Pennsylvania Firearm Owners Association
Page 1 of 5 12345 LastLast
Results 1 to 10 of 47
  1. #1
    Join Date
    Dec 2008
    Location
    Underground Bunker
    Posts
    3,556
    Rep Power
    21474850

    Exclamation My gun is not being released by the police when they should be doing so......

    Several years ago, we had a burglary and guns were stolen from our house. About a year ago, one of them turned up on a thug, who was reaching for it in his waistband and subsequently was tasered by the police before he was able to use it one them. In the end, the gun helped to put him away, but even with priors (including a shooting about 10 years back) he only received a sentence of 3 ˝ to 7 years from our pathetic “justice” system.

    Fast forward to the present. I was informed that I could get my gun (property) back one month after he was sentenced just in case he appealed the case. A month went by from the time he was sentenced, and I tried to get the gun. No help from the DA’s office or the police. In fact, I was informed by the police that before I would get my gun back, they were going to do a background check on ME! On the owner of the gun!!!!! WTF kind of system is this?

    So I have been waiting now for approximately two months over the time when I was told I could get the gun back. He was sentenced in April, so I was told I could get the gun back June 1st. Apparently the officer who was involved in the case has to sign something to release the gun (not even sure why that should be required), but now that officer and the police are being sued by this thug and so the gun is not being released by their attorney (the attorney for the city)! It is my understanding that only the criminal case is what matters; whether the officer or the police are being sued in a civil case should have no bearing on the release of my gun.

    Who should I contact to expedite this? I have sent too many emails and phone calls as it is. I am fed up. It is my property and they should not be able to keep it past the time they are supposed to. My local legislator is worthless as he is antigun and only got into office because he was unopposed.

    In my opinion, if you do not get your property back within one week of the time you should, there should be monetary penalties to those throwing up roadblocks. Luckily for me, it is not my only gun. Bu if that was all I could afford, these people would be leaving my family at the mercy of the vermin walking the streets. I cannot describe how I feel about the people involved in this process.

    This is simply a criminal system.

    Ideas for getting the gun back would be appreciated.

  2. #2
    Join Date
    Jan 2009
    Location
    Newport, Pennsylvania
    (Perry County)
    Age
    53
    Posts
    4,798
    Rep Power
    21474851

    Default Re: My gun is not being released by the police when they should be doing so......

    Yes, just like a gun at a dealer for consignment, you have to have a PICS check to get it back from the police. Our property officer handled those and they were free of charge.

    Generally, it's up to the DA when the evidence can be released. Then, when the DA gives the go-ahead, the officer has to notify the custodial officer that evidence from X incident can be released.

    I would say your best bet is to check with the DA's office first. They will probably have a victim/witness coordinator that is supposed to be your advocate. The victim/witness coordinator may even contact the relevant parties at the police station to get the ball rolling.

    Good luck.
    "A man who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself"

    "He created the game, played the game, and lost the game.... All under his own terms, by his own doing." JW34

    "Tolerance is the lube that helps slip the dildo of dysfunction into the ass of a civilized society." Plato

  3. #3
    Join Date
    Nov 2007
    Location
    Lewistown, Pennsylvania
    (Mifflin County)
    Posts
    1,277
    Rep Power
    10838444

    Default Re: My gun is not being released by the police when they should be doing so......

    I think any time something similar has come up on the forums, the "final answer" was get a lawyer.

  4. #4
    Join Date
    Dec 2008
    Location
    Underground Bunker
    Posts
    3,556
    Rep Power
    21474850

    Default Re: My gun is not being released by the police when they should be doing so......

    Quote Originally Posted by IV_Warrior View Post
    I think any time something similar has come up on the forums, the "final answer" was get a lawyer.
    The gun is worth about $329. I will spend that much walking into a lawyers office.

  5. #5
    Join Date
    Dec 2008
    Location
    Underground Bunker
    Posts
    3,556
    Rep Power
    21474850

    Default Re: My gun is not being released by the police when they should be doing so......

