Cops stole my Dads gun

My best friend manages a gun store. granted it's located in california where the gun laws are almost stupidly strict but I'll find out what he has to say and get back to you tomorrow. we usually hang after work on weekdays tonight will probably be no different, i'm on the way home for him, he usually drops by for a beer and a round of BF3 or something. I'll ask. he might know what to do to get the firearm back.

reply to post by RealSpoke


SnF for another fine example of the cops playing dirty. Although you seem surprized by this ? This is the norm here in Calif. My partner had his Ruger stolen right out of his house here in So.Cal. When it turned up in Northern Caif. He was notified but all attempts to recover the piece were ignored. The pieces of crap kept his firearm. That simple. Yes it was registered. They prolly used it for snuff gun.

I WANT MY GRANDFATHERS GUN BACK IT HAD SENTIMENTAL VALUE I HATE COPS

Thanks to everyone that replied

Why would they destroy it though? Wouldn't it just sit in an evidence room, I dont get it?

reply to post by RealSpoke


I have one of those first big screen tv's in my house. One of the really crappy old ones that is blurry to watch in the best of circumstances. On the back of this tv, there are some big numbers blacked out with a sharpie. I received this tv quite a few years bag from a LEO. Second in command at the time. It actually took me a bit to figure out why it was given away for free and where it came from.... Right out of the evidence room of the local PD. I can not say whether he had the legal right to take it or not, but I can safely tell you that they do not destroy all evidence. At least not here... yes... even the firearms.

Tell your father not to give up. I understand the sentimental value. I had a stolen diamond ring that sat in evidence for over a year. I had to go through hoops to get it back. I pretty much irritated them everyday until they caved. I would at least ask for evidence of them destroying it. It might fall on deaf ears but is worth a shot if the gun means that much to you and him.

reply to post by RealSpoke

Again. Did the cops give him a receipt for taking it with the serial number on it? If they DID....he has a better chance at petitioning it back. Without that proof they even TOOK it.....well.....

reply to post by RealSpoke


I don't think they destroyed it. In fact, I am positive they have not destroyed it. There is mandatory retention periods for evidence. If the charges are dropped, the retention for evidence is likely 2 to 5 years. If the charges result in a plea or conviction, the evidence retention is much longer. In addition, even if they decided to destroy it, there are only certain times per year when fire arms or bullet proof vests are destroyed. There is a certification process, and there is a lot of documentation involved, and they do them in mass quantity, not one at at time.

You need to pay an attorney $100 to get a letter drawn up and get the certified docs of the destruction of the gun. In all likelihood the gun is either lost in the evidence room, or it was taken home by someone as a souvenir.

Pay an attorney, pursue the correct documentation. *snipped stuff that didn't apply, I was confused with another thread*

You should hold their hands to the fire and make them pony up the gun, or the documentation certifying its destruction, and then you can hold them liable for violating their own statutes and policies regarding evidence retention.

If you really want to get back at the COP simply put a note on his vehicle - How does it feel to have something stolen from you?. - it will drive him crazy trying to figure what you stole. in this case you dont have to stoop to his level and actually relieve him of his property - but he will swear you did. Prove it! you even do what he did sign your name.

Originally posted by mysterioustranger
Yes, its normal. If it was a registered firearm as in handgun...it could be petitioned back from the court. They would then decide if it could/should be returned to the legal registered owner.

Long guns and things like AK's are generally taken for the good and safety of the family/persons involved. Most are never returned but destroyed.

edit on 06-10-2010 by mysterioustranger because: (no reason given)

I agree, can't really prove who's
gun it is. How do they know, just
take the word for it?

reply to post by popsmayhem


Yeah...the particulars no one thinks of in times of the cops being in your home.

In my case...(long story, please no questions...its still painful)...there was a suicide in my home recording studio where my late brother and I found them.

The cops took all 4 guns from the very large domicle, including ones that werent ours...and in the stress of the moment...we didnt even THINK about a receipt for them.

We never could prove to the Police or judge for that matter...that they even TOOK them from us. Lesson learned.

reply to post by mysterioustranger


Ideally, the guns should be locked up seperately, and or hidden from prying eyes. My registered guns are in a gun safe, and that safe would be off-limits without a specific warrant to open it. Any guns that don't require registration would also be in that safe or elsewhere hidden about where nobody could happen upon them.

Just FYI for future endeavors for everyone. Hindsight is 20/20, but locked safes are a pretty good safeguard both literally and legally.

an analogy :

if the police were called to an " incident " at a residence where there was a automobile in the garage [ registered to a 3rd person ] , but niether occupant had a driving licence or insurance - would they seize the automobile ?

Originally posted by ignorant_ape
an analogy :

if the police were called to an " incident " at a residence where there was a automobile in the garage [ registered to a 3rd person ] , but niether occupant had a driving licence or insurance - would they seize the automobile ?

Yes, if the "incident" involved drugs, or human trafficking, or violence or threat of violence by automobile, or if the automobile had any chance of containing evidence to a crime, or for any of 1000 other reasons. In fact, if there is any evidence of drug trafficking or manufacturing, they will probably seize the house as well!

