Over a year now since my home was broken into. 3 pistols, 2 long guns and some tools were stolen. Suspects were caught in posession of my guns 2 weeks after the theft. After several calls to the local police department that recovered my items, I was told that the states attorney will not release the weapons. I have been to court one time and was told I would be notified as to the disposition of everything. No response from anyone. These weapons are collector pieces that go back to WW2 and Vietnam, and are, or maybe were, in pristine condition when I had them. I am afraid that the longer they are in police posession the more beat up they will become. Does anyone know what my rights are concerning the return of my property and how to go about it without antagonizing the local authorities.
recovery of stolen weapons from police
- Thread starter Frank W
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Thomas Garrett
Member
What state? And have you contacted the States Attorney's office? Another thing can you or have you got the Police's documented evidence #'s on your property. Another thing is do you know if your firearm's were used in another felony? The evidence #'s may change. That's why there maybe a hold-up on you getting them back. You can trace them.
RoadkingLarry
Member
Depends on your state. You need a lawyer.
Thomas Garrett
Member
FrankW, PS. Welcome to THR.
jimmyraythomason
Member
I was told(by a Birmingham police officer) that my stolen handgun would not be returned to me even if it was recovered because " we don't return guns".
Thomas Garrett
Member
Wrong answer. Check for a written policy. It's you property. There is a way to receive them back. Contact your States Attorney's office on that one. Alternative, right them off your taxes. Maybe?
BCCL
Member
Unless it's being held as evidence in an ongoing case, they have no choice. A local PD tried that with a friend, and he went to court and the judge explained to them right quick that they were to hand over his property NOW.
Like BCCL said, unless it's evidence in another case (such as murder or armed robbery), then it's YOUR property.
I do believe this would fall under your 4a rights. unreasonable seizures
They have to have reasonable and objective grounds to detain your property and obtain a valid warrant. If they do not have a valid warrant, then by law, they must return your property.
Correct me if im wrong
I do believe this would fall under your 4a rights. unreasonable seizures
They have to have reasonable and objective grounds to detain your property and obtain a valid warrant. If they do not have a valid warrant, then by law, they must return your property.
Correct me if im wrong
Erich
Member
The way to have this resolved quickly is to have your attorney call both the attorney who represents the police department and the prosecutor. These public servants understand what they're doing and don't want anything ugly about their failings loudly announced in media coverage of a suit to clear up incorrect police actions. Everything can be worked out properly.
If you don't have an attorney and are not willing to spring for one, you could try calling the city/county attorney and the prosecutor yourself, but as a mere citizen/victim you will likely get more of a runaround before you actually get through and are able to speak to these worthies. Telling the receptionist the words "I wanted to try calling [the attorney] before I called the papers about my grandfather's antique collection being stolen by the police," might help speed things up. Politicians and political appointees like things quiet and happy.
Hey, here's a thought: does your state have any sort of victims' rights law? If so, your prosecutor probably has a designated victims' rights advocate (what those of us in the biz refer to as a "kleenex lady"). If so, that's another person you might try contacting. She can get you through to the lawyer who will have to instruct the cop to give you back your danged stuff already.
If you don't have an attorney and are not willing to spring for one, you could try calling the city/county attorney and the prosecutor yourself, but as a mere citizen/victim you will likely get more of a runaround before you actually get through and are able to speak to these worthies. Telling the receptionist the words "I wanted to try calling [the attorney] before I called the papers about my grandfather's antique collection being stolen by the police," might help speed things up. Politicians and political appointees like things quiet and happy.
Hey, here's a thought: does your state have any sort of victims' rights law? If so, your prosecutor probably has a designated victims' rights advocate (what those of us in the biz refer to as a "kleenex lady"). If so, that's another person you might try contacting. She can get you through to the lawyer who will have to instruct the cop to give you back your danged stuff already.
Thomas Garrett
Member
I agree with BCCL, To date, i don't think any state has a (stolen firearm) no-return policy. But there is one exception that comes to mind. Some states may have a "Felony-Murder" exception. Which means if "your" stolen (first case) firearm is used in a "felony-Murder (second case) it can be destroyed. Just thinking.
Dark Skies
Member
Can you not get an attorney (gratis) on this via the NRA? I'd have thought this was something they must handle a lot. If you're not already a member they're currently giving a year's free membership.
Our (UK) NRA would get on this for one of their members and I'm sure the USA equivalent would too.
Our (UK) NRA would get on this for one of their members and I'm sure the USA equivalent would too.
If you happen to have a local ACLU that supports 2A and 4A rights, you might contact them. They may have attorneys available to assist you.
Luckily, the Nevada ACLU is very pro-gun since Heller. I have their number saved in my phone... just in case. I'd have the NRA saved too but I don't know which of their phone numbers I need.