    Quote Originally Posted by unclejumbo View Post
    Yes, just like a gun at a dealer for consignment, you have to have a PICS check to get it back from the police. Our property officer handled those and they were free of charge.

    Generally, it's up to the DA when the evidence can be released. Then, when the DA gives the go-ahead, the officer has to notify the custodial officer that evidence from X incident can be released.

    I would say your best bet is to check with the DA's office first. They will probably have a victim/witness coordinator that is supposed to be your advocate. The victim/witness coordinator may even contact the relevant parties at the police station to get the ball rolling.

    Good luck.
    The DA's office gave the get go to release the gun. The police are holding it up at this point.

  6. #6
    Join Date
    Feb 2014
    Location
    delco, Pennsylvania
    (Delaware County)
    Posts
    923
    Rep Power
    3958263

    Default Re: My gun is not being released by the police when they should be doing so......

    Quote Originally Posted by ShooterInPA1 View Post
    The gun is worth about $329. I will spend that much walking into a lawyers office.
    And that right there is how they get away with it. I would talk to the police chief. If that didn't work I would get a lawyer or give up. Your choice.

  7. #7
    Join Date
    Mar 2007
    Location
    City in, Pennsylvania
    Posts
    7,265
    Rep Power
    3575540

    Default Re: My gun is not being released by the police when they should be doing so......

    Curious, what kind of gun is it?

  8. #8
    Join Date
    Jan 2013
    Location
    Chester County, Pennsylvania
    (Chester County)
    Posts
    3,952
    Rep Power
    21474846

    Default Re: My gun is not being released by the police when they should be doing so......

    Sadly, I really don't have anything to add. They really have us by the throat as we need to spend legal fees in order to try to hold the government accountable, and they have the luxury of stonewalling. If it is not an extremely valuable gun, as others have said, I'd way the replacement cost versus the legal fees to get it back, and try to make it economic, and not emotional (not assuming you're making it emotional).

    If I didn't want to spend the legal fees, letter, emails, and phone calls to the responsible authorities may help.

  9. #9
    Join Date
    Dec 2008
    Location
    Underground Bunker
    Posts
    3,556
    Rep Power
    21474850

    Default Re: My gun is not being released by the police when they should be doing so......

    Quote Originally Posted by Pilot321 View Post
    Sadly, I really don't have anything to add. They really have us by the throat as we need to spend legal fees in order to try to hold the government accountable, and they have the luxury of stonewalling. If it is not an extremely valuable gun, as others have said, I'd way the replacement cost versus the legal fees to get it back, and try to make it economic, and not emotional (not assuming you're making it emotional).

    If I didn't want to spend the legal fees, letter, emails, and phone calls to the responsible authorities may help.
    Spending money to get my own property back after it was stolen just makes feel like I am being victimized all over.....hiring a lawyer is what a lot of people advise, but for a 300 dollar gun, is hard to justify. It is not emotional, but I will continue solo pro bono until I get it back.

  10. #10
    Join Date
    Dec 2012
    Location
    Philadelphia, Pennsylvania
    (Philadelphia County)
    Posts
    2,619
    Rep Power
    21474845

    Default Re: My gun is not being released by the police when they should be doing so......

    Why don't you sue the thug that was in possession of your stolen gun.

Page 1 of 5 12345 LastLast

Similar Threads

  1. Zombieland Released Oct 2, who's seen it>?
    By jcabin in forum General
    Replies: 3
    Last Post: October 3rd, 2009, 03:23 PM
  2. Replies: 30
    Last Post: July 14th, 2008, 12:55 AM
  3. Has this been released by the Republicrats yet?
    By LastManOut in forum General
    Replies: 0
    Last Post: December 14th, 2007, 08:57 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Local gun shops | Local shooting ranges | Philadelphia Shooting Ranges | Philadelphia Gun Shops | Pittsburgh Shooting Ranges | Pittsburgh Gun Shops