If they are responding to a call where violence is an allegation, then seizing a weapon is very likely. Domestic violence is a serious call. It is dangerous for everyone involved including the officers.

I feel hopeless, I'm poor. I cannot afford an attorney or other legal mumbo jumbo.

reply to post by getreadyalready


But in reality...they do you no good when you confront a home-invader in the middle of the night and say..."WAIT! Let me unlock my safe so I can get my gun".

Originally posted by mysterioustranger
reply to post by getreadyalready

 

But in reality...they do you no good when you confront a home-invader in the middle of the night and say..."WAIT! Let me unlock my safe so I can get my gun".

I was speaking about the legal protection they offer against warrants.

I agree a safe full of guns is not a very good self-defense plan. Personally, I usually have a gun on my person, and at night I have a Mossberg, 12 gauge, twin-pistol grip, with a 400k Candlepower thumbswitch activated xenon light propped up next to my bead. It is loaded with light shot, light shot, double ott, double ott, slug, slug. The safe is also wide open at night, so I can grab a pistol, or the AK quickly, and they are always loaded.

If they hit my house with one of these no-knock warrants in the middle of the night, we would probably all end up dead. I have motion lights outside. My interior doors are are solid wood like exterior doors, not the hollow type. When we go to bed, my kids room is off our room, and my house is locked, and my bedroom door is locked, and my 100lb dog sleeps next to my bed, right next to the shotgun. If someone came crashing into my house or room, there would be ample warning, and if they were not very clearly identifiable as police, then they would be met with gunfire. There was a case here in the panhandle of Florida where a group of ninja-dressed thieves broke into a home and killed the occupants. Anyone dressed in black tactical gear will be met with gunfire.

Now, during the day is a different story. All my guns are locked in the safe except for the one under my arm.

Originally posted by RealSpoke
I feel hopeless, I'm poor. I cannot afford an attorney or other legal mumbo jumbo.

If you're too poor for an attorney, you still have options, but you'll have to be slick. Approach someone at the Clerk of Courts, be nice, be humble, be patient, and have them help you figure out any motions you can file in court to request the guns back. Or, find a legal aid group in your town. All towns have some legal aid, and they can at least write a letter on your behalf. Or, if you are a member of any group like Masons, Kiwanis, college fraternity, then find out if you have lawyers in your group; they will surely write a letter or make a phone call on your behalf. If you can't find an attorney in any possible way, then a paralegal will work. They write the letters, they can write a letter for you. You can put it on fancy letterhead and make it look official, but don't indicate you are an attorney, and don't use the , P.A. indication or do anything to get in trouble. If you can't find an attorney, or flirt with a paralegal or court clerk, then you are on your own. Read the statutes, find the law, write your own letter quoting the police policy and state statutes, and send it to them certified mail.

Ohio Codes

You could contact your local councilman or the mayor's office to put pressure on the police. You could just keep bugging the police until it is easier to pacify you than it is to ignore you.

Lots of options, just remember to always be nice and professional, and don't lie or do anything illegal.

Originally posted by Aliensun
convicted small-time drug dealers in Austin. Frequently, they claimed that they had more grass and cash than the arresting officers reported to the court.

And we all know drug dealers always tell the truth....

Originally posted by RealSpoke
I feel hopeless, I'm poor. I cannot afford an attorney or other legal mumbo jumbo.

I'm pretty sure what you feel ? Is what it is. Hopeless. If just one cop decides he wants that shotgun. A code comes up when other cops or any of the other correct authorities look it up. And all you will get is the run around. If just one officer decides he/she wants that firearm ? It's a done deal. I hate to sound and be so negative but I've seen and heard this crap to much. Too many times. I would be shocked if you ever lay eyes on it again.

They'll say this that the judge had it destroyed. You raise hell about it ? Perfect ! Slap your ass in mental institution or worse. First thing to remember when dealing face to face with a cop ? He would just as soon shoot you as talk to you. That's how you have to think for your own protection.

One other thing I can think of that might help. That I discovered over 32 arrests. Cops love a good sense of humor. This only works if you have one. But if you manage to crack them up ? No pity laughs. It's always a good sign. Hope this helps even tho it sucks.

reply to post by randyvs

SnF for another fine example of the cops playing dirty.

How are the cops playing dirty?

I just provided several laws which the police would have used to seize the firearm. So now if the police operate according to the law they are dirty as well?

My partner had his Ruger stolen right out of his house here in So.Cal. When it turned up in Northern Caif. He was notified but all attempts to recover the piece were ignored. The pieces of crap kept his firearm. That simple. Yes it was registered. They prolly used it for snuff gun.

First, the gun was taken in what sounds like a burglary so it is now evidence. The gun probably has to be held at least until the person charged with said burglary goes to trial.

Second, if the gun had been used in another crime, say a robbery or homicide, the handgun is also evidence in that crime and must be held for prosecution.

It sounds like no matter what the police do, if you dont agree with it, they are dirty. Thats not how it works, friend.