I need a gun rights attorney in Philly

[DrakinClaw]

You know its a shame, the police fight against people who commit thedt. And clearly, if you are telling the truth, they are hypacrits and The PD literally STOLE your firearm from your home, since there are no charges against you. Thats is a horrible shame and i wish the best of luck.
Drak

[phillykev]

Originally Posted by LorDiego01

I imagine it says something like..

"We pwn joo n00b.
All your base are belong to us.

LMAOROFLZ!

NOW BOW DOWN AND OBEY!


Kindly,

Philadelphia Police Department"

Pretty close...here's the exact text.
------------

In reference to your communication requesting the return of a firearm which is currently in police custody, the Police Department does not deem it feasible to comply with your request.

You are advised that under Rule 324 of the Pennsylvania Code of Criminal Procedures, you have the right to petition the court fo the return of your property.
------

Funny thing is, there is NO rule 324. They stop at 320 and then jump to 400.

[KeithPA]

Yep your right. 320 refers to the ARD program.

Did they give you directions on how to petition the court? Little bit tricky to petition for something under the Pennsylvannia Rules of Criminal Procedure when the rule doesn't exist.

Added: I was also thinking you could stop into the public defenders office and see what they say. This is an administrative issue, so spending big bucks isn't worth it. Not sure how helpful they would be but this shouldn't be a complicated issue.

[rwilson452]

I'm not a lawyer, I don't play one on TV. that said, It seems to me:

IF you can sue to get your property back you can sue for damages for the loss of use of the property, plus costs and all that stuff.

[phillykev]

Originally Posted by rwilson452

I'm not a lawyer, I don't play one on TV. that said, It seems to me:

IF you can sue to get your property back you can sue for damages for the loss of use of the property, plus costs and all that stuff.

I really don't think suing is an option the more I look into it. It's an administrative procedural thing for the PD, and I'm assuming they are immune from suits for that until you exhaust their procedures, which are apparently non-existent rules in the criminal code. A lawyer can probably step through it easily, but I'm not a lawyer.

I had a state senator's office working on it for me, and after 6 months the best they could do is get this response to my request for the return of my property from two years ago.

I'm thinking at this point, for my peace of mind, I just let it go and live with the reality that the gov't can screw over just about anyone it wants any time for any reason. The alternative is hire a lawyer, which is going to be, minimally, twice the cost to replace the gun.

I'd like to fight city hall, and fight for my values, stand up for my rights. But I just don't know if I have the time or energy. It would cost me time out of work, time away from work, money, and I'm sure the path is full of aggravation. This is what they count on, I guess. Making it too much of a hassle to bother so they can pump up their press releases about how many guns they take off the street while ignoring the fact that many of them are legally owned and illegally seized.

One thing I know, though. If, and I hope not, anything like this ever happens again, I won't be honest and tell the police that I have a gun when they ask. Next time I'll bury it somewhere. Good guys never win and being an honest person who respects the law just gets you bent over by it.

[exceltoexcel]

Have you talked to an attorney? If so how much would it cost, perhaps we need a fundraiser for your efforts, so long as you're willing to make the details of the case public so that we know what we're supporting.

[phillykev]

Originally Posted by exceltoexcel

Have you talked to an attorney? If so how much would it cost, perhaps we need a fundraiser for your efforts, so long as you're willing to make the details of the case public so that we know what we're supporting.

No, I haven't. And I appreciate the offer, but money isn't the problem. It's more the time and aggravation, missed work, etc. As a result of that girl's lies, I've already spent 2 days in jail, several days in court and several thousand on a lawyer. I just don't know if I have the will to go through any more of this when in the long run, it won't have a bit of impact on the policies of the PD. If it would make a difference, I'd do it, no matter what. But the reality is, I may get back my gun, but it won't change things or prevent it from happening to anyone else. That's why I went through my representatives first. Hoping they would see the illegal activities of the Philly PD and do something about it.

Arlen Specter > sent me a reply saying he makes laws, not help people with them.
Congressman Bob Brady > never replied
State Senator Fumo > his office contacted me immediately, followed up with me weekly for 6 months, and were the ones who got the PD to at least give me an answer. But he has legal problems of his own. Ironic, considering his office actually tried to help as much as they could.

I just fired off a letter to the NRA, we'll see what they say.

[josh]

Originally Posted by phillykev

Arlen Specter > sent me a reply saying he makes laws, not help people with them.

LOL
Im sorry to laugh. Im not laughing at your situation but at Snarlin Arlens response.
It is exactly what is expected of him. All I ever got was a form letter any time I wrote him so you are one up on me.
Sure would have been nice if Pat Toomey had beat him.

[PA Rifleman]

Originally Posted by phillykev

... As a result of that girl's lies, I've already spent 2 days in jail, several days in court and several thousand on a lawyer. ...

If you do get a lawyer, consider asking that if Phila PD cannot be compelled to return them by law, wouldn't make your ex liable for damages & costs? After all, the whole episode was based on slander, no?

[TonyF]

Emanuel Kapelsohn 610.682.7147

Manny probably won't be cheap but ..........