Return of firearms from city/state

[alewis63]

How do I go about getting my firearm back from police custody after criminal case has been discharged?

[NikeBauer21]

Did you get a receipt when they were taken?

[IronSight]

This is a good start.

[ViperGTS19801]

This is a good start.

bwahahaha I'd rep you for making me laugh at the office, but the rep nazis will not allow it.

ZER VILL BE ORDER IN MINE REPUTATION SYSTEM

[phillykev]

How do I go about getting my firearm back from police custody after criminal case has been discharged?

In Philadelphia, forget it. Mine was discharged and expunged. Wrote several letters requesting the return (had a property receipt). No responses. Finally got a pro-gun State Senator's office (the now incarcerated Vince Fumo) to get them to respond to my request. A detective in the firearms trackign unit called me, told me he was going to recommend that my firearm be returned, because based on his investigation the charges against me were fabricated by an ex-gf (which is exactly what it was). He then told me that even though he will recommend that, they won't be returned becasue it is the PPD policy to never return a firearm once it is in their custody without a court order. Got the written response which was, "At this time, we do not find it feasible to return your firearm. If you'd like to appeal...." then it listed some ancient statute I couldn't find any record of and after digging into a law library found that what they cited had long been superseded by something else.

Bottom line, buying a replacement was cheaper than a lawyer.

[ViperGTS19801]

Wait. "We don't find it feasible" to stop breaking the law and stealing your property?

Yes...steal the property of a trained gun owner, then tell them that you have no regard for the law and will not hesitate to do it again. That's a GREAT fucking idea.

[phillykev]

Wait. "We don't find it feasible" to stop breaking the law and stealing your property?

Yes...steal the property of a trained gun owner, then tell them that you have no regard for the law and will not hesitate to do it again. That's a GREAT fucking idea.

There's a lawyer who filed (and won) a class action against Delaware County for essentially doing the same thing. I wrote him and offered to be a named claimant if he ever decided to do the same in Philly. He wrote back and essentially said that he didn't think he could win it in Philly in front of Philly judges.

[MDJschool]

If a law-enforcement/criminal-justice agency keeps your firearm when it is no longer lawful evidence or contraband, they are quite simply committing theft and official oppression and have converted your property.

You can and should do any of the following:

• Demand the possessor return your property pursuant to 18 Pa.C.S. § 6111.1(b)(4).
• Submit a petition on a miscellaneous docket by motion for return of property.
• File a private criminal complaint for all charges that apply, such as failing to receipt you for confiscated/seized firearms/ammo per 18 Pa.C.S. 6105(f)(4)(i), theft, a VUFA for failure to comply with 6111.1, and official oppression. You may be able to seek restitution.
• If they aren't abolished, you might look at detinue/replevin actions or something similar to get your property back after a motion for return would fail. You might also file suit for damages for the torts like theft/conversion involved. You could look at a 1983 action in state court.

[phillykev]

• Submit a petition on a miscellaneous docket by motion for return of property.

Yeah, that's the one that superseded the one they told me was my means of redress.

Calling lawyers, found that would cost more than the replacement. If there was any chance going through all of that would in any way change the way the PPD operates, I wouldn't worry about the expense. But the end result would be that I get back a gun and nothing else would change.

If any lawyer wants to do this pro-bono, I'm willing.

[MDJschool]

Yeah, that's the one that superseded the one they told me was my means of redress.

Calling lawyers, found that would cost more than the replacement. If there was any chance going through all of that would in any way change the way the PPD operates, I wouldn't worry about the expense. But the end result would be that I get back a gun and nothing else would change.

If any lawyer wants to do this pro-bono, I'm willing.

I don't think you have a right to counsel, and you can file yourself (although because it is 'civil in form' they might make you pay a ~$60 civil filing fee):
"Boniella's claim for return of property is distinct from a forfeiture action, the proceeding in $9,847.00 U.S. Currency. This Court has explained that a proceeding for return of property under Pennsylvania Rule of Criminal Procedure 588 “is simply a ‘mirror image’ of a forfeiture action under the Forfeiture Act.” In re One 1988 Toyota Corolla, 675 A.2d at 1295. Like a civil forfeiture proceeding, a motion for the return of property is an in rem action in which a claimant “is not in danger of a loss of personal liberty should he be unsuccessful at trial.” $9,847.00 United States Currency, 550 Pa. at 201, 704 A.2d at 617. In fact, a claimant seeking the return of property has a less compelling interest in appointed counsel than a claimant in a forfeiture action because “even if the court denies the motion to return the property to a person claiming ownership, it is not automatically forfeited to the Commonwealth until the Commonwealth files a petition to forfeit.” In re One 1988 Toyota Corolla, 675 A.2d at 1295 n. 10. Therefore, we find no error by the trial court in denying Boniella's request for the appointment of counsel." Boniella v. Com., 958 A.2d 1069, 1073 (Pa.Cmwlth.,2008). Also of hilarious note from this cited case: "FN15. The concurring opinion suggests that we should address the Connellsville City Police Department's obligation to release the Taurus handgun to a hypothetical individual to whom Boniella may transfer lawful possession. We see no need at this juncture to address issues and forms of relief that were not raised by either Boniella or the Commonwealth. Among the novel forms of relief actually requested by Boniella are a $10,000 fine against the Commonwealth for “its negligence;” a $100,000 fine against the Fayette County District Attorney for “criminal libel and defamation;” $950,000 in “just compensation” for the public seizure of his firearm; and a certificate that the firearm has been destroyed if it is not returned to Boniella. Brief for Appellant at 7. These requests mirror Boniella's ad hominem assertions that he is “sick and tired of judges and politicians trying to trample on [his] natural rights” and that the order appealed represented a “colluded compromise among the judge, district attorney, and federal agents to support Democratic, fascist, and unconstitutional gun-control laws.” Id. at 5."

18 Pa.C.S. 6111(b)(4) says that "The Pennsylvania State Police and any local law enforcement agency shall make all reasonable efforts to determine the lawful owner of any firearm confiscated or recovered by the Pennsylvania State Police or any local law enforcement agency and return said firearm to its lawful owner if the owner is not otherwise prohibited from possessing the firearm. When a court of law has determined that the Pennsylvania State Police or any local law enforcement agency have failed to exercise the duty under this subsection, reasonable attorney fees shall be awarded to any lawful owner of said firearm who has sought judicial enforcement of this subsection." I don't see how that's not a confirmed payout that would entice a lawyer to consider a possible contingency-fee'd plan.