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Thread: Recovering a handgun from MD
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September 18th, 2017, 11:49 PM #11
Re: Recovering a handgun from MD
Was the rest of the deceased's property returned to his family, or are they holding that too?
Rules are written in the stone,
Break the rules and you get no bones,
all you get is ridicule, laughter,
and a trip to the house of pain.
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September 19th, 2017, 05:34 AM #12
Re: Recovering a handgun from MD
Thanks for all the thoughts and recommendations.
To answer a few questions:
1. The deceased's mother knows very little about firearms, and doesn't have specifics on the model. I do know it is a Springfield and believe it is a 9mm XDS.
2. It would not be worth it, in my opinion, from a fiscal standpoint, to go full-bore into legal action to recover the handgun. To us it is mainly a matter of principle--the MD State Police have no right to keep this property.
3. The remaining personal effects were returned to his mother yesterday. The MD State Police sergeant who returned the other items yesterday stated it would be at least a year before the "investigation" on the handgun was completed. It appears that even though it wasn't involved in any manner with the accident, MD conducts tests to determine if there are any links to other crimes committed in the state.
We are going to write a letter and attempt to get an official response on the rationale for keeping the firearm.
Thanks again!
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September 19th, 2017, 07:01 AM #13
Re: Recovering a handgun from MD
Bolded is the part that bothers me. As long as there is an ongoing investigation into the firearm's links to other crimes, no court is even going to listen to you. The police will simply say "We are still conducting an investigation," and no judge is going to order a halt to the investigation just so some other guy in a different state can get the gun.
The year is just an estimate, so maybe it will take five years. Who knows!
Presumably at some point they will conclude that the gun was not used in any other crimes, but are they under obligation to call you and inform you that the investigation is over?
Nope, they aren't.
You are left with calling every day to see if the investigation is over, hope you actually get someone on the phone who is both knowledgeable and truthful (unlikely) and then you can finally challenge it in court,
and lose.Sic semper tyrannis
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September 19th, 2017, 07:53 AM #14Super Member
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Re: Recovering a handgun from MD
Does the NRA or some other kind of group take on legal cases? Similar to the ACLU(except for non-liberals).
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September 19th, 2017, 08:53 AM #15
Re: Recovering a handgun from MD
However, driver hasn't been convicted of anything...and along the lines of dying before appeals are exhausted resulting in a conviction becoming an abatement anway......driver never received due process of law resulting in the loss of the property.
If I were the widow, and I wanted this gun, AND MD were pushing on THAT front, that's what I would try arguing.
But then again, I'd just forget about the gun and move on.
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September 19th, 2017, 09:19 AM #16
Re: Recovering a handgun from MD
Sometimes, that's the best course of action. When you have an uncooperative person that owe you something, you become their personal PITA. Get the name and the contact information of the person conducting the "investigation". Call them EVERYDAY at the same time. So that they know when the phone rings, they know it's you. Eventually they'll tire and give in.
Rules are written in the stone,
Break the rules and you get no bones,
all you get is ridicule, laughter,
and a trip to the house of pain.
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September 19th, 2017, 11:39 AM #17
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September 19th, 2017, 11:42 AM #18
Re: Recovering a handgun from MD
You could try your Senator and/or Congressman sometimes they can pull some strings and get things done.
Gender confusion is a mental illness
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September 19th, 2017, 11:49 AM #19
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September 19th, 2017, 12:04 PM #20Grand Member
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