Gun was turned into the police, how can I get it back?

[skeelo]

A couple of weekends ago at a local restaurant, my pistol somehow managed to work it's way out of my IWB holster and I ended up leaving it on a chair. Someone found the gun and immediately called the police, I'm thanking my lucky stars right now that it didn't end up in the wrong hands because I could be in a world of trouble. I talked to the officer involved the next day, he said the gun came up flagged because my identity was stolen in 2002 by a felon that is now in jail. He stated that it was going to go through the system and into evidence because of this, however he also said that they were going to try and stop the processing from happening so they could just release the firearm to me. The officer stated he would get a hold of me the following Monday but after 2 weeks I've heard nothing back, and I can't seem to get a hold of him. I'm guessing likely it is going through the system and into evidence.

Does anyone have any idea who I should get a hold of to try and get the gun back? It was turned into Pittsburgh Zone 3 police however I doubt it's there any longer if it's being processed and going to evidence. I'm sure it's not going to be very easy to get back...the officer did mention something about court and having to get subpoena. However it's my gun that's legally owned and registered so I would like to do everything I can to get it back, as long as it's not going to cost me too much.

Please let me know if you have any suggestions on where to go from here, thank you.

[Deleted]

Would love to know what system they have that guns are "flagged" due to identity theft issues....that's a new one.

Get hold someone at the Zone and find out when he's working next so you can talk to him. Some departments will release a firearm back to you with out much fanfare if it's only being held in temporary storage. Most, once it's found it's way into evidence, will only release it under court order. If that happens you will have to file a motion at Common Pleas Court (downtown) for a "return of property".

So.... get a move on.

[QuackXP]

While your dealing with the firearm I would write a strongly worded letter to the holster manufacture and consider a different holster.

[Hawk]

I'm curious as to how long after leaving the restaurant you discovered the gun was no longer in the holster? What holster was it? What pistol?

[daschnoz]

I can see how you didn't realize it was missing. I carry IWB. There have been days where I put on the holster while getting dressed then realize an hour later that I never put the pistol in it.

And PLEASE, share with us the holster manufacturer?

[skeelo]

The pistol was an LC9, the holster a Blackhawk nylon size 6. Yes cheap holster and no retention strap, ...it was kind of worn out but I can't say it ever came out of the holster before. You don't really feel the gun on you because it's so incredibly slim. Also had a lasermax laser mounted, here's a pic:



Something else that likely contributing to it coming out, I've been on a diet and had lost around 5-6 lbs at the time so my belt was loose. Tightening another notch it was too tight so I think when I was sitting down I may have been sitting on the gun as opposed to it being upright against my waistline. It could have very well worked it's way out not being positioned properly (and flat under my ass).

Thanks for the information SteelCityK9Cop, I've repeatedly tried to get a hold of the officer involved but he doesn't seem to want to return my call. I'm going to try to get a hold of him again tomorrow and if I don't have any luck I guess my best bet is to call up the Common Pleas Court and see if they have it.

I'm not sure what's in place for my gun being flagged due to identity theft, but this has been causing me all kinds of problems over the past decade. Likely because the thief had my actual PA driver's license so he was going around everywhere doing stuff with it and that could include purchasing a gun. When I bought a pistol at Anthony Arms a few years ago, it took over an hour because they had them on the phone forever during the background check and had to extensively verify that it was actually me. Just glad to know the identity thief is in jail now, it just really sucks that this has to prevent me from easily getting my gun back.

I love the LC9, but I'm likely going with a Beretta PX4 for my next carry as it's double stack mag and I'll actually be aware that I'm carrying it. Also staying FAR away from Blackhawk holsters, definitely getting a leather IWB w/ retention strap.

[sprrdhawk44]

You don't really need a retention strap for ccw, just don't carry in a shitty nylon holster. I hope it all works out for you, and that you take a valuable lesson in responsibility away from this experience.

[TSimonetti]

If you're an optimist, maybe you can think about how it's only been about 2 weeks. Sometimes the bureaucracy wheels turn really slow. Lots of paperwork, investigations, etc. I think it's also a safe bet to assume you are pretty low on this officer's priority list, for a number of reasons.

On the other hand, they may be taking time investigating whether or not to charge you with negligence or some other public safety violation, or someone may just be messing with you because they think you are a shlep and a menace for losing your gun in a public place

In any case, I think the officer may have been feeding you a line of BS about attempting to stop processing the case in order to get you your gun back right away.....If this were me, I would consider getting a good lawyer to handle the return of your property. Costly lesson, but perhaps unavoidable at this point?

[Deleted]

Thanks for the information SteelCityK9Cop, I've repeatedly tried to get a hold of the officer involved but he doesn't seem to want to return my call. I'm going to try to get a hold of him again tomorrow and if I don't have any luck I guess my best bet is to call up the Common Pleas Court and see if they have it.

Nooo.. the court is not going to have it. The more time you waste the harder it is going to be to get your gun back. If the guy isn't calling you back, find out when he is working next by calling the zone and show up there and talk to him... talk to his supervisor... talk to whoever you need to in order to make sure the gun does not make it into evidence. Do this in person.

[skeelo]

On the other hand, they may be taking time investigating whether or not to charge you with negligence or some other public safety violation, or someone may just be messing with you because they think you are a shlep and a menace for losing your gun in a public place

In any case, I think the officer may have been feeding you a line of BS about attempting to stop processing the case in order to get you your gun back right away.....If this were me, I would consider getting a good lawyer to handle the return of your property. Costly lesson, but perhaps unavoidable at this point?

I'd only be facing charges if I did not have my carry permit or the gun fell into the wrong hands. I asked about this as soon as I talked to the police. The officer was relieved that I saved him a ton of paperwork and was totally cool about the whole situation. He even made a joke about keeping the gun for himself, which is starting to make me think it wasn't a joke, ha. He said they had to get a hold of the Zone commander to try and stop the gun from being processed, my guess is that this didn't happen. Honestly if it's going to require a lot of time and money to get back I'm just going to cut my losses.

Nooo.. the court is not going to have it. The more time you waste the harder it is going to be to get your gun back. If the guy isn't calling you back, find out when he is working next by calling the zone and show up there and talk to him... talk to his supervisor... talk to whoever you need to in order to make sure the gun does not make it into evidence. Do this in person.

Alright, I will attempt to get a hold of him today again and if I don't hear back I'll drive up to the Zone station tomorrow. Thanks.