Getting my pistol back from Madison PD

mmcb987 · May 16, 2011

A little background on why it was taken-
In Feb. of 2011 my girlfriend and I decided to celebrate the packer's Superbowl win. After far too many free shots and high fives at the bar, we decided to call it a night and go home. Neither of us remember getting home or much of what happened after that, but apparently we got into a heated argument and she called the police. She had locked herself in the bedroom, and told police that there was a firearm in the house. The police called my cell phone and told me to come outside, this quickly snapped me out of my blackout. I complied all of the officer's commands and everything was resolved peacefully. I was charged with Disorderly Conduct, my girlfriend gave consent to search the apartment and the firearm was taken into evidence. I can understand the reasoning behind taking it for a few days just in case the argument continued so I am not protesting the fact that the pistol was taken.

My court proceedings finished up about 2 weeks ago and the charge was lowered to basically a jaywalking ticket. I asked my attorney about the return of my property and he said "I don't think you'll be getting the firearm back" I asked him why... "you were heavily intoxicated with a loaded firearm in the house" now last time I checked that was not illegal.

Previous to this my record is basically clean except for a few traffic tickets. No disorderly conduct, and no domestic charges.

I have contacted the Madison PD 3 times in regards to returning my property since it was not used in the commission of any crime and the case is now closed. Each time I am told that I will be contacted by a Lt. the following business day. Still haven't heard anything.

I don't have the money to lawyer up again, should I just contact the state's AG directly or try something else. Any feedback would be greatly appreciated.

GRIZ22 · May 16, 2011

What state is this?

cstone · May 16, 2011

Assuming it is Wisconsin. http://www.cityofmadison.com/police/

If so, compose a concise letter to the Chief of Police explaining what you stated here. Tell him that you would like him to provide you with instructions on how you can claim your personal property.

Is there any type of gun registration in Madison? The police can't return the weapon unless it is legal to do so.

Good luck. I hope you get it back and things work out with your girlfriend one way or the other.

andrewstorm · May 16, 2011

due process

Your right to due process,and the cost of your gun,are the two factors here,you can complain to the us dept of justice that your civil rights have been violated,a trial by jury for matters is preserved in matters exceeding 20$ if the judge didnt rule on the gun,then they may have taken your property as unlawful siezure, most states have a law that states that any firearm used contrary to the laws of the state is hereby forfited,but the judge or jury would have to address the matter directly,or you can sue and there betting you wont :cuss:

the above is my opinion and not legal advice,i am not an attorney,and before making any actions you should consult a good gun attorney

also get a new girlfriend !

Guns and more · May 16, 2011

Odd.

"you were heavily intoxicated with a loaded firearm in the house" now last time I checked that was not illegal.

A lawyer said that? You cannot drink in your own home? Hell, all lawyers would be forfeiting their guns, judges too.

Get yours back? I'll be shocked.

you can complain to the us dept of justice

I live in the real world. Eric Holder is the attorney General. You expect what?

Bubbles · May 16, 2011

Madison, WI? Your attorney is probably right, though not because you were drunk with a loaded gun in the house, but because he knows the political lay of the land in town. Good luck getting the gun back and count your blessings that you didn't end up with a DV conviction.

Oh, and in the future I'd stop getting blackout drunk and ditch the girlfriend if you want to keep your gun rights... but that's just MHO.

RightCoastBiased · May 16, 2011

The NRA has a fund lawyers can charge from for second amendment violations/litigation issues. Call the NRA and get a lawyer who deals with 2nd amendment issues in your area. I did this in reagards to my pistol permit and at least got a good idea about what to expect from the lawyer I spoke with.

mmcb987 · May 16, 2011

@ cstone Yep it's WI. There is no registration law here so i should just be able to show my I.D. I think I'll keep pestering my local district for another week if that fails I'll write the chief. We'll see what happens then...

Will also keep the NRA in mind but I'm not a current member (should be) so dunno if they will be much help.

Oh, and the GF is very pro-gun she just wasn't thinking. Neither of us are big drinkers and we've been together for 6 yrs without incident before this.

I know PD's tend to drag their feet on this stuff, but I am trying to be optimistic... will keep u posted.

And thanks for the quick reply everyone.

Buck Snort · May 17, 2011

Bull dog grade persiverence may be the key here.

avs11054 · May 17, 2011

Title 18 Part I Chapter 44 Section 922 of the United States Code states...

(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

I'm not sure what you mean by the disorderly conduct charge was "lowered to basically a jaywalking ticket," but if it was still classified as DV, you won't be getting your gun back.

GWARGHOUL · May 17, 2011

Disorderly conduct is not DV.

Even "Domestic Peace Disturbance" is not DV.

Good luck, though.

mmcb987 · May 17, 2011

@ avs11054 It was lowered to a county ordinance violation. It was never classified as DV. During the preliminary hearing I was court ordered not to possess weapons until the conclusion of the case. The case is closed. I could go out and purchase a firearm tomorrow if i pleased.

avs11054 · May 17, 2011

GWARGHOUL said:
Disorderly conduct is not DV.

Even "Domestic Peace Disturbance" is not DV.

Good luck, though.

hmmmmm. I'd be suprised if disorderly conduct is not DV. Most states' DV laws are pretty similar. In AZ, disorderly conduct is DV.

