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1952 - 2006
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Discussion Starter #1
I would be interested in everyone's thoughts on this.

I along with several others in this forum own VERY expensive custom guns.

My question is this: If you have to shoot a BG with your custom gun the police are likely to confiscate your firearm during the course of the investigation into the circumstances of the shooting, are you concerned that your gun could get "lost" while in police custody? There are a lot of cops out there who would "kill" to get one of these guns in their collection, while giving the excuse that "the paperwork got mixed up and the gun was misplaced while in custody."

I frequently carry my Kimber CDP Compact just because of this concern. I spent 25 years of my life dreaming of building a gun like my custom Rock River Arms 1911. As I have posted before, the gun is so custom that the serial number is my name, ie. RR BOB FORD 1. I would be devastated to lose this gun to some bureaucratic screw-up.

Does anyone else have this concern or do you think I'm just being paranoid?
 

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from all the LEO's I have talked to this is a myth that your pistol will be abused while in police custody. The fact of the matter is that it is evidence that may be used against you in a court of law and if it is tampered with, you will have a better chance of getting off if it is not a justified shoot. You will receive a property receipt for your pistol. It will be itemized in great detail and when all is said and done, you will get your $$$ pistol back.

~A
 

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I believe APachon is right about it being a myth. I know the process we had to go through to check evidence into the property room. There normally is a strong chain of custody on all evidence moved about. That being said, yes, I have thought about it and then waved it off. Then again I wanted a custom gun for it's reliability and accuracy and will it will become a "well used" gun over time. I expect my Kimber TLE will become a range gun used as my carry gun only when it has to be.... :redface:
 

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Most of it is a Myth except say finish damage a State trooper told me he has seen a few that rusted from improper storage and looked like they had been dragged down street and ddint even match his writen discription of the gun anymore ...


I know ya guys got some real expensive stuff but i even worry about it with my cheep stuff compared to your ... i worked my tail off to buy it wasnt free and sure i worry about it
 

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if you get into a shoot, do not waive a speedy trial. If you know you are justified, this is a legal tactic to push the prosecution into laying their cards on the table. This will also get you your pistol back quicker.

~A
 

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Yep, chain of custody for the firearm should make loss of a pistol impossible. and if it did happen you can bet there would be an investigation.
 

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rocky said:
Yep, chain of custody for the firearm should make loss of a pistol impossible. and if it did happen you can bet there would be an investigation.
Unless your in Detroit ... Course then im not even sure if they

1 Bother to look for ya

2 and do anything if they do catch ya
 

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I would surely be pissed if they lost my gun. In the end, however, I would console myself with the fact that it saved my llife and go buy another one to replace it....
 

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In Austin,

They toss the weapons in basket bins, piled on top of each other in the open air. The weapons locker is inclosed like a bank vault, cold and damp. Guns are dug through to reach the proper one and then tossed back in again. I'd hate to see that done to mine.
 

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the question now is IF they did lose your gun, what recourse do you have???
~A
 

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Discussion Starter #11
I am also concerned with spider's post about it being horribly damaged while in custody, I'm not so worried about corrosion because of the finishes I have on my guns. But the Idea of it just being thrown in a bin or just tossed around while in the property room is a real concern.
 

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Spider, how sure of this are you??? While in undergrad, I worked at Ulster Cty DA's Office in NY and I had to deliver pistols used in alleged justifued shoots as well as in the commision of a crime to court for the DA's and I know they were well documented and placed in a box corresponding to an ongoing case. This particular jurisdiction did well to protect the appearance of these weapons.

