Question about getting guns released from PA State Police after investigation is over

[Walleye Hunter]

Sorry for your loss and the ensuing hardship. Best of luck wading through it all.

[markshere2]

Prayers for peace for you and your family and your son's soul.

Kudos to Phil.

[JenniferG]

Thanks go to Phil for helping out a man during a very trying time.

[abner13]

A friend committed suicide years ago and he had a substantial gun collection. The PSP confiscated every gun in the house , including his sons. Many handguns were not in the OS database. Several handguns were gifts to his sons , but still in his name. They would only return them thru an FFL along with the usual paperwork.

[unclejumbo]

A friend committed suicide years ago and he had a substantial gun collection. The PSP confiscated every gun in the house , including his sons. Many handguns were not in the OS database. Several handguns were gifts to his sons , but still in his name. They would only return them thru an FFL along with the usual paperwork.

That used to be the procedure. PSP finally figured out that since they run PICS, they can have the evidence custodian run a check.

To the OP, I'm sorry for your loss. You were given incorrect information from someone bluffing his way through a question rather than getting the correct info. During my time, I saw many firearms returned under the same circumstances.

[Walleye Hunter]

That used to be the procedure. PSP finally figured out that since they run PICS, they can have the evidence custodian run a check.

To the OP, I'm sorry for your loss. You were given incorrect information from someone bluffing his way through a question rather than getting the correct info. During my time, I saw many firearms returned under the same circumstances.

I would expect that suicide calls are horrible.

[abner13]

That used to be the procedure. PSP finally figured out that since they run PICS, they can have the evidence custodian run a check.

Now the guns he bought when he lived in other states are on the ROS too.

[pagunking]

Once you have the Short Certificate as proof that you are Administrator of the estate, you are absolutely entitled to receive all property of the estate, once any criminal investigation is concluded. I don't think it's even a crime to kill yourself, so the gun he used isn't "derivative contraband" the way a crime gun from a robbery would be.

As for proof of ownership, if they took it from your son's room, and nobody else is claiming the stuff, then you win.

If you have to file a "return of property" petition in Common Pleas Court, and you win, you would be entitled to attorney fees. Make sure the PSP knows that YOU know this, that they can't bluff you and they face some risk beyond just having to release the stuff. They'll have to cut you a check. Send them a certified letter with a copy of your Short Certificate making a formal request for return of the property, and identify all of the property that you know of, with serial numbers if known (it should be listed in the PSP incident report for that night). Address it to the PSP Commissioner Lt. Colonel Robert Evanchick, not to the flunky who you spoke with before. Let the problem trickle down from above, so everybody's boss is aware of it.

Phil's advice is spot on.

[Entropified]

Although, life will never be the same without my son, one has to continue with every day living. Ultimately what happened regarding my son's guns - initially, the trooper who I believe was in charge of evidence told me that the guns were to be destroyed. He was pretty obnoxious. I then contacted the investigating officer, and he was much more helpful, and ultimately got the guns back to me after they were done with their investigation, no muss no fuss, they ran a NICS check on the spot at the barracks, and handed them all over. They are stored, until my mental state is such that I can make a rational decision on what to do with them.

[GunLawyer001]

Although, life will never be the same without my son, one has to continue with every day living. Ultimately what happened regarding my son's guns - initially, the trooper who I believe was in charge of evidence told me that the guns were to be destroyed. He was pretty obnoxious. I then contacted the investigating officer, and he was much more helpful, and ultimately got the guns back to me after they were done with their investigation, no muss no fuss, they ran a NICS check on the spot at the barracks, and handed them all over. They are stored, until my mental state is such that I can make a rational decision on what to do with them.

I'm glad that this minor part of the situation was resolved in your favor, it's just a shame that police in general are not more conscious of their obligation to be PR reps for their departments.

Cops are being gunned down, insulted, humiliated with thugs dumping water on them with impunity. Cops have to endure the widespread myth that they hunt down and murder young black men for sport.

Would it really kill a PSP trooper, or any officer in any department, to act like a human being from the start? To be a decent person until the citizen gives reason NOT to be civil? Make some allies out there?

I know that lawyers don't have the best rep, but we aren't all working for the same team; many of us are solos, most are in adversarial roles of some sort. But I still hate to see what TV ads for lawyers have become, it bothers me when lawyers make idiotic statements, and it's a mixed feeling when I see a lawyer arrested for defrauding clients. And don't get me started on the Creepy Porn Lawyer, Avenatti.