1899 or is a replica of a shotgun made before 1899.

Authorities must determine if the gun is more than a 110 years old or was made to look like a century-old weapon.

end snip

[rawcatslyentist]

>"What kind of 'prohibited weapon'?"

One they wanted.

[DH]

Good luck fella!

I’ll bet that your gun is not there any longer. I would bet that someone of importance politically has it in his personal collection now.

Furthermore, when they find it missing they will all become instantly lobotomized and remember nothing about it or where it went.

[Buckeye McFrog]

the nuns in grade school saved me from having Jack Hands...

[An American!]

The bad news is that even in an simple reported Accidental Discharge they want take your primary means of defense away. The main thing I see is, that once taken, the police cannot issue out evidence that is in an active investigation. Until a case is closed (i.e. a jury of your peers says you are innocent or the DA drops all charges), you won’t even be able to get a life-saving respirator back, let alone a firearm.
So is there any advice on how to get back property? And any advice on preventing them from rounding up all other guns in your home not involved in the shooting?

[STD]

I'm batting 500. I lost a Colt Mustang 380 to the boys in blue in 1983. I got a Ruger 357 returned with both holster and all five rounds, this fall from the County Prosecutor.

We need to allow everybody to open carry, until they demonstrate they can't be trusted with the responsibility. BTW, the moment they demonstrate they can't be trusted they're breathing their last breath.

[marktwain]

Thanks for the local information. It is much appreciated.

[longtermmemmory]

No property should be disposed of unil the end of the case.

This just opens the door to abuse. Arrest for any reason and then confiscate the items and a big tough luck to the non-police / non-crony citizen.