~A
 

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Expensive custom pistol

Let me relate a story told to me first hand by the owner of the pistol in question. Las Vegas, Nevada, about 1984 or 85. My friend was living in a fifth-wheel trailer in a grove of large trees, near three old houses, two abandoned.His friend lived in one of the old houses and allowed Mr. X to hook up to water and electricity and share utility costs. The friend belonged to a U.S. Cavalry re-enactment society and stabled several horses nearby. Late one evening Mr. X saw several kids near the horse corral and went out, told them to come back when the owner was there and he would probably let them pet the horses, but for now, go home. Later, his lady friend told him she had just seen a guy hiding behind some bushes watching the trailer. Mr. X slipped out the back door and circled around behind the intruder, S & W 659 in hand. He pointed the pistol at said intruder and told him to "freeze". About this time he heard a voice behind him say, "No, you freeze, or I'll drop you." He replied, "If you shoot I'll drop your friend." Turned out they were LVMPD officers in plain clothes called by the kids Mom, saying he had threatened the kids. He secured his weapon and held it out to the side and told the officer to come get it, as he was standing in two inches of mud and water from the rain. They made him drop it in the mud, cuffed him, and took him and the weapon to the PD. It was all ironed out without charges, but they held his weapon for several days. When he got it back it was sealed in a large zip loc bag, mud, water, and all. No attempt had been made to clean it. Luckily, being stainless, no damage was done. Some rust on small parts, he said. I would not fault the PD as every experience I have had with LVMPD has been positive, and I know that things happen, items get mis-laid, good intentions sometimes get waylaid, etc. Bottom line, noone else will care for your piece as well as you.
 

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Again i think its the area ... why was the chief of detroit nabbed few years ago trying to load a plane with loaded gun in bagged then find out it was a drop piece no serial # ... kind of odd then come to fine out it wasnt really a cop and couldnt carry
 

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Very good example and you are right. They will take it as is and seal it up in an evidence bag. If it was raining when they took it from you it very well may be rusted. In Denver, they would place evidence in individual evidence bags made of plastic or paper and store everything in a box with the case number on it. The evidence from one case was not mixed with evidence from another case. They ultimately want to reduce handling of evidence in order to preserve it.

If Austin handles their evidence that way I bet they get a lot of cases thrown out.... :frown:
 

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These Austin bins may not be guns still waiting for trial,

They might be waiting to be sold after being taken from their owner, or found. I was just saddened to see thousands of weapons piled in that condition.
 

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If they lose your weapon (or "lose" it, either way), you should file a report with the BATFE. If a law-enforcement agency or officer thereof takes possession of a personal firearm for any reason, they have an obligation to return it to the lawful owner unless the owner becomes ineligible to own it while it's in their custody (i.e. becomes a convicted felon). Once you are either A) released without charges being filed B) released after charges are dropped, or C) found to be not guilty then they are in the wrong if they refuse or fail to return your firearm to you. I've heard, though have seen no proof to back this up, that the BATFE takes allegations of illegal seizure by LEOs / LE agencies very seriously, will investigate, and will give them a "body cavity search" (figuratively, of course) in the course of investigating. While I'm no fan of the BATFE, and generally think they should be done away with for ever, in this particular instance they could be helpful.
 

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I guess my concern is more you have stopped the attack, BG is on the ground and you are covering him. The police arrive and not knowing who you are, demand you drop the gun. No don't put it down, drop it on the ground. They come over to cuff and stuff you and kick/scoot your gun away from you.

So what gun do I want to drop on the ground and have potentially kicked/scooted along on the ground a short distance? This is a worst case scenario of course. The others are dirt and weather conditions and having that all sealed in a bag with my gun.

Ruger? Glock? $3K 1911?

-Scott-
 

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Scott said:
I guess my concern is more you have stopped the attack, BG is on the ground and you are covering him. The police arrive and not knowing who you are, demand you drop the gun. No don't put it down, drop it on the ground. They come over to cuff and stuff you and kick/scoot your gun away from you.

So what gun do I want to drop on the ground and have potentially kicked/scooted along on the ground a short distance? This is a worst case scenario of course. The others are dirt and weather conditions and having that all sealed in a bag with my gun.

Ruger? Glock? $3K 1911?

-Scott-

Which ever one went boom and saved your hide at the time ... I look at it also as being a non issue as in it saved me its only money and im still alive :palmier:
 

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Moot point. I'd NEVER carry a $3000 1911 (unless somebody GIVES me a Nighthawk Custom) and I'd hammer nails with a Glock, so it wouldn't matter if it was dropped. Heck you could SPIKE IT without worry!
 
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