Skip to comments.(NEED HELP!) Advice needed from the FR Banglist/Lawyer Community
Posted on 07/19/2014 3:57:42 PM PDT by Red in Blue PA
Several years ago, we had a burglary and guns were stolen from our house. About a year ago, one of them turned up on a thug, who was reaching for it in his waistband and subsequently was tasered by the police before he was able to use it one them. In the end, the gun helped to put him away, but even with priors (including a shooting about 10 years back) he only received a sentence of 3 ½ to 7 years from our pathetic justice system.
Fast forward to the present. I was informed that I could get my gun (property) back one month after he was sentenced just in case he appealed the case. A month went by from the time he was sentenced, and I tried to get the gun. No help from the DAs office or the police. In fact, I was informed by the police that before I would get my gun back, they were going to do a background check on ME! On the owner of the gun!!!!! WTF kind of system is this?
So I have been waiting now for approximately two months over the time when I was told I could get the gun back. He was sentenced in April, so I was told I could get the gun back June 1st. Apparently the officer who was involved in the case has to sign something to release the gun (not even sure why that should be required), but now that officer and the police are being sued by this thug and so the gun is not being released by their attorney (the attorney for the city)! It is my understanding that only the criminal case is what matters; whether the officer or the police are being sued in a civil case should have no bearing on the release of my gun.
Who should I contact to expedite this? I have sent too many emails and phone calls as it is. I am fed up. It is my property and they should not be able to keep it past the time they are supposed to. My local legislator is worthless as he is antigun and only got into office because he was unopposed.
If anyone has a contact number of someone at the NRA who could help, please Freepmail me, or if there are any attorneys with any ideas please let me know.
In my opinion, if you do not get your property back within one week of the time you should, there should be monetary penalties to those throwing up roadblocks. Luckily for me, it is not my only gun. Bu if that was all I could afford, these people would be leaving my family at the mercy of the vermin walking the streets. I cannot describe how I feel about the people involved in this process.
This is simply a criminal system.
Forgot to ad, the gun only has an MSRP of $329, so hiring an attorney is out of the question.
You aren’t going to get that gun back FRiend. If you do it would be a miracle.
THIS and all the dog shootings is people hate cops.
If you’re a cop, then please understand why I hate you, ok?
I mean that there are causes and effects.
When cops treat good people like criminals, then some and eventually all good people will treat cops like criminals.
Please understand why only cops will be your friends, ok cops?
Cuz you’re criminals.
They have it, it was almost used against an boy in blue. It will be lost/fall through the cracks. I bet you anything they tell you it gets lost. It was used in a crime, they can keep it locked up forever. If they can give YOU A BACKGROUND check for YOUR PROPERTY. They can do whatever they want.
I would contact the NRA. For starters. If you’re really serious about getting it back.
What PD is this?
I had a problem last year where a pistol of mine was taken by law enforcement (I’ll tell you about it privately if you wish). All I had to do was provide the original purchasing paperwork (”Application/Record of Sale” SP 4-113 (8-2007)) and they cracked the safe open and gave me the weapon right then and there, even the ammo. I do however have a CCP and rendered that when I showed up to pick up my weapon so maybe that helped?
If it ever does show up, it will be a rusted mess.
Send the cops and the DA a registered letter demanding the return of your property or a written statement giving their Statutory authority for refusing to do so. On the bottom of that letter put a cc: to a local attorney. Pick one out of the phone book or from a google search.
Don’t actually send a copy to the referenced attorney, just make the cops and the DA think you did.
Give them 30 days to respond. If they don’t sue them in small claims court for the value of the gun. Make sure you save a copy of the letter and the receipt from both the cops and the DA to show the judge.
That may make them cough it up. If they don’t you’ll at least get your money.
I don’t know your state, but here’s a sample statute.
“Art. 47.01a. RESTORATION WHEN NO TRIAL IS PENDING. (a) If a criminal action relating to allegedly stolen property is not pending, a district judge, county court judge, statutory county court judge, or justice of the peace having jurisdiction as a magistrate in the county in which the property is held or a municipal judge having jurisdiction as a magistrate in the municipality in which the property is being held may hold a hearing to determine the right to possession of the property, upon the petition of an interested person, a county, a city, or the state. Jurisdiction under this section is based solely on jurisdiction as a criminal magistrate under this code and not jurisdiction as a civil court. The court shall:
(1) order the property delivered to whoever has the superior right to possession, without conditions; or
(2) on the filing of a written motion before trial by an attorney representing the state, order the property delivered to whoever has the superior right to possession, subject to the condition that the property be made available to the prosecuting authority should it be needed in future prosecutions; or
(3) order the property awarded to the custody of the peace officer, pending resolution of criminal investigations regarding the property.
(b) If it is shown in a hearing that probable cause exists to believe that the property was acquired by theft or by another manner that makes its acquisition an offense and that the identity of the actual owner of the property cannot be determined, the court shall order the peace officer to:
(1) deliver the property to a government agency for official purposes;
(2) deliver the property to a person authorized by Article 18.17 of this code to receive and dispose of the property; or
(3) destroy the property.
(c) At a hearing under Subsection (a) of this article, any interested person may present evidence showing that the property was not acquired by theft or another offense or that the person is entitled to possess the property. At the hearing, hearsay evidence is admissible.
(d) Venue for a hearing under this article is in any justice, county, statutory county, or district court in the county in which the property is seized or in any municipal court in any municipality in which the property is seized, except that the court may transfer venue to a court in another county on the motion of any interested party.”
Call your Justice Center or whatever it’s called and nicely ask/plead with a deputy clerk in a circuit/district court to see if they can give you a push/help you get started with a pro se (one prepared w/o a lawyer) petition. Your county may have a web site with sample forms. Maybe you can cobble something together and get a judge to order return of the gun to you.
Bookmarking for home.
If the perp is suing the cops, the gun might be evidence in the civil case. Most likely the Civil Case will be put on hold until the perp gets out of prison. That could be a very long time.
Just write it off as a tax deduction and buy a new gun. Either that or put it in your will and let your grand children deal with it.
Who informed you that you could get the gun back? Was this in writting?
I had had a similar issue, but nothing in writting. I bugged them regularly for 18 months and eventually did get the gun back.
I have a Property Item ID # from the police and the DA’s office informed me I would be getting the gun back, as did the police department.
I had a Colt revolver stolen from my pickup in Norfolk, VA. I had NRA insurance and collected the value of the gun.
Maybe 5 years later I was living in Kansas and my old supervisor phoned and told me the cops in Norfolk had recovered my gun. I phoned them and within a week I had it back. They shipped it to the local Garden City, KS PD and they simply gave it to me when they got it.
I guess all cops aren’t bad.
You wont get the gun back without a court order, which will take a lawyer.
The gun will sit in the back room for a while and then either be sold, melted down, or taken home by a cop.
I wouldn’t even want it back... You don’t know how many people were murdered with it.