Allegheny County Police Issue - Handgun was taken...

[lilpup]

Hey all...

I have an issue and I need some legal aid. I can't pay much as I am pretty much broke, but I can pay some. I was told by LilDobe that I should post a message here... so here goes...

Here's the deal...

In Mid-June 2009, my roommate accidently discharged my Glock 19 handgun in our apartment. He caused a self-inflicted GSW to his leg. He was taken to UPMC Presby and released that day.

The problem is, for whatever reason (and they said it was common practice), the Allegheny County Police detectives took my handgun and magazines for "examination". The thing is, my handgun has yet to be returned and now they are saying I most likely will not get it back until possibly next year some time.

I am a volunteer Emergency Medical Technician who puts in almost 40 hours a week for my community, plus I am also enrolled in paramedic classes and yet, I am the bad person here apparently (at least according to the detectives).

No charges were filed but they still took my handgun and their reason for it not being returned... "The forensic lab has a 6 month to 1 year backlog."

On top of all of that, they stated that once they "complete their examination" of my weapon, they are going to STAMP NUMBERS INTO IT. Their reasoning behind that is so that agencies buying the gun know its been through the system. They are also collecting info about my handgun (such as barrel information (i guess)) and they will have my handgun's info on file. I don't think that is right.

I need help guys. I have committed NO crime. They issued NO citations. They just took my gun 4 months ago and they are saying I ---MAY--- get it back in the next 2-6 months (if I am lucky).

They also took my 30 round magazine (which they claim was illegal (which it is not) and which wasn't in the weapon (on the other side of the room) as well as my self-defense ammo.

If you are an attorney or paralegal and are willing to help, I would be eternally grateful. This just isn't right and I am tired of the damn police walking over me like I have no rights.

Ashley Fox

[LorDiego01]

for the love of god man...

take yoru personal information OFF the net. And offer it only via Private Message.

Sorry I can't be of more help. Best of luck in your endeavors.

[ChamberedRound]

IMHO, there's little anyone here can do to help, other than make some suggestions. Your best bet is to call a lawyer and have them help you out.

If can't do that for some reason, then your next best option is to start writing registered letters to the dept and get a paper trail going. Ask them where the weapon is and make them account for it. Question them as to why they need to keep your weapon when no crime was committed, you weren't charged, and the incident was considered an accident. File a Right to Know request for all information regarding your handgun and the incident which caused it to be confiscated. Suggest that they may be breaking the law and even violating your civil rights by holding the gun, and request that it be turned immediately.

Good luck to you.

[bige64]

Call the state police and tell them your gun was stolen...

[kadar]

You did get a receipt for all property seized?

18 Pa.C.S. § 6105:
(f) Other exemptions and proceedings.--
(4)(i) The owner of any seized or confiscated firearms or of any firearms ordered relinquished under 23 Pa.C.S. § 6108 shall be provided with a signed and dated written receipt by the appropriate law enforcement agency. This receipt shall include, but not limited to, a detailed identifying description indicating the serial number and condition of the firearm. In addition, the appropriate law enforcement agency shall be liable to the lawful owner of said confiscated, seized or relinquished firearm for any loss, damage or substantial decrease in value of said firearm that is a direct result of a lack of reasonable care by the appropriate law enforcement agency.
(ii) Firearms shall not be engraved or permanently marked in any manner, including, but not limited to, engraving of evidence or other identification numbers. Unless reasonable suspicion exists to believe that a particular firearm has been used in the commission of a crime, no firearm shall be test fired. Any reduction in the value of a firearm due to test firing, engraving or permanently marking in violation of this paragraph shall be considered damage, and the law enforcement agency shall be liable to the lawful owner of the firearm for the reduction in value caused by the test firing, engraving or permanently marking.
(iii) For purposes of this paragraph, the term "firearm" shall include any scope, sight, bipod, sling, light, magazine, clip, ammunition or other firearm accessory attached to or seized, confiscated or relinquished with a firearm.

[lilpup]

I sure did and thanks for that info

Originally Posted by kadar

You did get a receipt for all property seized?

[ChamberedRound]

Originally Posted by bige64

Call the state police and tell them your gun was stolen...

While I believe this would be a good step and something worth trying, my gut tells me the PSP isn't going to get involved in a situation where the local PD has jurisdiction.

[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.

[o1dakota440]

please read the bold under lined section and send it to the police that have your firearm.

18 Pa.C.S. § 6105:
(f) Other exemptions and proceedings.--
(4)(i) The owner of any seized or confiscated firearms or of any firearms ordered relinquished under 23 Pa.C.S. § 6108 shall be provided with a signed and dated written receipt by the appropriate law enforcement agency. This receipt shall include, but not limited to, a detailed identifying description indicating the serial number and condition of the firearm. In addition, the appropriate law enforcement agency shall be liable to the lawful owner of said confiscated, seized or relinquished firearm for any loss, damage or substantial decrease in value of said firearm that is a direct result of a lack of reasonable care by the appropriate law enforcement agency.
(ii) Firearms shall not be engraved or permanently marked in any manner, including, but not limited to, engraving of evidence or other identification numbers. Unless reasonable suspicion exists to believe that a particular firearm has been used in the commission of a crime, no firearm shall be test fired. Any reduction in the value of a firearm due to test firing, engraving or permanently marking in violation of this paragraph shall be considered damage, and the law enforcement agency shall be liable to the lawful owner of the firearm for the reduction in value caused by the test firing, engraving or permanently marking.
(iii) For purposes of this paragraph, the term "firearm" shall include any scope, sight, bipod, sling, light, magazine, clip, ammunition or other firearm accessory attached to or seized, confiscated or relinquished with a firearm.

[bogey1]

good find 01dakoda!