Police Keep gun I reported stolen! - Page 3

Bumper · August 21st, 2005, 04:38 PM

Quote:

Originally Posted by CombatEffective

Friend, I ain't making accusations here, but I just don't see the police just taking someone's property like that. The only way the police can seize something is if it is contraband, evidence, or stolen/lost property to be returned to the rightful owner.

I absolutely agree. If this actually happened this way, the officer would have a lot of explaining to do. And, in reality, the officer is not the one that makes the decision on whether you get your property back, in the end. The law itself will decide....

LenS · August 21st, 2005, 08:01 PM

I don't know anything about VA law/procedure but can state that in MA things are VERY different.

- If a gun is used in a crime, after the case is over it MUST be destroyed. It is never returned to the rightful owner nor is restitution made. I have been told it is in our laws that way. [In MA, the gun commits the crime, not the perp, so we are lenient on the perps, but hell on the guns.]

- In some cities/towns even if it is a simple stolen and recovered issue (or confiscated for some reason, no charges filed or dismissed), the guns are NOT returned to the owner as a matter of policy. Sometimes if the PD is pushed real hard, they claim that the guns are "lost" at the PD, at least that is the excuse given to the owners.

- In some cases, even if a judge ORDERS the guns to be returned, the PD absolutely refuses to do so, using all sorts of stalling (and probable lying) techniques. Boston is one of these cities. A lawyer who specializes in gun cases even told me that she's run into this in Boston numerous times.

Unless you are very powerful and very wealthy, in most of these cases, you can not and will not win. And your local chief can revoke your LTC (required to possess any guns) for no reason whatsoever as an "unsuitable person", so you really can lose everything by pushing your case. [It may not be legal, but they do it anyway.]

P95Carry · August 21st, 2005, 08:32 PM

Quote:

[It may not be legal, but they do it anyway.]

That really gets me - a law agency blatently breaking either the law and/or people's constitutional rights - and being able to get away with it.

They should be answerable but - trouble is - to whom??

HotGuns · August 21st, 2005, 10:31 PM

POST DELETED BY MODERATOR

Free American · August 22nd, 2005, 11:28 AM

Wow, I didn't expect this thread to go so long. Anyway, now that I know there are no charges filed I will be calling the PD today. My whole issue was if I recover my stolen property what right did they have to even take it in. I'll bet if it was a bicycle or camera they wouldn't "need it for evidence".

HotGuns · August 22nd, 2005, 09:30 PM

I just hope that you have the serial number on file to prove that the gun is yours.

Here, even if it has your initials carved in the stock, its not enough proof. With a serial number youi should have no problem...if the prima donna bankety blanks decide to comply with the law when they wake up that day...

Here is the absolute killer...

most of the time you will spend more on a laywer to get your gun back than it is worth....the police chiefs know this and the antigun ones take full advantage of it knowing that few people will spends several times what a gun is worth to get it back.

AZG23 · August 23rd, 2005, 02:20 AM

tagged.

4my son · February 7th, 2006, 02:34 PM

I came in on this one late,

So how did it turn out, I live here in Virginia too. What county did this go down in. Sounds like Henrico, I got the H... out of their.

Euclidean · February 7th, 2006, 03:06 PM

There are two points I'd like to add here. Well three.

1. This sucks and is a violation of federal law. Read the Constituition if you'd like to know which law.

2. Individual policemen are the salt of the earth. The various organizations they are governed by are often the scum of the earth.

3. This can and will happen to anybody. I would bet money that people who are in legal possession of a firearm have it taken from them and never recover it all the time in every state of the union. This is exactly why I use an XD for a CCW gun. If I ever have to pull it, as far as I'm concerned, it's gone and I can live with that. CCW guns should be disposable.

rocky · February 7th, 2006, 03:17 PM

If you do not get your gun back, lawyer up. Are you a NRA member,? they may be able to help as well. As for the PD threatening to take your gun, they may have some leagal right to take it if you were involved in a domestic altercation. I cannot say, as I don't know your laws /situation. Sounds liek you need to find a diffrent girlfriend and secure your weapons better.

August 21st, 2005, 10:31 PM	#24
HotGuns Moderator Join Date: Dec 2004 Location: Arkansas Posts: 5,160	POST DELETED BY MODERATOR Last edited by Betty; August 22nd, 2005 at 12:16 PM.

