Pistol confiscated, but I'm not being charged... any advice?

[gold eagle]

Yesterday he waived his right to a preliminary hearing. I would assume that means the next step is an actual trial? The DA assigned to our case said that my roommate who was injured fighting him would be the first and maybe only witness, and I'd be a second witness if necessary.


Yeah, that would be the only link as the gun never left my possession until the cops took it.

Should I wait until all this garbage is over before filing a petition?

Thank you all for the advice, I appreciate it.

I would inform the DA to help get my gun back or he can pound salt.

[fronttowardenemy]

Were they only able to have the prelim now because the guy you shot was in the hospital?

Yeah. Our first court date he was still in the hospital, then in July they had a status hearing and scheduled it for a couple days ago, then we get there and after waiting a couple hours his attorney informs the court he's waived his right to a preliminary hearing.

[bogey1]

I remember seeing this in the the news. I think there is a thread about this floating around here somewhere. I hope you get your gun back.

[Remington788]

I would imagine it would be held as evidence until all the court proceedings are finished. I hope they return it afterwards.

[Carson]

I would inform the DA to help get my gun back or he can pound salt.

The DA has no real control over the gun and all this would do is give the perp a walk.

[GunLawyer001]

The DA has no real control over the gun and all this would do is give the perp a walk.

In addition, you want the labels "aggressor" and "victim" to be placed on the right parties, and you assisting in a criminal conviction of the other guy helps to avoid some kickback regarding having used a gun against a fellow citizen.

[gbrown221]

So, here's the way it worked for me. Two variables are different in your case than in mine, those being that the weapon was actually used, and the investigation/trial is still in process. However, that shouldn't make the sequence of events any different.

When my Ruger P85 was confiscated by the Philadelphia Police for "unlawful open carry," I sent in a request to have it returned to me, the same way you did, and I received the exact same response: they didn't find it "feasible" to give me my rightful property back.

Now, in my case, there was no investigation to be completed in regards to the incident itself, and they had no right to keep my gun any longer. I found that the correct thing to do was to then send a letter to the Office of the Commissioner of the Philadelphia Police, demanding (in a professional manner, of course) that since the gun was not evidence in any crime and that I had not done anything illegal, that my property be returned. As a result, a detective was assigned to the case to perform an "investigation," which I interpreted to mean "try to find a way to not give it back."

Regardless, after a while, the investigation was completed, and the Gun Permits unit was forced to issue me a letter stating that I could go pick up my firearm from the evidence room at City Hall.

The biggest difference is that there is still a case in process that your weapon is involved in. Most likely, until that case is completed, they will not return your firearm.

once the case is finished the OP would mostly likely have faster success in filing a motion in miscellaneous motion in common pleas court for return of property. instructing individuals to write the police commissioner is a stall tactic. the cities hope is that individuals will just give up.

[GunLawyer001]

once the case is finished the OP would mostly likely have faster success in filing a motion in miscellaneous motion in common pleas court for return of property. instructing individuals to write the police commissioner is a stall tactic. the cities hope is that individuals will just give up.

I would send the letter to the PD first, get the green card for proof of mailing. If you want to maximize your chances of getting the judge to award your legal fees, it helps to show that you asked nicely but the PD failed to cooperate. That shows that you HAD to go to court.

[STBear]

Question is, has the OP gotten his gun back yet???? It's been 9 months and he has not posted.

[Cyclops]

Once all of the defendants have been prosecuted, and the appeals have run, there should be no reason for the PPD to retain your gun. In fact, it's hard to articulate a reason why they'd need to retain it for trial anyway, in the absence of allegations that any defendant stole the gun. From the brief OP, it sounds like the only real link is that the gun was used to shoot a perp, providing a link to that perp.

The UFA provides for an award of attorney fees if you have to file a petition for return of property. So that weakens the usual SOP of the Philly cops, which is to give you the finger because they know that you won't spend $2K to try to recover a $500 gun. Under the current law, they risk having to pay that money to try to keep your $500 gun.

Contact attorney Jon Mirowitz in Philadelphia, he knows the players, and they know that he's a serious lawyer and knows the gun laws, having helped to draft a few of them back in the day.

Phil,

Thank you for sharing your knowledge, advice, and referrals in these discussion forums. You have given a lot of good advice to many at no cost to the benefactors. I have learned from you, and I appreciate that.

Cyclops