Thank you all, so very, very much for your support in the matter. I know you folks disagree in the best plan of action, and that's ok, that's why I threw the question out to a public forum, and I thank you all and appreciate sincerely all of the advice. You all want to see a lawfully purchased gun returned to its rightful owner, and therefore you are all on my side. Thanks again.
I promised a report yesterday after I spoke with officer Mogan, and I apologize for not replying until today. This is a short outline of what she and I discussed yesterday afternoon.
Officer Mogan is the official state police evidence officer where my gun is being held. She was courteous, and kind enough to return my call after I left a message stating my attempt to reach her, and my inquiry as to how to get my gun back. This is a major step over and above any and all other police I've dealt with up there so far. In other words, this officer felt like she wanted to be helpful, and was not unkind or pushy about the situation.
She instructed me to wait out the six months while the cwof is pending. No surprise there, and I was actually not upset about that instruction, because I sort of expected it. But her second instruction was that I would need to get a concealed carry card in Mass before I could pick the gun up, since they can not lawfully hand it back to me without my having one. I said, "Yes Maim you can, there is an exemption for out of state target shooters going competition shooting in Mass, for out of state residents, and that is why I wasn't found guilty in court in the first place. You surely can legally hand it back to me, without contributing to a crime," and she respectfully, and carefully retorted that there was no way the police would hand a gun to any person, in or out of state resident, without a Mass issued carry card.
I then commented that I won't be able to get a card during the six months because one of the questions on their app will prevent it, since I am apparently "under information for a crime that has a potential max jail sent that exceeds one year" and her comeback to that was that I may have to wait out the six months, then apply after the cwof drops, then wait until the permit clears, (if it EVER does since I technically got arrested up there, and being found not guilty or dismissed does not guarantee approval since they are not a shall issue state) so her answer was that I could get it back in about nine months, or potentially never.
My next request was that she ship the gun to the MD state police. I am perfectly able and legal to own the gun here in MD, even with the cwof. I just can't "purchase" right now. She said no. I then asked her if she would ship the gun to the MD state police, who would release it to me through their office, after the six months was up and therefore negate the need for their concealed carry card. She said no to that too, and claimed that it was illegal for her to ship the gun outside of MAss, which is obviously not true.
Clearly, they have no intention of ever returning it, so I told her that I am aware about the shenanigans seven miles away in Holland Mass where officer Gleason, was busted for selling guns stolen from evidence, and she assured me that my gun was safe in her hands, locked behind three doors was the term she used, and that as soon as I was in a "legal" position to take possession of it there in person, she'd "see about getting it back to me."
Her last instruction was to call an office of firearm records in Chelsey Mass, and run the scenario by them, for a second opinion and further instruction.
My lawyer at the moment, is looking into the matter, and hasn't stated anything about it yet.
The judge at pre-tril was already asked to rule about the firearm, right then and there by my counsel. His reply to my counsel was, "The state police have Mr. Mise's gun, and I'm not getting between you and them. You work it out with them to get the gun back."
I am prepared to spend up to another $1500 to get my $500 gun back just to clear a path for fellow gun owners to have a set of procedures for lawful return set in place. But if its going to cost more than that, I'll drop the lawyer expenses, and next time I drive through just file a civil suit against the police dept for a few hundred bucks and let them spend their time and money defending it. This last step of course won't occur until after the six months are up and they run me around again.
Thanks again for your support, and concern, and I'll keep you posted as the case unfolds.
-Quentin Mise
Romans 10:13