August 22nd, 2005, 11:28 AM	#25
Free American Senior Member Join Date: Aug 2005 Location: Virginia Posts: 611	Wow, I didn't expect this thread to go so long. Anyway, now that I know there are no charges filed I will be calling the PD today. My whole issue was if I recover my stolen property what right did they have to even take it in. I'll bet if it was a bicycle or camera they wouldn't "need it for evidence". __________________ They who give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety. Benjamin Franklin Previously known as "cjm5874"

August 23rd, 2005, 02:20 AM	#27
AZG23 Member Join Date: Jan 2005 Location: Surprise, Az Posts: 339	tagged. __________________ Brad B.

February 7th, 2006, 02:34 PM	#28
4my son Distinguished Member Join Date: Feb 2006 Location: Out side of Richmond, VA Posts: 1,453	I came in on this one late, So how did it turn out, I live here in Virginia too. What county did this go down in. Sounds like Henrico, I got the H... out of their. __________________ "fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen." [Warren v. District of Columbia,(D.C. Ct. of Ap., 1981)] If I have to explain it, you wouldn't understand

February 7th, 2006, 03:06 PM	#29
Euclidean VIP Member Join Date: Dec 2004 Location: Texas Posts: 3,213	There are two points I'd like to add here. Well three. 1. This sucks and is a violation of federal law. Read the Constituition if you'd like to know which law. 2. Individual policemen are the salt of the earth. The various organizations they are governed by are often the scum of the earth. 3. This can and will happen to anybody. I would bet money that people who are in legal possession of a firearm have it taken from them and never recover it all the time in every state of the union. This is exactly why I use an XD for a CCW gun. If I ever have to pull it, as far as I'm concerned, it's gone and I can live with that. CCW guns should be disposable. __________________ I am The Armed Educator.

August 21st, 2005, 08:01 PM	#22
LenS Distinguished Member Join Date: Jan 2005 Location: US Posts: 1,334	I don't know anything about VA law/procedure but can state that in MA things are VERY different. - If a gun is used in a crime, after the case is over it MUST be destroyed. It is never returned to the rightful owner nor is restitution made. I have been told it is in our laws that way. [In MA, the gun commits the crime, not the perp, so we are lenient on the perps, but hell on the guns.] - In some cities/towns even if it is a simple stolen and recovered issue (or confiscated for some reason, no charges filed or dismissed), the guns are NOT returned to the owner as a matter of policy. Sometimes if the PD is pushed real hard, they claim that the guns are "lost" at the PD, at least that is the excuse given to the owners. - In some cases, even if a judge ORDERS the guns to be returned, the PD absolutely refuses to do so, using all sorts of stalling (and probable lying) techniques. Boston is one of these cities. A lawyer who specializes in gun cases even told me that she's run into this in Boston numerous times. Unless you are very powerful and very wealthy, in most of these cases, you can not and will not win. And your local chief can revoke your LTC (required to possess any guns) for no reason whatsoever as an "unsuitable person", so you really can lose everything by pushing your case. [It may not be legal, but they do it anyway.]

August 22nd, 2005, 09:30 PM	#26
HotGuns Moderator Join Date: Dec 2004 Location: Arkansas Posts: 5,160	I just hope that you have the serial number on file to prove that the gun is yours. Here, even if it has your initials carved in the stock, its not enough proof. With a serial number youi should have no problem...if the prima donna bankety blanks decide to comply with the law when they wake up that day... Here is the absolute killer... most of the time you will spend more on a laywer to get your gun back than it is worth....the police chiefs know this and the antigun ones take full advantage of it knowing that few people will spends several times what a gun is worth to get it back.

February 7th, 2006, 03:17 PM	#30
rocky Senior Moderator Join Date: Jan 2005 Location: MI Posts: 11,750	If you do not get your gun back, lawyer up. Are you a NRA member,? they may be able to help as well. As for the PD threatening to take your gun, they may have some leagal right to take it if you were involved in a domestic altercation. I cannot say, as I don't know your laws /situation. Sounds liek you need to find a diffrent girlfriend and secure your weapons better.

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