Luckily, the Nevada ACLU is very pro-gun since Heller. I have their number saved in my phone... just in case. I'd have the NRA saved too but I don't know which of their phone numbers I need.
jimmyraythomason
Member
Not to highjack the OP's thread but..
This isn't state policy but rather city policy (or an officer pulling my chain), Birmingham,Al. Since it is approaching 10 years with no word from the PD,I have to assume that either my gun hasn't been recovered OR the officer was telling the truth.
This isn't state policy but rather city policy (or an officer pulling my chain), Birmingham,Al. Since it is approaching 10 years with no word from the PD,I have to assume that either my gun hasn't been recovered OR the officer was telling the truth.
BCCL
Member
Or his bluff worked.
My buddy heard that same thing form his PD, "we don't release guns back unto the street", but that was just their made up policy, which is not a law. He got a court order for them to return it, and they claimed they lost the court order after he left, so he had to get a second one, and then they claimed it could only be released by the evidence custodian (another lie), and every time he went by, that particular office was "busy/on patrol/off duty" for 3 weeks.
In the end, he sat at home with one of my police scanners, and waited until he heard the office begin his shift and say he was enroute to the PD, and jumped in his car with the court order, and "ambushed" him in the lobby of the PD.
They made him sit almost an hour, but eventually coughed up his pistol.
My buddy heard that same thing form his PD, "we don't release guns back unto the street", but that was just their made up policy, which is not a law. He got a court order for them to return it, and they claimed they lost the court order after he left, so he had to get a second one, and then they claimed it could only be released by the evidence custodian (another lie), and every time he went by, that particular office was "busy/on patrol/off duty" for 3 weeks.
In the end, he sat at home with one of my police scanners, and waited until he heard the office begin his shift and say he was enroute to the PD, and jumped in his car with the court order, and "ambushed" him in the lobby of the PD.
They made him sit almost an hour, but eventually coughed up his pistol.
Thomas Garrett
Member
BCCL, unbelievable. I guess one of the LEO's had their eye's on it. Internal "department" auctions? What? 
They don't do that.
They don't do that.
Sebastian the Ibis
Member
1. Get an order that whomever has your gun return it to you.
2. Get a rule to show cause why whomever has it should not be held in contempt by the court for failing to comply with a court order.
3. You will get the gun on the courthouse steps minutes before the hearing.
Simple in theory, but you probably need a lawyer to draft everything correctly.
2. Get a rule to show cause why whomever has it should not be held in contempt by the court for failing to comply with a court order.
3. You will get the gun on the courthouse steps minutes before the hearing.
Simple in theory, but you probably need a lawyer to draft everything correctly.
You dont need a lawyer and cops could care less about your guns..The assistant State Attorney IS your lawyer...Call the Detective who made the arrest and see who the defendant is and WHO is prosecuting the case and ask for the telephone number...Call the SAO and give the person answering the phone for that assistant State Attorney name and ask the disposition of your weapons..Odds are the dirtbags public defender has has the case continued for all this time...YOUR guns are EVIDENCE, no GUNS, NO BURGLARY, just a trespass. You can demand your guns back and they will just drop the case without evidence to prosecute. But you need to follow up, your is one case out of thousands..They don't keep your folder on their desk..Call them and they will get the folder and give you a case status...If you listen to all the wanna be lawyers here you wont get anywhere...(Threaten to sue the State Attorneys Office for a million dollars, what a hoot !!!!)
Years ago I had a car stereo, cassettes, etc stolen from my car in Clarksville TN. The police caught the guys, recovered the stereo in their car, and some other stolen property. They told me the stuff was in evidence for trial.
Later (months) I called to check on it and was told that they didnt have it ready to be picked up. Months later I recieved a call from a member of the department saying that she went to pull the stuff for return to me and it was gone. I called on the following day to inquire and was treated very rudely by another member of the department and they hung up on me. I asked one more time how the stereo disappeared from evidence, they told me to get lost and wouldnt answer the question with no explanation.
But at that time I knew they werent the top of the business.
Of course it wasnt worth pushing the subject on these things.
Keep on the disposition of the items, every step along the way. Then be prepared if you have to get a lawyer.
I hope your guns are returned and in good shape.
Later (months) I called to check on it and was told that they didnt have it ready to be picked up. Months later I recieved a call from a member of the department saying that she went to pull the stuff for return to me and it was gone. I called on the following day to inquire and was treated very rudely by another member of the department and they hung up on me. I asked one more time how the stereo disappeared from evidence, they told me to get lost and wouldnt answer the question with no explanation.
But at that time I knew they werent the top of the business.
Of course it wasnt worth pushing the subject on these things.
Keep on the disposition of the items, every step along the way. Then be prepared if you have to get a lawyer.
I hope your guns are returned and in good shape.
