Allegheny County Police Issue - Handgun was taken...

[pyld]

Get a new roommate. No such thing as an accidental discharge.

That said, you either need to write letters, pony up for a lawyer, or wait.

[DBZ220]

I had a pistol taken for forensic analysis many years ago after an incident. Took almost a year to get it back and it was returned rusty and with case numbers lightly engraved in several locations. I was an LEO at the time as well, and received "compensation" for my firearm being damaged from the department. I've seen them engrave numbers in some cases, or not at all. Might be a toss-up pending the type of case the weapon was involved in. As others have said, keep after them, if you're too quiet, they tend to forget about you and your property...

[HiredGoon]

Since this was apparently the roommate's fault...have him pay you for the gun...now.

If the cops ever do give it back to you, then transfer the gun to the ex-roommate's name at an FFL and give it to him.

[Tequila Sunrise]

Originally Posted by unclejumbo

Guns that are involved in shootings get sent to the lab. The labs are backed up and the people in them are usually working 10 hours a day to try and stay on top of it.

You and your roommate say that is the gun that shot him. Maybe he was shot during a hold-up of a gas station somewhere. I'm not suggesting that is what occurred but it is something that has to be ruled out.

The pistol will be test fired and the bullet will be put into a national database to determine if it had been fired during a crime. The bullet will also be matched to the one from his leg.

I don't think your pistol should be defaced, I'm not aware of that aspect of the testing process. If it is done, I would hope it is done where it won't be seen.

The best I can tell you to do is keep checking back every month or so. Make sure it doesn't get lost in the system. It does suck but at least no one is getting arrested or going to jail. Look at Plaxico Burress. An ND from his pistol into his leg and he goes to jail for two years.

Man that was good. Are you a cop? lol

[mrjam2jab]

Originally Posted by Tequila Sunrise

Man that was good. Are you a cop? lol

either that or he watches too much CSI...

[gnbrotz]

Originally Posted by unclejumbo

It does suck but at least no one is getting arrested or going to jail. Look at Plaxico Burress. An ND from his pistol into his leg and he goes to jail for two years.

That's a pretty poor comparison. He's going to jail for illegal possession, not because he shot himself. All the ND did was make his possession apparent to the LE community.

[Steve_NEPhila]

Here is what I would do in your situation:

File a claim in the Pittsburgh Municipal court small claims division for the replacement cost of the items taken (pistol, magazines, ammunition etc). Get price quotes for the taken items in writing!!! Make sure that the items on the price quote match the receipt from the police as to what was taken.

File the small claims complaint on the grounds that your roommate deprived you of your property through the negligent and unauthorized (shooting himself) use of the confiscated property. And that you have been deprived of the possession and enjoyment of said property for x period of time and for the predictable future. Also, bring a copy of the police report filed when roomie shot himself to the trial.

I do not have links to your local small claims court, you will have to find that yourself. You do not need an attorney to represent you, you can represent yourself.

Here are the facts that are important in your situation:
-Roommate used your property without your consent or permission.
-This negligent act by your roommate caused your property to be confiscated by the police.
-You have a right to enjoy your property (yes, even a gun).
-You are entitled to replacement of your confiscated property by the negligent party that caused it to be taken from you.

Documents to bring:
-Police report of the shooting
-A written quote for all of the confiscated property (a local gun shop can do this)
-The receipt issued by the Police for your property.
-A copy of your lease if it shows your roommates name on it. (just in case)


I do not know if your case will win. However, it is important for you to stand firm about your complaint. Do not let the judge bully you or scoff at the fact that you own a gun (it might happen, might not). This is about property and a negligent act that is depriving you of your property.

If you decide to take this course of action post a thread and include the documents only. Do not talk about the case or post opinions / additional information about this matter until it has been decided.

[dsnover]

It seems odd to me that the police took the gun, absent a chargeable offense. Granted, they have the ability to file charges at a later time, but given the facts (as presented, admittedly one-sided), it does appear that the gun was seized for the purpose of 'fingerprinting' it. And I can't figure out why they would take the 30 round magazine away, as it isn't germane to the ND (again, according to the OP).

So, with that, abuses are only allowed as long as we permit them to happen. As I've said before, we are at the mercy of a system which for 'minor' civil rights violations, no lawyer will get involved in without big $, and _most_ of these civil rights violations seem to happen to those who don't have the ability to ante-up $250-400 per hour for a decent lawyer.

To the OP: I'm sorry for your situation. However, it would appear that you left some critical information out of your original post, specifically the events that led up to your roommate obtaining a loaded gun, whether it was with your consent or not, etc. Ultimately, YOU are responsible for YOUR property, and short of the roommate breaking into your gunsafe while you are not around (which certainly could happen, but again, no such details provided), he should never have been in possession of your uncleared weapon, outside of a proper range.

[PennsyPlinker]

Originally Posted by pyld

Get a new roommate. No such thing as an accidental discharge.

I don't want to get too far off topic, and I don't have a lot to offer the OP that hasn't already been offered, but this statement here is just not true. I had one a few weeks ago, in front of a number of witnesses from this very forum.

In the course of a small group shoot at my place, a young man was attempting to fire a Colt Woodsman .22 pistol. The trigger would not budge. Keeping the gun pointed downrange, I attempted to pull the trigger myself. Still no good, and I ain't no weakling. Still keeping the gun pointing downrange, I attempted to move the safety from fire to safe. My trigger finger was outside the guard along the receiver - not on the trigger. As soon as I began to move the safety, the gun fired.

That, sir, is an accidental discharge. Again, I have no idea what really happened with the gun belonging to the OP. I post this here because neither do you. And your assertion about no such thing as an accidental discharge is patently false.

[Armed_in_Lancity]

dont hire a lawyer ... buy a new gun !!