LTFC Confiscated

[buxbandit]

I understand that you should never talk to the cops without an attorney but never thought that I'd need to be accompanied by an attorney when reporting a crime. Our overlords are pushing the envelope hard.

[PAMedic=F|A=]

I understand that you should never talk to the cops without an attorney but never thought that I'd need to be accompanied by an attorney when reporting a crime. Our overlords are pushing the envelope hard.

Sue them.

And file a federal civil rights lawsuit as well.

[jthrelf]

I can only add that I'm sorry for your situation which you don't deserve the be in. Good luck and I wish you a speedy return of your license.

[Gun]

Basically, the detective stole your LTCF.

This is no different than a LEO taking your DL after issuing a speeding ticket, or even a DUI.

[Daycrawler]

Welcome to Filthadelphia law and how it works. They do what they want and how they want. Contact Prince law as mentioned above. Good luck in your adventure.

[FUNDAMENTALS]

There is something here no one is mentioning. The OP parks his vehicle on a public street in the City of Brotherly Love in Philadelphia. His vehicle contains a loaded firearm which is left in the vehicle, subsequently broken into and the firearm is taken.(overnight/during the day?). Does the said owner of the firearm and vehicle bare any responsibility for his negligence leaving his firearm in the vehicle?. What happens down the road if the firearm is used in a crime where there is severe bodily injury or death? Maybe not criminal charges, but civil litigation could be a possibility the OP might face. I do not believe the OP LTCF had to be surrendered/confiscated as per the cited case. It might take awhile to get the LTCF back. I would hope they get the firearm back, but that could take much longer even maybe years.

[gnbrotz]

There is something here no one is mentioning. The OP parks his vehicle on a public street in the City of Brotherly Love in Philadelphia. His vehicle contains a loaded firearm which is left in the vehicle, subsequently broken into and the firearm is taken.(overnight/during the day?). Does the said owner of the firearm and vehicle bare any responsibility for his negligence leaving his firearm in the vehicle?. What happens down the road if the firearm is used in a crime where there is severe bodily injury or death? Maybe not criminal charges, but civil litigation could be a possibility the OP might face. I do not believe the OP LTCF had to be surrendered/confiscated as per the cited case. It might take awhile to get the LTCF back. I would hope they get the firearm back, but that could take much longer even maybe years.

What if it were on a coffee table inside the home, and a burglar simply broke the window, reached in and took it? What if instead, the burglar stole cash from the car, then used that to buy a gun off the street to kill someone? Or instead stole a ball bat? Or a hammer?

Why does the inherent need to blame "someone" so frequently result in the victim as the bad guy?

ETA - I didn't see the word "loaded" in the OP. Either way, it shouldn't matter.

[internet troll]

There is something here no one is mentioning. The OP parks his vehicle on a public street in the City of Brotherly Love in Philadelphia. His vehicle contains a loaded firearm which is left in the vehicle, subsequently broken into and the firearm is taken.(overnight/during the day?). Does the said owner of the firearm and vehicle bare any responsibility for his negligence leaving his firearm in the vehicle?. What happens down the road if the firearm is used in a crime where there is severe bodily injury or death? Maybe not criminal charges, but civil litigation could be a possibility the OP might face. I do not believe the OP LTCF had to be surrendered/confiscated as per the cited case. It might take awhile to get the LTCF back. I would hope they get the firearm back, but that could take much longer even maybe years.

Got to be honest, I am not blaming the victim of theft from a locked car here. If he left it on the hood..... maybe, but not in the car.

[STBear]

There is something here no one is mentioning. The OP parks his vehicle on a public street in the City of Brotherly Love in Philadelphia. His vehicle contains a loaded firearm which is left in the vehicle, subsequently broken into and the firearm is taken.(overnight/during the day?). Does the said owner of the firearm and vehicle bare any responsibility for his negligence leaving his firearm in the vehicle?. What happens down the road if the firearm is used in a crime where there is severe bodily injury or death? Maybe not criminal charges, but civil litigation could be a possibility the OP might face. I do not believe the OP LTCF had to be surrendered/confiscated as per the cited case. It might take awhile to get the LTCF back. I would hope they get the firearm back, but that could take much longer even maybe years.

Is it negligent to leave a firearm in a locked car? Maybe not the best place but negligent? He was a victim.

[SevenMilePete]

I was a recent victim of firearm theft, reported on February 1st, 2019 11:00 pm to my local precinct. My firearm was stolen from my vehicle and I reported the incident upon the discovery of said theft. I agreed to be interviewed by Detective S to file a report, and was subsequently asked to return to retrieve my belongings left at his desk. I returned to the precinct February 3rd, 2019 1:30 am and to my surprise, Detective S asked for my LTCF and informed me that he will be confiscating it. I did not receive a property receipt for this confiscation nor any written pertinent information. I had stated my position that I did not lose my firearm due to negligence, it was intentinally stolen in an act of vehicular burglary. But the Detective maintained his position that I was not fit to continue carrying.

According to John Doe, et al., v. City of Philadelphia, Philadelphia Court of Common Pleas docket no. 121203785, order by Judge Jacqueline Allen:

“The City will not confiscate an LTCF or firearm, unless there is probable cause that the LTCF or firearm is evidence of a crime. In the event an LTCF or firearm is confiscated, the officer must immediately provide a property receipt, which shall include the pertinent information”

Any members here have experienced this? I’ve already contacted the Police Commissioner, City Council member, Mayor’s Office and my local precinct. Waiting for a response. I’m ready to file a suit in Court of Common Pleas, if you have any information on how that can be done or how I can possibly get my LTCF back that would be greatly appreciated.

Forgive me, but you weren't carrying obviously. I'm just curious. Why did you willingly turn over your LTCF? Uh, I think I left it home, since I don't have a carry gun anymore. You can get a warrant if you want to search my home.