Some of this is probably urban myth that's getting repeated year after year, but I'm sure there are some individuals in PD's that have stolen things...bad business. Most states have pretty descriptive rules regarding the destruction of firearms after a period of being unclaimed...document your efforts to retrieve your items in the event that they get turned into a manhole cover.
The bottom line is to get a copy of the police report, it will have an evidence page of some sort that lists the owner, s/n, description... go to the prosecutors office and determine if the case is disposed of yet. If it's active they will likely hold it until the conclusion, it it's closed the judge is supposed to order property returned to its owner. We don't have a policy of "not" giving back anything that is legal and I really can't see anyone not wanting to give something back to the rightful owner...get the appropriate paper from the judge and let us know what happens.
I'm talking in general terms as far as the "paper" goes. If you stop at your local PD they will be able to tell you what the official state seizure form is in your state. If it's like mine, one copy goes with the evidence, one to the property officer, and the rest of the property goes to the court. The paper lists the accused and the owners name. On ours there's a disposition block that the judge fills out...destroy, return to owner.
There's an evidence log at the PD that establishes "chain of custody", this is handled seriously and is not some joke where other cops go in and fondle the gun collection. If you don't get an answer that makes sense, speak with a supervisor. Doesn't help? Go see the city manager.
The bottom line is to get a copy of the police report, it will have an evidence page of some sort that lists the owner, s/n, description... go to the prosecutors office and determine if the case is disposed of yet. If it's active they will likely hold it until the conclusion, it it's closed the judge is supposed to order property returned to its owner. We don't have a policy of "not" giving back anything that is legal and I really can't see anyone not wanting to give something back to the rightful owner...get the appropriate paper from the judge and let us know what happens.
I'm talking in general terms as far as the "paper" goes. If you stop at your local PD they will be able to tell you what the official state seizure form is in your state. If it's like mine, one copy goes with the evidence, one to the property officer, and the rest of the property goes to the court. The paper lists the accused and the owners name. On ours there's a disposition block that the judge fills out...destroy, return to owner.
There's an evidence log at the PD that establishes "chain of custody", this is handled seriously and is not some joke where other cops go in and fondle the gun collection. If you don't get an answer that makes sense, speak with a supervisor. Doesn't help? Go see the city manager.
And you wonder why some people do not like or trust the police at all. I had the same thing happen to me A long time ago [confiscation of my single shot, shotgun]. My family did not have the money to fight...Some cops kid got my shotgun. I'm still bitter about that
johncantiusgarand
Member
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.
So although there are no existing theft or burglary records concerning that pistol, and it has been removed from NCIC, it is still in limbo as a recovered stolen firearm. My local police department still has that pistol in their evidence room and cannot release it back to my friend that they seized it from until that sheriff's department that originally reported it stolen gives them the official go-ahead.
It has been 8 months now, and the only thing that sheriff's department is doing about it is referring each inquiry from our police department to someone else higher in the chain of command at the sheriff's department. I guess it will eventually work its way up to the actual sheriff. I'm beginning to think that he must have been the one who ordered all those old records destroyed and since he can't cough up the original report, he's just stalling until he can pass the problem along to the next sheriff. If there was some other way for them to track down the original victim, they should have learned something in 8 months.
I feel for the guy who originally reported it stolen. Had that sheriff's department not dropped the ball, this would have been a happy ending for him. The NCIC system did what it was supposed to do and did it well. And if by some miracle the original victim is identified, he should have his property returned to him. But if that hasn't already happened by now, it isn't going to happen. Meanwhile I'm out a pistol, because I returned the one my friend traded me back to him as compensation for all the embarassment and trouble. Unfortunately, the guy I got it from didn't do likewise.
So although there are no existing theft or burglary records concerning that pistol, and it has been removed from NCIC, it is still in limbo as a recovered stolen firearm. My local police department still has that pistol in their evidence room and cannot release it back to my friend that they seized it from until that sheriff's department that originally reported it stolen gives them the official go-ahead.
It has been 8 months now, and the only thing that sheriff's department is doing about it is referring each inquiry from our police department to someone else higher in the chain of command at the sheriff's department. I guess it will eventually work its way up to the actual sheriff. I'm beginning to think that he must have been the one who ordered all those old records destroyed and since he can't cough up the original report, he's just stalling until he can pass the problem along to the next sheriff. If there was some other way for them to track down the original victim, they should have learned something in 8 months.
I feel for the guy who originally reported it stolen. Had that sheriff's department not dropped the ball, this would have been a happy ending for him. The NCIC system did what it was supposed to do and did it well. And if by some miracle the original victim is identified, he should have his property returned to him. But if that hasn't already happened by now, it isn't going to happen. Meanwhile I'm out a pistol, because I returned the one my friend traded me back to him as compensation for all the embarassment and trouble. Unfortunately, the guy I got it from didn't do likewise.
Deltaboy1984
Member
Call get the info and be nice if you don't get the answer you want lawyer up.
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.
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