But anyways, if the conviction was not classified as DV, that sucks. I don't know what to tell you. Do they tell you what the reason is for having a LT contact you? Ususally a detective or sgt would be able to release property.

Evil Monkey · May 17, 2011

But anyways, if the conviction was not classified as DV, that sucks.

lol, why does that suck. You DON'T want incidents like that to be classified as DV, as that would institute a loss of 2ndA rights permanently.

On another note, what constitutes "DV" has grown wildly and I'm surprised it hasn't been challenged.

GWARGHOUL · May 17, 2011

Disorderly conduct can be anything, except violence. Then its DV, Assault, battery etc etc/.

9mmforMe · May 17, 2011

Just out of curiosity...what was/is your girlfriend's reaction to the events befalling you after this incident?

Additionally, as a friendly aside, it would behoove you to not to drink like that again...a very costly lesson learned I'm sure.

mljdeckard · May 17, 2011

The long and short of it is, you need to buy another gun. Yes, the principle of the thing is that you shouldn't let the police just take it from you and not give it back, and you need to fight so that the next guy doesn't have to do it too, but in the meantime, you are disarmed. Go to a pawn shop, buy another Glock, it will cost far less than any legal proceeding to get it back.

If you can find a pro-2a civil rights attorney who is willing to take the case on contingency, let him add it to his stack. Other than that, this isn't gonna happen.

OldMac · May 17, 2011

There are other free resources that can add pressure to at least get a straight answer from the PD. Talk to your local representatives (commissioners, councilman, alderman, mayor, etc.) Usually when they ask for information on your behalf, they get an answer. They all have to run for election at some point so they should try to help you. If none try to help, you could talk to a news reporter to see if any of this makes a good story. Bad Politicians, like roaches, can't stand the light of day. A little media pressure usually gets them scurrying to make all this go away. You may not get the answer you want, but you will get an answer.

avs11054 · May 17, 2011

Evil Monkey said:
lol, why does that suck. You DON'T want incidents like that to be classified as DV, as that would institute a loss of 2ndA rights permanently.

On another note, what constitutes "DV" has grown wildly and I'm surprised it hasn't been challenged.

oops...guess that came out wrong. I meant the situation you are in sucks.

deadin · May 17, 2011

The long and short of it is, you need to buy another gun.

It's possible that it should be "try to buy another gun".
If you pass the NICS test, then you have ammunition to try to recover your confiscated gun. If you don't pass, you have a much bigger problem.

mmcb987 · May 17, 2011

Update

Did a little bit of research last night and found this in the WI state statutes...

961.55(3)
(3) In the event of seizure under sub. (2), proceedings under sub. (4) shall be instituted promptly. All dispositions and forfeitures under this section and ss. 961.555 and 961.56 shall be made with due provision for the rights of innocent persons under sub. (1) (d) 1., 2. and 4. Any property seized but not forfeited shall be returned to its rightful owner. Any person claiming the right to possession of property seized may apply for its return to the circuit court for the county in which the property was seized. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the property returned if:

961.55(3)(a)
(a) The property is not needed as evidence or, if needed, satisfactory arrangements can be made for its return for subsequent use as evidence; or

961.55(3)(b)
(b) All proceedings in which it might be required have been completed.

961.55(4)
(4) Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the sheriff of the county in which the seizure was made subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this chapter, the person seizing the property may:

961.55(4)(a)
(a) Place the property under seal;

961.55(4)(b)
(b) Remove the property to a place designated by it; or

961.55(4)(c)
(c) Require the sheriff of the county in which the seizure was made to take custody of the property and remove it to an appropriate location for disposition in accordance with law.

Called my district again this morning and paraphrased the above before they could blow me off.

Surprise! Just got a call from a Lt. stating that he was going to check with the DA to make sure I was not prohibited from owning weapons as a result of the case, and he'll call me as soon as he hears back. Then we will discuss the transfer.

Didn't think it would be as easy as spouting off a few basic laws, but I guess they realized I'm not F'ing around anymore.

and

Just out of curiosity...what was/is your girlfriend's reaction to the events befalling you after this incident?

Additionally, as a friendly aside, it would behoove you to not to drink like that again...a very costly lesson learned I'm sure.

She definitely regrets calling the police. Made things a lot more difficult for both of us.

I have never gotten aggressive while drinking before so I think it just scared her, but then again i've never blacked out before, and don't plan on doing it again. So yes... lesson learned

Thanks again to everyone for your support.

mmcb987 · May 23, 2011

Another Update

Got another call from a detective earlier today. He asked for a bit of my info, and info on the pistol. He told me that he was requesting the NCIC today, and that I should be getting the gun back by the end of the week.

armoredman · May 23, 2011

woo hoo!

Guns and more · May 23, 2011

at least get a straight answer from the PD.

Not withstanding post #22, I'll still be shocked.
Cops can stonewall you forever, because as we all know, cops don't have to obey the law, or tell you the truth.
"It seems we lost it."
I hope I'm wrong.

Hillbillyz · May 25, 2011

Madison, WI is most definatly in the bely of the liberal beast. I hope it works out well for you.

Getting my pistol back from Madison PD

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