They released my handgun
- Thread starter NDanforth
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F-111 John
Member
I hope their knowledge of the law is better than their knowledge of grammar.
Dnaltrop
Member
You may be get it
You may be not.
Missed that on the first read John, good eye.
You may be not.
Missed that on the first read John, good eye.
Quoheleth
Member
That's just dandy.
You had to wait 3 years and get a lawer involved and were stalled at every turn up til then. They send you a letter and expect "immediate attention."
You should send them a bill for three years' interest on the value of the firearm. :banghead:
Q
I am glad that things finally worked out for you.
I would take some sort of lockable case with you when picking it up. Lock the sucker up place in the trunk of your car. Do not give them any excuss to screw with you more than they already have.
I would take some sort of lockable case with you when picking it up. Lock the sucker up place in the trunk of your car. Do not give them any excuss to screw with you more than they already have.
Bubbles
Member
Wow. Gotta love how they destroy ammo b/c it can't be mailed. I guess they never heard of UPS or FedEx.
I did get it back yesterday, sans 9 rounds of federal hydra-shok. The lady working the evidence building was polite and prompt. I didn't have to wait for the background check because thankfully they had it on file in the computer.
Even though I have my gun back I'm not letting this rest. Old Fuff brought up some issues with the detective having done an ATF trace. When I looked further into this I found that it can be only done on a "crime" gun according to the Tiarht amendment. There was nothing articulated in the report as to any reasonable suspicion that it was a crime gun. So as far as I can tell she, at the minimum misused a government database, and at the worst conducted an illegal search. Further, IBIS testing was done on my gun. This issue I'm finding harder to nail down as to the legality of doing this I can't believe that this is a constituional thing to do without suspicion of criminal activity. I bounced this off my lawyer friend and he said to go to the County Attorney. I'll keep those interested posted.
Even though I have my gun back I'm not letting this rest. Old Fuff brought up some issues with the detective having done an ATF trace. When I looked further into this I found that it can be only done on a "crime" gun according to the Tiarht amendment. There was nothing articulated in the report as to any reasonable suspicion that it was a crime gun. So as far as I can tell she, at the minimum misused a government database, and at the worst conducted an illegal search. Further, IBIS testing was done on my gun. This issue I'm finding harder to nail down as to the legality of doing this I can't believe that this is a constituional thing to do without suspicion of criminal activity. I bounced this off my lawyer friend and he said to go to the County Attorney. I'll keep those interested posted.
Rocketmedic
Member
What sort of shape was it in?
I think you may be confused, and I can easily understand why. It is true that if the gun is part of a criminal investigation the Department can request that it be traced by the BATF/E from the manufacturer or importer to the first retail buyer who filled out a 4473 form at the time of purchase.
However they cannot request a background check of the owner from NICS, and the BATF/E does not do background checks of gun owners, criminal suspects or otherwise. If the officer in question told you that were waiting for a "Brady background check," they were lying.
However they cannot request a background check of the owner from NICS, and the BATF/E does not do background checks of gun owners, criminal suspects or otherwise. If the officer in question told you that were waiting for a "Brady background check," they were lying.
Nicky Santoro
Member
city prosecutor was a total ass about it
Having spent nine consecutive Wednesdays on grand jury, let me assure you that the terms "prosecutor" and "total ass" are redundant.
Having spent nine consecutive Wednesdays on grand jury, let me assure you that the terms "prosecutor" and "total ass" are redundant.
Not confused Old Fuff, I followed up your comments on the other thread with a lot of research on the Tiarht Amendment. And like you said, "if the gun is part of a criminal investigation". This gun was not part of a criminal investigation, it was found property, and no suspicion of criminal activity was articulated.
Now I will say I was confused originally, I didn't know what you meant or what an ATF trace entailed at the time. Now I do, and there are clear guidelines on when an officer can do a trace.
Now I will say I was confused originally, I didn't know what you meant or what an ATF trace entailed at the time. Now I do, and there are clear guidelines on when an officer can do a trace.
I'm happy for you, buddy. Good job!
But Nathan, don't be surprised if she SAID she was holding the gun to perform an ATF trace, but never did perform the trace. If her department knows its limitations and cannot initiate ATF trace sans criminal investigation, then she simply lied to you to stall the process. Probably hoped you would just go away. And stay away.
If she lied, her supervisor would only give her a half-baked warning. And a pat on the back.
Follow up on it, but be prepared for a let down.
But Nathan, don't be surprised if she SAID she was holding the gun to perform an ATF trace, but never did perform the trace. If her department knows its limitations and cannot initiate ATF trace sans criminal investigation, then she simply lied to you to stall the process. Probably hoped you would just go away. And stay away.
If she lied, her supervisor would only give her a half-baked warning. And a pat on the back.
Follow up on it, but be prepared for a let down.
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